Types and elements
Crimes punishable by death or confinement of a year or more and fine.
What are felonies?
50 state criminal codes; The Model Penal Code (MPC); municipal ordinances; The U.S. Criminal Code/federal criminal law; administrative agency crimes; and informal discretionary law-making.
What are the sources of criminal law?
Retribution, deterrence, incapacitation and rehabilitation.
What are the four (4) theories of punishment?
What the 99 stands for in Wilkerson v. Utah, 99 U.S. 130 (1879).
What is the volume number?
State must prove guilt beyond a ____ ____ to get a conviction.
What is reasonable doubt?
Crimes that are punishable by a fine and or confinement in local jail (generally up to one year).
What are misdemeanors?
Police decision not to charge at possible point of arrest; police when deciding which crime to charge someone; prosecutor deciding if / when to charge; prosecutor deciding if want to go forward with charge; prosecutor during plea bargain; court finding guilt/not guilt; court at sentencing.
What are examples and stages of informal discretionary law-making?
Inflicting on offenders physical and psychological pain so that offenders they can pay for their crimes.
What is retribution?
What the 130 stands for in Wilkerson v. Utah, 99 U.S. 130 (1879).
What is the page number?
Someone is ____ until proven guilty.
What is innocent?
Actus reus.
What is the criminal act?
Leader in world imprisonment rates.
What is the United States?
Punishment is only a means to a greater good, usually the prevention or at least the reduction of future crime.
What is deterrence?
The laws are prohibited because they contain terms so vague that (wo)men of common intelligence must guess at its meaning and differ as to its application.
What are void for vagueness laws?
Written words, spoken words and expressive conduct.
What are the types of speech protected by the 1st amendment freedom of speech?
Mens rea.
What is the mental state or intent of the crime?
Title, citation, procedural history, judge, facts, reasoning, and judgment/decision.
What are the parts of a case?
Preventing future crime by making it physically impossible for the offender to harm society at large.
What is incapacitation?
Requirement of courts to resolve every ambiguity in a criminal statute in favor of the defendant?
What is the rule of lenity?
Obscenity, profanity, libel (written false words) and slander (spoken false words), fighting words, clear and present danger.
What are the five categories of speech not protected by your First Amendment right to free speech?
Actus reus, mens rea, concurrence, attendant circumstances and criminal harm.
What are the elements of a crime?
No crime without law; no punishment without law.
What is the principle of legality?
Therapy by experts can change offenders.
What is rehabilitation?
These laws are prohibited when the laws criminalize an act after the fact or increase punishment after the fact (most common) or take away a defense after the fact.
What are ex post facto or after the fact laws?
The 8th Amendment protects us against ___ and ___ or barbaric punishments.
What is cruel and unusual?