Since the mid 1980's, the two rationales that have dominated penal policy are...
retribution and incapacitation
100
a trial without a jury is called a...
bench trial
100
A voluntary criminal act triggered by criminal intent...
conduct crime
100
The idea that we can only punish people that we can blame, and we can only blame people that are responsible for their actions...
Culpability
100
An element of self defense requiring the danger to be "right now!"...
Imminence requirement
200
The law says that human beings seek pleasure and avoid pain is called...
Hedonism
200
in Roper vs. Simmons (2005) the supreme court held that the eighth amendment forbids the execution of...
offenders under 18
200
The doctrine that imposes the legal duty to help or seek help for strangers in danger...
"Good Samaritan" Doctrine
200
Fault requiring no purposeful or conscious "bad mind" in the actor; sets a standard of what the average person should have known...
Objective Fault
200
Circumstances that convince fact finders (judges or juries) that defendants don't deserve the maximum penalty for a crime they were convicted of...
Mitigating Circumstances
300
To obtain a conviction, the prosecution must prove every element of the offense...
beyond a reasonable doubt
300
The supreme court took a hands off approach to sentencing procedures until what case?
Apprendi vs. New Jersey (2000)
300
Parts of a crime that the prosecution must prove beyond a reasonable doubt, such as actus reas, mens rea, concurrence, causation, and bad results...
Elements of crime
300
The unconscious creation of substantial and unjustifiable risks...
Negligence
300
The mental disorder that develops in victims of domestic violence as a result of serious, long-term abuse...
Battered Woman's Syndrome (BWS)
400
Where is the most criminal law found?
State criminal codes
400
The level of scrutiny that most government classifications are subject to under equal protection is...
The rational basis test
400
The requirement in the law that states that intentions have to turn into criminal deeds in order to qualify as punishable offenses...
Manifest Criminality
400
the main cause of the result of criminal conduct...
Legal Cause or proximate cause
400
Justifies the choice to commit a lesser crime to avoid the harm of a greater crime...
Choice-of-Evils Defense
500
Who has the burden of proof regarding criminal conduct?
The prosecution
500
The amendment that bans cruel and unusual punishment is...
The eighth amendment
500
Latin term for body of the crime; applies to the elements of criminal conduct and bad result crimes...
Corpus Delicti
500
A mistake defense where defendants present some evidence that the mistake raises a reasonable doubt about the formation of a mental element required for criminal liability...
Failure-of-proof defense
500
In the jurisdictions that follow the retreat rule, people who live in the same home don't have to retreat...