Chapter one conceptual content
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99 Terms
What are the two big questions of criminal law?
What behavior deserves criminal punishment, and what punishment is appropriate for that behavior.
Why does every society use criminal law?
Because societies need a system to punish violations of their most important rules and maintain order.
What are the five categories of social control?
Crime, noncriminal wrong, regulation, license, and lawful behavior.
Why do we classify behaviors into social control categories?
To determine how much government involvement is justified and what type of response is appropriate.
How can the same act be both a crime and a tort?
An act like killing someone can be prosecuted criminally (murder) and sued civilly (wrongful death).
What makes criminal punishment unique?
It combines moral condemnation with hard treatment (deprivation such as prison or fines).
Why must punishment include both condemnation and hard treatment?
Condemnation without punishment is meaningless, and punishment without condemnation is not criminal punishment.
What is the difference between state and federal criminal law?
States handle most traditional crimes; federal law covers national interests, interstate matters, and federal property.
Why is most criminal law state law?
States have broad police power, and most crimes occur within a single state.
When does federal criminal law apply?
When crimes cross state lines, involve federal interests, federal property, federal officials, or specific federal statutes.
What is dual sovereignty?
Both state and federal governments can create and enforce criminal laws, sometimes over the same conduct.
What is the difference between core felonies and police‑power crimes?
Core felonies are ancient, serious crimes; police‑power crimes are modern, numerous, and created to regulate public safety, morals, health, and order.
Why do core felonies matter?
They represent society’s oldest and most universally condemned offenses.
Why do police‑power crimes matter?
They make up most arrests and reflect society’s moral and regulatory priorities.
What is the purpose of classifying crimes?
To determine seriousness, punishment, social meaning, and long‑term consequences.
What is the difference between mala in se and mala prohibita?
Mala in se crimes are inherently wrong; mala prohibita crimes are wrong only because the law prohibits them.
Why do crime labels matter?
Labels affect stigma, sentencing, employment, housing, voting rights, and future opportunities.
What are the main sources of criminal law?
State codes, the Model Penal Code, municipal ordinances, federal criminal law, administrative agencies, and discretionary decisions by police, prosecutors, and judges.
Why is discretionary law‑making important?
Because enforcement choices by police, prosecutors, and judges shape how criminal law works in practice.
What is mass imprisonment?
The large‑scale incarceration of millions of Americans since the 1970s.
Why did mass imprisonment occur?
Due to expanded criminal codes, increased arrests, longer sentences, and a belief that prison is the primary solution to crime.
What are the consequences of mass imprisonment?
Economic harm, community disruption, racial disparities, and long‑term stigma for offenders.
What are the main theories of punishment?
Retribution and prevention (deterrence, incapacitation, rehabilitation).
What does retribution focus on?
Punishing offenders because they morally deserve it, based on past behavior.
What does prevention focus on?
Reducing future crime through deterrence, incapacitation, or rehabilitation.
What does deterrence try to achieve?
Discourage crime by making punishment a threat.
What does incapacitation try to achieve?
Prevent crime by physically restricting offenders.
What does rehabilitation try to achieve?
Change offenders so they no longer want to commit crimes.
What does research say about punishment theories?
Results are mixed; some punishments deter, some don’t; rehabilitation can work but requires resources.
What is the text‑case method?
A teaching approach combining textbook explanation with real case excerpts.
Why does the text‑case method matter?
It shows how courts apply legal rules to real situations and teaches legal reasoning.
What are the parts of a case excerpt?
Facts, issue, rule, reasoning, holding, and judgment.
Why do students brief cases?
To understand how courts think, how rules apply, and how legal decisions are structured.
What is the text‑case method?
A teaching approach combining textbook explanation with real case excerpts.