Ch.4 CJ

What is the main purpose of laws in society?

To maintain order and regulate behavior among people.

How do laws regulate human interaction?

They establish rules and expectations that guide behavior and resolve disputes.

What moral function do laws serve?

They enforce moral beliefs widely accepted in society.

How do laws define the economic environment?

By setting rules for business, contracts, property, and financial transactions.

How do laws support the powerful?

They often reflect and protect the interests of those in positions of authority or influence.

What is the “rule of law”?

The belief that society must be governed by established, fair, and known legal principles applied equally to all.

What is another term for “rule of law”?

Supremacy of law.

What legal process must always be followed in criminal cases?

Due Process

What is “freedom from private lawlessness”?

Protection from individuals taking justice into their own hands.

What does a “high degree of objectivity” mean in the rule of law?

Laws are applied based on facts and fairness, not personal opinions or bias.

How does the rule of law help people achieve goals?

It provides legal tools and frameworks for resolving disputes and achieving objectives.

What is “jurisprudence”?

The philosophy, science, and study of law—including how and why laws function.

What are the two major types of law?

Criminal law and civil law.

What is statitory law

the “law on the books,” written or codified

law resulting from legislative action

What is penal code

the written form of the criminal law

What is case law

law resulting from judicial decision

What is common law

law originating from usage and custom

rather than from written statutes

What distinguishes criminal law from civil law?

Criminal law punishes offenses against society; civil law governs relationships between individuals and entities.

What is the purpose of criminal law?

To define and punish acts considered harmful to the state or public.

What is another name for criminal law?

Penal Law

What are the two main sources of criminal law?

Statutory law (written) and case law (court decisions).

What is substantive criminal law?

It defines crimes and specifies punishments.

What is procedural law?

It outlines the steps for enforcing substantive law (e.g., arrests, trials, sentencing).

What does procedural law aim to balance?

The rights of suspects vs. the state’s interest in efficient justice.

Give an example of substantive law.

Laws defining murder or theft.

Give an example of procedural law.

The rules for obtaining a search warrant.

What does civil law govern?

Relationships between people, organizations, and government agencies.

What is the goal of civil law?

Compensation or resolution, not punishment.

What is a tort?

A wrongful act or injury not involving a breach of contract; a personal wrong, not a crime.

What type of punishment might result from civil law violations?

Typically monetary damages or injunctions, not imprisonment.

What is administrative law?

The body of regulations that governments create to control activities of industries, businesses, and individuals.

What are examples of administrative laws?

Tax laws, health codes, vehicle registration laws, building codes, environmental regulations.

What is case law?

The law established by judicial decisions rather than by legislation — also known as the law of precedent.

What is a legal precedent?

A prior judicial decision that guides future cases with similar issues or facts.

What does stare decisis mean?

“To stand by decided matters” — courts must follow established precedent in future similar cases.

A judge uses a previous Supreme Court ruling to decide a current case — this reflects what legal principle?

Stare decisis.

What is a misdemeanor?

A less serious crime punishable by up to one year in jail.

What is a felony?

A serious criminal offense punishable by death or by imprisonment for at least one year.

What is an infraction?

A minor violation of a law or ordinance, usually punished by a fine or short-term penalty.

What is treason?

When a U.S. citizen helps a foreign government overthrow, make war against, or seriously injure the United States.

What is espionage?

The act of gathering, transmitting, or losing information related to national defense in a way that could aid enemies of the U.S.

What is the key difference between treason and espionage?

Treason can only be committed by U.S. citizens, while espionage can be committed by non-citizens.

What is an inchoate offense?

A crime that is incomplete or only partially carried out; a step toward committing another crime.

What types of crimes are considered inchoate offenses?

Attempts, conspiracies, and solicitations to commit a crime.

What is the key feature of inchoate offenses?

The intent and action toward a crime, even if the main crime is not completed.

Give an example of an inchoate crime.

Planning a bank robbery with others but being arrested before it happens.

What three essential elements make up all crimes?

Actus reus (the act), mens rea (the mind), and concurrence (the link between them).

hat does “actus reus” mean?

The physical act or unlawful omission that constitutes a crime — the “guilty act.”

What does “mens rea” mean?

The mental state or intent of the offender at the time of the crime — the “guilty mind.”

What is “concurrence” in criminal law?

The coexistence of actus reus and mens rea — the intent and act must occur together.

What are the four main levels of mens rea?

Purposeful, knowing, reckless, and negligent.

What is “transferred intent”?

