Unit 1 Criminal Law- Chapter 1 Study Guide

misdemeanor

A ________ is a crime punishable by a fine or a period of incarceration of less than 12 months.

felony

A ________ is a crime punishable by death or confinement in prison for more than 12 months.

False- possible not actual

A crime is defined as a felony or misdemeanor based on actual, not possible, punishment.

two

An adversarial justice system pits ________ parties against each other in pursuit of the truth.

False- there are several features that differ between the two

An adversarial system of justice and an inquisitional system of justice are indistinguishable from each other.

law

Criminal ________ is the bedrock of the American criminal justice system.

False- individuals and society-offenses against society, not individuals

Criminal law treats crimes as offenses against individuals, not society.

False- most serious felonies, not misdemeanors

Death is a criminal sentence reserved for the most serious misdemeanors.

state

Having a formal system of criminal laws helps ensure that the ________ seeks justice, rather than private individuals.

94 district courts, 13 circuit courts, one supreme court

How many federal district courts are in the United States (including territories)?

criminal

If a state government brings charges against an individual for burglary, this is a ________ case.

true

If the Supreme Court agrees to hear a case, it issues a writ of certiorari.

remand

In the appeals process, what occurs when an appellate court sends a case back to the lower court for further action consistent with its decisions?

proof

In the criminal law context, the burden of ________ falls on the prosecutor to establish the defendant's guilt beyond a reasonable doubt.

False- are not required in misdemeanors cases where the punishment does not exceed 6 months confinement

Jury trials are required in all misdemeanor cases.

true

Most published court decisions hail from the appellate courts.

False- both community and offender protection

Our system of criminal law is built on community protection but not offender protection.

95

Proof beyond a reasonable doubt is akin to ________ percent certainty that the defendant is guilty

False- incapacitation

Rehabilitation is the act of removing an individual from society so he or she can no longer offend.

ten

The Bill of Rights consists of the first ________ amendments to the U.S. Constitution.

penal

The Modern ________ Code is a set of criminal laws adopted by the American Law Institute for states to emulate as they see fit.

sixth

The ________ Amendment states, in part, that the "accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state."

after

The appellate stage of the criminal process occurs ________ adjudication.

False- the burden of proof in a civil case is lower

The burden of proof in a civil case is higher than the burden of proof in a criminal case.

federal

The general trial courts in the federal court system are referred to as ________ courts.

defendant

The individual charged with committing the crime is the ________.

voir dire

The process of examining potential jurors for bias is known as ________.

true

There are nine justices on the United States Supreme Court when at full capacity.

retribution

This theory of punishment rests on the foundations of vindictive justice and believes that offenders should be made to suffer for their crimes.

False- judges serve triers of law, jury serves as trier of fact not law

A jury can serve as triers of law and fact.

dissent

A minority opinion that disagrees with the majority opinion in an appellate case is known as a(n) ________.

true

A misdemeanor is a crime punishable by a fine or a period of incarceration less than 12 months.

cooperative

A system of federalism in which the lines between federal and state power are blurred is known as ________ federalism.

true

Federalism gives the states power to make their own laws.

Malum en se

What is an act that is wrong or evil in itself?

Supreme court

What is the highest court in the federal system?

Dual court system

What type of court system is used in the United States?

direct

What type of evidence proves a fact without the need of the jury to infer anything from it?

Common law

What type of law developed in England by judges who wrote down their decisions and circulated them to other judges?

Appellate

Which is the party that appeals?

Offender and community protection, punishment, and incapacitation

Which of the following is a goal of criminal law?

tort

Which of the following is a private wrong or injury, where the victim can initiate a civil lawsuit to compensate for their injuries?

Specific deterrence

Which of the following is the act of removing an individual from society so he or she can no longer offend?

Courts of limited jurisdiction

Which type of court oversees alleged traffic court violations in a state system?

true

Without the criminal law, there would be no crimes, no criminals, and perhaps no means of controlling undesirable behavior.

material

________ evidence is evidence that is relevant and goes to substantial matters in dispute, or has legitimate influence or bearing on the decision of the case.

criminal law

________ specifies what kinds of behavior are illegal, what punishments are available for dealing with offenders, and what defenses can be invoked by individuals who find themselves on the wrong side of the law.