criminal law exam 1

What does the First Amendment protect?

Freedom of speech, religion, press, assembly, and petition.

What is the term for the type of law that regulates the determination of guilt and punishment after a person has been found guilty?

Procedural law.

Which crime carries a maximum punishment of not more than 7 years?

A third-degree felony (F3).

Which crime carries a maximum punishment of not more than 5 years?

A first-degree misdemeanor (M1).

What was the first and earliest source of criminal laws?

Common law.

Does the federal government have unlimited authority to pass criminal statutes under the Commerce Clause whose constitutionality cannot be challenged?

No. Congress's Commerce Clause power is limited and laws can be challenged as unconstitutional.

Under Lopez, how must an activity affect interstate commerce to fall within Congress's Commerce Clause power?

It must substantially affect interstate commerce or otherwise fall within Congress's constitutional Commerce Clause authority.

What term describes a law that is facially valid but enforced in a way that impermissibly restricts or punishes a constitutional right?

As-applied unconstitutional enforcement/application.

What is a false statement of fact to third parties that injures someone's reputation?

Defamation.

“No billboards on Route 202” is an example of what type of regulation?

Content-neutral regulation.

What is the highest level of scrutiny used by courts when determining the validity of a law under the First Amendment?

Strict scrutiny.

What is a law that changes a crime to make it more serious after the crime was committed?

An ex post facto law.

The three-prong test under Miller is used for what type of speech?

Obscenity.

What is a law said to be when it regulates conduct so broadly that it interferes with fundamental rights and might punish protected conduct?

Overbroad

What prohibits certain forms of conduct by defining crimes and establishing parameters of penalties?

Substantive criminal law.

In criminal law, what does motive refer to?

The reason or purpose for committing a crime.

In Pennsylvania, a criminal trial is generally held in front of which court?

The Court of Common Pleas

What is the term for when the law increases the severity of a crime after the crime was committed?

Ex post facto law.

Are content-based laws always unconstitutional?

No. They are subject to strict scrutiny but are not automatically unconstitutional.

If a person is convicted of a crime, would double jeopardy occur if they were also sued in civil court for the same criminal episode?

No. A criminal prosecution and a civil lawsuit are separate proceedings.

What is the maximum number of justices who serve on the Pennsylvania Supreme Court?

7 justices.

What are the 13 federal appellate courts known as?

United States Courts of Appeals.

Protesting is protected under which Amendment?

The First Amendment.

What is a retroactive law that punishes people without first allowing notice that their actions were illegal and punishable?

An ex post facto law

What term explains courts' authority to invalidate laws and find them unconstitutional?

Judicial review.

What law regulates the enforcement of substantive laws?

Procedural law.

What is mens rea best defined as?

The guilty mind or required mental state for a crime.

Do all crimes have to have a mens rea?

No. Some offenses do not require a traditional mens rea requirement.

What term describes the common law doctrine of following precedent?

Stare decisis.

What doctrine invalidates laws as written when it is unreasonably difficult to know whether conduct is prohibited and people of common intelligence must guess at the statute's meaning?

The vagueness doctrine.

What concept means a person cannot be guilty of a crime unless they committed a specific offense against a law that provides a penalty?

The principle of legality.

“No Republican candidates can use billboards on Route 202” is an example of what kind of regulation?

A content-based/viewpoint-based regulation.

What is actus reus best defined as?

The guilty act or physical act required for a crime.

What is a defense to a defamation lawsuit?

Truth.

What is another defense to a defamation lawsuit?

Truth is a major defense because a true statement generally is not defamatory.

Laws that encroach on constitutionally protected liberty or exceed the constitutional powers of government are known as what?

Unconstitutional laws.

Is thinking of committing a crime without performing a criminal act a crime?

Generally, no. Thoughts alone are not enough to establish a crime.

To obtain a conviction, the prosecution has the burden of proving the crime beyond what?

Beyond a reasonable doubt.

A law barring Communist members from holding positions as officers of a labor union would be an example of what doctrine?

The bill of attainder doctrine.

Murder, robbery, and rape are categorized by what term?

Felonies.

Is hate speech protected under the First Amendment?

Generally yes, unless it falls into an unprotected category such as a true threat or incitement.

A state law violates what clause if it was adopted after the complaining party committed the criminal acts and inflicts a greater punishment than the law attached to the crime when committed?

The Ex Post Facto Clause.

In Wickard v. Filburn, under what constitutional provision did the Supreme Court uphold the Agriculture Act of 1938?

The Commerce Clause.

A statute making possession of heroin a crime would most likely be classified as what type of law?

Substantive criminal law.

