Dealer's Choice
This Amendment protects you from cruel and unusual punishment
8th Amendment
In a criminal trial, which side always presents its arguments first?
The prosecution
(The plaintiff is not the correct answer; this is a criminal trial!)
What is entrapment?
When you argue that you were coerced or led to commit a crime that you wouldn't have committed on your own
Actus Reus refers to what?
The criminal act itself
Violent criminal acts intended to coerce or intimidate a population or government through widespread destruction are known as...
Terrorism
What are 3 risk factors for gang involvement? (You need all 3 to get the points)
1. Poverty
2. School failure
3. Substance abuse/drugs
4. Family dysfunction/issues
5. Community/domestic violence
Which stage of a criminal trial generally revolves around asking witnesses open-ended questions?
Direct Examination
Criminal defenses are divided into 2 categories. What are they?
1. Justification
2. Excuse
Most crime is intraracial. This means that...
For the majority of crimes, the victim and the perpetrator are of the same race
Jasmine came home and found her partner cheating on her. She was furious and, without thinking, killed him by hitting him over the head with a hammer. Jasmine could be charged with what crime?
Voluntary Manslaughter (Jasmine killed the victim, but you could argue she was provoked)
Granting certain concessions to the defendant in exchange for their declaring themselves guilty refers to what?
Plea bargain
What is it called when a case gets dismissed because some part of the process was deemed unfair?
Mistrial
If you believe you are in imminent danger, this law allows you to use force without having to retreat
Stand Your Ground Law
What are aggravating factors?
Circumstances that raise the severity of a crime
What is the difference between 1st degree and 2nd degree kidnapping?
1st = the victim is not released alive before the trial
2nd = the victim is released alive before the trial
What is a quid pro quo? What crime against the state does this describe?
"This for that"
Exchanging one thing for something else
Bribery
What Amendment provides the right to a lawyer? What landmark Supreme Court case established the principle that a lawyer will be provided to you if you cannot afford one in a criminal case? (You need BOTH)
6th Amendment
Gideon v. Wainwright
Actions that are inherently wrong because they are immoral or evil (ex: murder) are called
Mala in Se
What is it called when someone has an utter disregard for human life?
Depraved Indifference
Inciting an insurrection against the government would be classified as
Sedition
What is the most common crime against property?
Larceny
About what percent of criminal cases actually go to trial?
Less than 10% of criminal cases!
What is the name of the legal test used to determine if someone can be found not guilty by reason of insanity?
The M'Naghten Rule (1843)
What is an inchoate offense? What are the 3 examples of inchoate offenses? (You need BOTH to get the points)
Inchoate = incomplete crimes
1. Solicitation
2. Conspiracy
3. Attempt
Crimes against the state threaten 3 things? What are they?
1. Democracy
2. Integrity of the justice system
3. National security