Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
83 Cards in this Set
- Front
- Back
When the government intentionally inflicting pain or loss of Liberty on the person who has been convicted of a crime, it is called |
B. Punishment |
|
The simplest retributive justification is when |
D. One who has violated the rights of others is penalized. |
|
The utilitarian justification is based upon Jeremy Bentham's test for |
A. Moral desirability of an act or social practice. |
|
An intolerance for repeat offenders has resulted in ____, which impose sentences of 25 years to life for those convicted of serious offenses the different times. |
C. Three-strike laws |
|
If the accused is convicted of a crime, |
C. S/he will be sentenced |
|
A by-product of punishment is the _____ of the criminal so that he or she would no longer desire to commit crimes and will be a useful citizen. |
B. Reform |
|
The effect that punishment babe in causing other people in the community to refrain from committing other crimes is called |
C. General deterrence. |
|
The effect that the imposition of punishment upon the wrong doer will have in causing him or her to refrain from repeating the act is called |
D. Individual deterrence. |
|
The removal or restriction of freedom of those who have violated criminal laws is |
B. Incapacitation. |
|
As a by-product of punishment, _____ is sought so the offender will no longer desire to commit crimes and become a productive citizen. |
B. Rehabilitation |
|
The goal of utilitarianism is |
A. The greatest good for the greatest number. |
|
Punishment in the criminal justice system occurs when an agent of the government intentionally |
D. Inflicts pain on the convicted individual or otherwise causes him or her to suffer some consequence that is ordinarily considered to be unpleasant. |
|
Restorative justice techniques do NOT include |
B. Longer incarceration. |
|
Restorative justice techniques do NOT include |
B. Longer incarceration. |
|
With determinate sentencing systems and mandatory sentences, the prison population has |
A. Exploded. |
|
The suspension of a sentence, allowing an offender to return to the community with conditions set by the court, is known as |
A. Probation. |
|
The release of an offender from incarceration prior to the expiration of the full term of incarceration is |
C. Parole. |
|
A (n) ______ is NOT an example of homicide. |
A. Suicide performed by a terminally I'll patient. |
|
____ is NOT an accurate definition of the behavior needed to be guilty of involuntary manslaughter. |
D. Mere negligence |
|
____ is NOT a symptom of brain death. |
D. The absence of recognition of surrounding environment |
|
The corpus delicti requirement, includes the fact that |
C. The prosecution cannot use statements of the defendant, or his or her confession alone, to prove that a crime has been committed. |
|
To establish premeditation and deliberation, many modern courts require |
D. A reasonable period of time of deliberation |
|
The determination of a defendant's mental state at the time of the killing act can be difficult because |
C. State of Mind can only be established by circumstantial evidence. |
|
The determination of a defendant's mental state at the time of the killing act can be difficult because |
C. State of Mind can only be established by circumstantial evidence. |
|
Under the common law rule, which still exists in some jurisdictions, a provocation defense required the accused to show that |
D. All of the above are correct. |
|
Typical criminal homicide motives do NOT include |
A. Fear. |
|
The year and a day rule's time limit is a(n) _____ of criminal liability. |
D. Absolute rule |
|
A defendant who consciously disregards a substantial and unjustifiable risk that criminal harm will occur is acting |
A. Recklessly. |
|
A defendant who consciously disregards a substantial and unjustifiable risk that criminal harm will occur is acting |
A. Recklessly. |
|
The common law felony murder rule created murder liability for all deaths that occurred as a result of the participation _____ the felony. |
D. All of the above are correct. |
|
A justifiable homicide could include |
D. The defense of human life. |
|
The various types and degrees of homicide include |
D. All of the above are correct. |
|
_____ is NOT an example of murder? |
A. " the accused causes a death in the course of committing a misdemeanor" |
|
The _____ is an element of battery. |
D. All the above are correct. |
|
In order for a defendant to be guilty of battery, not only must hear she intend to cause harmful or offensive touching, but he or she must also |
C. Actually cause such a result to the victim. |
|
_____ is NOT one of the elements of the crime of assault. |
C. The actor's conduct of touching our applying force |
|
For a defendant to be criminally culpable of assault, s/he only needs to take some action like |
B. Making a fist and waving the arm while walking toward a victim. |
|
One form of assault, ____ , is a felony in most jurisdictions. |
A. Aggravated assault |
|
Because of the origins of the crime of _____, it has outlived is purpose and is being gradually eliminated from American criminal law. |
D. Mayhem |
|
Because of the origins of the crime of _____, it has outlived is purpose and is being gradually eliminated from American criminal law. |
D. Mayhem |
|
In general, rape is sexual intercourse by a male defendant with a female victim that is committed |
B. By means of some specific forms of deception |
|
Under the common law, whether the victim_____ is NOT "proof" that the woman was raped. |
A. Was not married |
|