The sole power to classify crimes belongs to which branch of government?

The legislative branch.

What is a legislative act inflicting punishment on an individual or a group of easily identifiable individuals?

A bill of attainder.

Can failure to act constitute the legal requirement for actus reus?

Yes, when the person has a legal duty to act.

What did the Supreme Court hold in United States v. Lopez?

The Court held that Congress's Commerce Clause power has limits and that not every activity can be regulated simply because it has some connection to interstate commerce.

Can Congress regulate any commerce even if it is solely intrastate and has a minimal effect on interstate commerce?

No. Congress's Commerce Clause power is not unlimited.

Which types of speech are not protected under the First Amendment?

Examples include obscenity, true threats, and incitement to imminent lawless action.

A law stating “no person shall possess a destructive device” could be challenged under which doctrine?

The vagueness doctrine, if “destructive device” is not defined clearly enough to give people adequate notice of what is prohibited.

Federalism

The division of governmental authority between the federal government and state governments.

Supremacy Clause

Establishes that the U.S. Constitution and valid federal laws take priority over conflicting state law.

Three branches of the federal government

Legislative, Executive, and Judicial.

Legislative Branch

Congress; makes laws.

Executive Branch

President; enforces laws.

Judicial Branch Federal courts

interpret and apply laws.

Highest court in the United States

U.S. Supreme Court.

U.S. Courts of Appeals

Federal appellate courts that review decisions of lower federal courts.

How many federal circuits

13

U.S. District Courts

Federal trial courts.

District Court =

Trial court.

Court of Appeals

Appellate court.

Highest Pennsylvania court

Pennsylvania Supreme Court.

Pennsylvania Superior Court

An intermediate appellate court in Pennsylvania.

Pennsylvania Commonwealth Court

An intermediate appellate court handling certain government and public-law matters.

Pennsylvania Magisterial District Courts

Lower-level courts handling minor matters and preliminary proceedings.

2nd-Degree Felony Maximum

Not more than 10 years imprisonment.

2nd-Degree Misdemeanor Maximum

Not more than 2 years imprisonment

3rd-Degree Misdemeanor Maximum

Not more than 1 year imprisonment.

summary Offense Maximum

Not more than 90 days imprisonment.

Strict Liability

An offense where the prosecution does not have to prove the usual criminal intent for specified elements.

14th Amendment

Due Process States cannot deprive a person of life, liberty, or property without due process of law.

What three interests are protected by the Due Process Clause?

Life, liberty, and property.

Examples of due-process

protections Notice, an opportunity to be heard, and fair procedures.

Presumption of Innocence

A criminal defendant is presumed innocent unless the prosecution proves guilt.

Who has the burden of proving guilt in a criminal case?

The prosecution.

Does a criminal defendant have to prove innocence?

No.

Commonwealth v. Dennison

Pennsylvania case involving attempted homicide of the defendant's wife and prosecution disclosure issues.

Who brought the charges in Commonwealth v. Dennison?

The Commonwealth of Pennsylvania.

Who was the defendant in Commonwealth v. Dennison?

Terry Dennison.

What offense was involved in Dennison?

Criminal attempt relating to homicide of his wife.

What happened at Dennison's trial?

A jury convicted him.

What did Dennison do after conviction?

He appealed.

Which Pennsylvania appellate court was involved in Dennison?

Pennsylvania Superior Court.

Major issue in Dennison

The prosecution failed to properly disclose information/evidence relating to a prosecution witness.

Brady v. Maryland

Case establishing the prosecution's constitutional duty to disclose material evidence favorable to the accused.

Brady Material

Material evidence favorable to the accused that the prosecution has a constitutional obligation to disclose.

Where is the Commerce Clause located?

Article I, Section 8 of the U.S. Constitution.

Which branch exercises Commerce Clause power?

Congress.

gibbons v. Ogden (1824)

Early Supreme Court case interpreting Congress's interstate-commerce power.

Wickard v. Filburn (1942)

Commerce Clause case involving wheat and the aggregate effect of economic activity on interstate commerce.

What product was involved in Wickard v. Filburn?

Wheat.

What was Filburn?

A farmer.

Aggregation Principle

The combined effect of many similar individual economic activities can be considered when determining their effect on interstate commerce.

Which case is associated with the aggregation principle?

Wickard v. Filburn.

What law was challenged in U.S. v. Lopez?

Gun-Free School Zones Act.

What conduct was involved in Lopez?

Possession of a firearm in a school zone.

Bill of Attainder

A legislative act imposing punishment on an identified person or group without a judicial trial.

Three major levels of constitutional scrutiny

Rational basis, intermediate scrutiny, and strict scrutiny.