When a person intends to harm one victim but accidentally harms another — intent still applies.

What is knowing behavior?

When a person acts with awareness that their conduct is almost certain to cause a result.

What is reckless behavior?

Conduct that increases the risk of harm without certainty — showing disregard for potential danger.

What is criminal negligence?

Failing to perceive substantial and unjustifiable risks that a reasonable person would have recognized.

What distinguishes recklessness from negligence?

Recklessness involves awareness of risk; negligence involves a lack of awareness that should have been present.

Is motive the same as mens rea?

No — mens rea is intent, while motive is why the person committed the crime.

Give an example of motive.

Robbing a store to pay off debts — the motive is financial desperation.

What is concurrence in criminal law?

It requires that the act (actus reus) and mental state (mens rea) occur together for a crime to take place.

A person accidentally causes harm and only later decides they wanted the victim dead — does concurrence exist?

No — the intent and act didn’t occur together.

What is causation in crime?

The link between the defendant’s act and the harm that occurred — the act and intent together must cause harm.

What is legal cause?

The cause directly responsible for the harm and sufficient for criminal liability — different from other unrelated causes.

Does every crime involve harm?

Yes, harm occurs in all crimes — but not all harms are crimes.

What are victimless crimes?

Crimes where perpetrators claim no one is harmed except themselves (e.g., drug use, gambling, prostitution).

What does the principle of legality state?

Behavior cannot be criminal unless a law defines it as such.

What are ex post facto laws?

Laws that make actions illegal after they occurred — they are unconstitutional and not binding.

What must exist for an act to be considered a crime?

A law that specifies a punishment for that act.

What are necessary attendant circumstances?

The specific facts or conditions surrounding a crime that must exist for conviction.

How can attendant circumstances be classified?

As aggravating (make the crime worse) or mitigating (lessen severity).

What are the elements of a crime?

The specific legal aspects that must be proven beyond a reasonable doubt to convict.

What does corpus delicti mean?

“The body of the crime” — proof that a specific crime has actually occurred.

What two elements make up corpus delicti?

(1) A certain result has been produced, and (2) someone is criminally responsible for producing it.

Give an example of proving corpus delicti.

Showing that a house burned down because of arson, not an accident, before trying anyone for the offense.

What is a defense in criminal law?

Evidence or argument presented by the defendant to show why they should not be held criminally liable.

What are the four main categories of defenses?

Alibi, justification, excuse, and procedural defenses.

Which type of defense claims the defendant is truly innocent?

Alibi

Which type admits the act but argues it was morally or legally necessary?

Justification

Which type admits the act but argues lack of responsibility (e.g., insanity)?

Excuse.

Which type argues that legal processes were violated?

A: Procedural defenses.

What is the “castle exception”?

There is no duty to retreat from one’s own home before using deadly force to defend it.

Is insanity a medical or legal concept?

Legal — it refers to a person’s mental state at the time of a crime in terms of criminal responsibility, not a medical diagnosis.

What does the M’Naghten Rule test for?

Whether the defendant knew what they were doing or knew it was wrong.

What does the Irresistible Impulse Test focus on?

Whether the defendant could control their behavior even if they knew it was wrong.

What does the Durham Rule state?

A person is not criminally responsible if their actions were caused by mental disease or defect.

: What is the Substantial Capacity Test?

The defendant lacked the capacity to understand the wrongfulness of their act or conform to the law.

What famous case led to public backlash over the insanity defense?

John Hinckley Jr. (attempted assassination of President Reagan).

What are two main difficulties with the insanity defense?

1. Psychiatric testimony is expensive and conflicting.

2. The public often views “not guilty due to insanity” as unjust.

What does a GBMI verdict mean?

The defendant is guilty but was mentally ill; still morally responsible.

How is GBMI different from “not guilty by reason of insanity”?

GBMI means the person is still punished (guilty) but receives mental health treatment.

What can a judge do under a GBMI verdict?

Impose any legal sentence and order psychiatric treatment.

What law redefined insanity under federal law?

Insanity Defense Reform Act of 1984.

What do procedural defenses claim?

That the defendant was discriminated against or that official legal procedures were not properly followed.

Are procedural defenses about guilt or fairness of process?

Fairness

What does double jeopardy prohibit?

Being tried for the same crime twice

When does double jeopardy not apply?

• In cases of trial error (e.g., hung jury).

• In civil vs. criminal trials for the same act.

• Under the dual sovereignty doctrine (different governments can prosecute separately, like state and federal).