power resides in the states unless expressly granted to the federal government. Study Flashcards On Criminal Law Chapter 1 at Cram.com. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Has jurisdiction over felony trials. ], a right that bans "all governmental invasions of the sanctity of a man's home and the privacies of life", a right that requires the government to prove that a compelling interest justifies invading it, "barbaric" punishments and punishments that are disproportionate to the crime committed, punishments considered no longer acceptable to civilized society, intended to make sure that offenders who are convicted of a third felony get locked up for a very long time (sometimes for life), statutes that require judges to impose a nondiscretionary minimum amount of prison time that all offenders have to serve, a legislative sentencing scheme that "fixes" or determines sentence length according to the seriousness of the crime, a commission establishes a narrow range of penalties, and judges choose a specific sentence within that range. Laws dealing with personal injuries, contracts, property as well as administrative laws. less than $500, traffic violations (limited jurisdiction), jurisdication over felonies and civil courts, losing party feels they were wronged by procedure. a) specific deterrence: and individual is deterred because of their previous actions, -you learn about law by reading cases and using critical thinking, cannot go to jail/court twice for the same crime, m- lower level of offense. 1.1 Introduction; 1.2 Criminal Law and Criminal Procedure; 1.3 The Difference between Civil and Criminal Law; 1.4 Classification of Crimes; 1.5 The Purposes of Punishment; 1.6 Sources of Law; 1.7 End-of-Chapter Material; Chapter 2: The Legal System in the United States. Find GCSE resources for every subject. What are the 5 area of the UTILITARIAN PHILOSOPHY for punishment? by: Norman Garland, - The federal, state, or local enactments of legislative bodies. Introducing Cram Folders! Find out how you can intelligently organize your Flashcards. To ensure the best experience, please update your browser. The statement is concerned with the fundamental purpose of punishments and the implications for society. The Following are not subject to the operation of Philippine Criminal Law 1. You have created 2 folders. Please sign in to share these flashcards. Both criminal and civil cases involve two parties that have concluded a disagreement cannot be resolved amongst themselves, and requires legal intervention. The three perspectives of the criminal justice system. to protect society and ensure that the individual comes to court (bail). Preliminary felony hearings and trials in cases involving misdemeanors and petty offenses. It looks like your browser needs an update. Cram has partnered with the National Tutoring Association, Compare And Contrast Probation And Probation, General Fortence And The Four Types Of The Criminal Law, How Individualised Responsibility Is Reflected In The Individual Model Of Responsibility. Lex tailons (‘’an eye for an... Give examples to enhance each of these important criminal law words. 6 months or less. The guideline sentence depends on a combination of the seriousness of the crime and the prior criminal record of the offender, other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt, "failure to exercise sound, reason- able, and legal decision-making; an appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence", conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests, to convict, the prosecution must prove beyond a reasonable doubt (1) a criminal act (in all crimes) (2) criminal intent (in some crimes), (3) concurrence (in all crimes), (4) attendant circumstances (in some crimes), and (5) that criminal conduct caused a criminal harm (in bad result crimes only), the requirement that all crimes have to include a voluntary criminal act, which is the physical element and the first principle of criminal liability, criminal intent, the mental element in crime, requiring a criminal act triggered by criminal intent, the principle of criminal liability that requires that a criminal intent has to trigger the criminal act, a "circumstance" connected to an act, an intent, and/or a bad result, crimes that include five elements: (1) a voluntary act, (2) the mental element, (3) circumstantial elements, (4) causation, and (5) criminal harm, the requirement that mental attitudes have to turn into deeds for a "crime" to be committed, conduct that includes a voluntary act satisfies the voluntary act requirement, defenses based on creating a reasonable doubt about the prosecution's proof of a voluntary act, defenses of excuse for criminal liability, which take place after the prosecution has proved the defendant's criminal conduct, the character or condition of a person or thing, the failure to act when there's a legal duty to act, not reporting something the law requires you to report, not actively preventing or interrupting injuries and death to persons or damage and destruction of property, a duty created by a statute, contract, or special relationship, and enforceable by law, imposes a legal duty to help or call for help for imperiled strangers, there's no legal duty to rescue or summon help for someone who's in danger, even if the bystander risks nothing by helping, pretending something is a fact when it's not, if there's a "good" reason for the pretense, physical control of banned items on my person, for example, marijuana in my pocket, banned items not on my person but in places I control, for example, in my car or apartment, items possessors are aware is either on their person or in places they control, items you possess but you don't know what they are, or blameworthiness, the idea that it's fair and just to punish only people we can blame, cause in fact, also called but for causation, the objective determination that the defendant's act triggered a chain of events that ended as the harmful result, such as the death in a homicide, the subjective judgment that it's fair and just to blame the defendant for the bad result, Latin for guilty mind, the mental element (also called "criminal intent," "evil mind," "mental attitude," or "state of mind") in crime, fault that requires a "bad mind" in the actor, requires no purposeful or conscious bad mind in the actor, liability without either subjective or objective fault, the intent to commit the criminal act as defined in a statute, subjective fault; it refers to criminal intent in addition to the criminal act, where "general intent" refers to the intent to commit the actus reus of the crime, and "plus" refers to some "special mental element" in addition to the intent to commit the criminal act, the mental attitude that a person acts purposely with respect to a material element of an offense when, if the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result, the mental attitude that a person acts knowingly with respect to a material element of an offense when: (1) if the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and (2) if the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result, the mental attitude that a person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct.
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