Midterm Study Guide

Thursday, October 15th, 2026

What is crime?

what the state/jurisdiction deems as immoral or illegal, definitions change based on the location of where you are at

What is criminal law?

conduct that a portion of society (jurisdiction) says you cannot do

sued by the state or government

What is civil law?

two entities or individuals suing the other, usually over money damages or a specific reief (ie divorce, child custody, etc)

What is tort law>

when you damage someone else (car accident), handled by personal injury lawyers

What is a felony?

more serious crime, punishable by more than one year in prison

What is a misdemenor?

punishment is less than a year in jail, community service, or up to a $1000 monitary fine

What Amendments are important for criminal law?

4th, 5th, 6th, and 8th Amendments

What is the 4th Amendment?

right of the people to be secure in their homes and protected from unreasonable search and seizure unless there is probable cause (ie: the right to privacy)

What is the 5th Amendment?

the right to remain silent

What is the 6th Amendment?

the right to a speedy public trail with an impartial jury of your peers

What is the 8th Amendment?

no cruel or unusual punishment, excessive bail or excessive fines imposed

What are the theories on why we punish?

deterrence, retribution, incapacitation, rehabiliation, and restoration

What is deterrence?

so the person does not commit the crime after seeing the punishment

so the person who committed the crime does not repeat te crime to avoid the

What is retribution?

“an eye for an eye”

What is incapacitation?

taking the person out of society so they cannot commit crime

What is rehabilitation?

reform the criminal for when they return to society

teach the criminal what not to do so they don’t return to prison

What is restoration?

replacement for what was lost, damaged, or stolen

restitution = cash

What is probation?

instead of prison

but mess up on probation and you go to prison

some crimes do not allow probation

What is parole?

occurs after pisone, often when a person is released early

but mess up on parole, you go back to prison

no guarantee you get parole

When is the death penalty available?

cases of homicide or treason

What are determinant sentences?

depending on the type of crime, there is a set amount of time you are serving and it cannot change

What are indeterminate sentences?

a range of time you might serve based on other life factors (age, criminal record, remorseful/understand the consequences, family life)

What is consecutive sentencing?

sentences served after the other

What is concurrent sentencing?

sentences served at the same time

What are the sentencing guidelines for domestic violence?

minimum 2 days in jail, maximum 6 months

maximum $1,000 fine

mandatory domestic violence counseling (you pay the cost)

What are the sentencing guidelines for first offense DUI?

minimum 2 days in jail, maximum 6 months

maximum $1,000 fine

lose your license for 45 days (or strict to/from work)

breath device in your car

mandatory alchol counseling (you pay the cost)

What is a plea bargain?

the condition tht the person pleads guilty or reveals how they committed the crime to lower the sentence or remove the death penalty

used in 99% of sentencing

What is a count plea bargain?

if the person commits multiple crimes, the count is lowered

What is a charge plea bargain?

the charge could be changed to a lower charge

What is a sentence plea bargain?

change how the sentence will be served (amount of time, if it will be consecutive or concurrent), often need approval of the judge