Wives who have been victims of spousal rape can sue their husbands in civil court for |
D. All the above are correct. |
|
Wives who have been victims of spousal rape can sue their husbands in civil court for |
D. All the above are correct. |
|
Police can provide rape victims with various resources that can assist and her or his recovery, including |
D. Rape Survivor support groups. |
|
____ is NOT a true statement about child molesters. |
D. " child molesters rarely recidivate, and often go on to lead non-criminal lives after incarceration" |
|
____ is NOT a common reason why sexual abuse of children often goes undetected or unreported. |
A. "The molestation stops, so the child decides not to talk about it" |
|
Under Megan's Law, the information provided on sex offender databases includes |
C. A photograph of the perpetrator (if available) |
|
The abortion must _____ is NOT a condition under which abortions must be performed. |
C. "After a 14-day waiting period" |
|
Child abuse can include |
D. All the above are correct. |
|
If a parent is ____, that parent will be punished by the child abuse laws. |
A. An observer of the abuse |
|
____ is not a form of child neglect. |
A. Throwing an object at a child |
|
____ is a form of physical abuse. |
B. Withholding food as punishment |
|
_____ is NOT a form of emotional maltreatment. |
B. Telling a child that he or she needs to do better in school |
|
____ is a form of spousal abuse. |
C. Abusing one's partner in a homosexual relationship |
|
______ is NOT an example of the financial exploitation of elders? |
B." When an elderly person needs a substantial amount of money to a person in his or her will, but that person refuses to speak to the elderly person" |
|
_____ percent of Elder abusers are female, which is quite different from other abuse profiles, and what percentage of those who suffer from elder abuse are female? |
B. Fifty-two |
|
More than _____ percent of those who suffer from elder abuse are female. |
B. Fifty-two |
|
False imprisonment is |
D. Knowingly and unlawfully restraining a person, in the substantially interfering with his or her Liberty. |
|
False imprisonment is |
D. Knowingly and unlawfully restraining a person, in the substantially interfering with his or her Liberty. |
|
____ is NOT one an element of kidnapping. |
A." Knowingly and substantially interfering with another person's Liberty" |
|
_____ is NOT one of the general definitions of modern arson. |
D." When one starts a fire or cause an explosion with the purpose of destroying or damaging any property, whether his own or another's, to collect insurance for such loss" |
|
Under common law, arson existed if the Burntwood showed evidence of |
B. Charring. |
|
When the MPC was drafted, it was noted that _____ was a legislative pattern that had developed in the U.S. |
D. All the above are correct. |
|
When a crime requires a mens rea of specific intent, a person is culpable only if he or she voluntarily commits the underlying criminal act or acts |
B. With the intent to achieve a particular result. |
|
Many states have degrees, or levels of severity, of arson in their statues, and each level arson |
C. Ranges in severity of punishment, and each includes elements that are not included in other levels. |
|
______ is NOT one of the three elements of common law burglary. |
A. Occurring at any time of the day |
|
______ is NOT one of the three elements of common law burglary. |
A. Occurring at any time of the day |
|
Even under the most comprehensive definitions of modern burglary, the offense does NOT include |
A. The event happening in the nighttime. |
|
_____ is part of the MPC's definition of burglary. |
B. " the entry of a 'building or occupied structure, or separately secured or occupied portion thereof" |
|
_____ is part of the MPC's definition of burglary. |
B. " the entry of a 'building or occupied structure, or separately secured or occupied portion thereof" |
|
Unlawful entry can be accomplished through |
D. All of the above are correct. |
|
The distinction between Commission of burglary at night as opposed to daytime is |
D. Most frequently a matter of defining the degree of the crime, rather than defending the basic offense. |
|
The felony charge for theft of property worth greater than a statutorily determine amount of money (such as $1,000) is |
B. Grand Theft |
|
One of the three required elements of property taken by larceny is NOT that the property taken must |
C. Be worth greater than a statutorily set amount of money. |
|
One way the owner of stolen property can positively Identify the property as his or hers is by |
D. All the above are correct. |
|
One could NOT prove specific intent to permanently deprive the owner of the property if the defendant |
A. Was in the habit of repeatedly taking in returning various items without warning. |
|
Larceny from a person differs from robbery in that robbery requires the additional element of |
C. Taking by fear or Force. |
|
_____ is one of to come and definitions of property being "on a person" at the time of a larceny. |
D. " the victim had actual possession of the property on their person when the larceny occurred" |
|
_____ is NOT an example of shoplifting? |
D. Thefts of supplies from one's office |
|
Courts generally hold that the "finder" has obligation to give an item back to the owner if the item |
A. Has substantial value. |
|
A (n) _____ may have substantial value, but it could be difficult to identify the owner. |
C. $20 bill |
|
Your riding is the ____ of a motor vehicle without the consent of the owner. |
D. Taking, using, or operating |