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ch. 2
SET 2 quiz questions
78
Criminal Justice
Undergraduate 3
03/19/2014
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Term
Expressive conduct
 Definition
type of speech does the First Amendment to the U.S. Constitution protect; not including hate speech, obscenity or speech that threatens public peace & order
Term
The void-for-overbreadth doctrine
 Definition
prohibits a law from criminalizing behavior which is protected by the Constitution and is usually raised to address First Amendment concerns.
Term
the Equal Protection Clause
 Definition
A law which criminalized the sale of beer to males under 18 and females under 21 would violate
Term
whether a person of ordinary intelligence is able to understand what the law means.
 Definition
The test of whether a statute or law is void for vagueness is
Term
strict scrutiny
 Definition
Laws that infringe fundamental rights such as the First Amendment's freedoms of speech and press are subjected to ________ by the courts, which means, in effect, that they are presumed to be unconstitutional.
Term
the freedom of association and assembly
 Definition
In addition to freedom of speech, the First Amendment also protects
Term
is a principal required by the 8th Amendment
 Definition
The principle of proportionality
Term
could sometimes violate the Eighth Amendment's cruel and unusual punishment clause as disproportionate punishment was found in this case & why
 Definition
In Ewing v. California, the court held that claims of very harsh imprisonment, including life imprisonment
Term
this is the right to be let alone by the government
 Definition
The Court has held that the right to privacy
Term
the majority can make anything criminal as long as the Constitution isn't violated.
 Definition
In a constitutional democracy
Term
The constitution limits governments' ability to create law and punish offenders.
 Definition
is a central feature of criminal law in a constitutional democracy
Term
individuals cannot be punished for a crime unless a criminal law exists prohibiting the crime.
 Definition
(according to) The principle of legality (translated form)
Term
promotes human autonomy because it allows people to know and choose to obey the law, prevents government officials from enforcing laws they think should exist but do not exist, allow people to know in advance what behaviors are criminal.
 Definition
(All support) The ban on backdated criminal lawmaking
Term
creating a crime which will take effect upon the passage of the law.
 Definition
An example of a crime which does NOT violate the ex post facto ban is
Term
the government can regulate expressive conduct such as nude dancing (was found in what case?)
 Definition
In Barnes v. Glen Theatre
Term
The right to privacy is not specifically mentioned in the U.S. Constitution.
 Definition
The NOT ONE Amendment to the U.S. Constitution provides the right to privacy.
Term
decided that Heller's Second Amendment rights were violated by the District of Columbia's handgun bans
 Definition
In the 2008 case, District of Columbia v. Heller, the U.S. Supreme Court
Term
To prevent the government from punishing a person for conduct that was lawful when it was performed,The prohibition against bills of attainder, There is no crime without law, no punishment without law.
 Definition
ALL are aspects of the principle of legality
Term
The government must give prior notice of what it considers a crime.
 Definition
not an aspect of the principle of legality
Term
require the involvement of juries in the sentencing phase of a case when the judge wants to impose a sentence greater than the guideline sentence. (was found in what case?)
 Definition
The impact of Apprendi v. New Jersey was to
Term
the trial court did not abuse her discretion in departing from the federal sentencing guidelines. (was found in what case?)
 Definition
In the 2007 case of Gall v. United States the U.S. Supreme Court decided
Term
In reversing the death sentence, the U.S. Supreme Court based its decision on
 Definition
a change in public opinion.
Term
The "evolving standards of decency" analysis espoused by the court in Trop v. Dulles (1958) has been used by the U.S. Supreme Court in deciding
 Definition
whether the death penalty should to certain classes of offenders.
Term
The right to privacy is a implied
 Definition
fundamental right
Term
One of the aspects of the principles of legality is to allow the government to not retroactively
 Definition
punish a person for conduct that was lawful when it was performed but is now criminal.
Term
The test of void-for-vagueness involves both a citizen's ability to understand what is prohibited by the law, and the
 Definition
the restrictions on government's arbitrary application of a vague law.
Term
The imminent danger requirement includes present danger (the constant threat of danger).
 Definition
statements regarding self-defense or defense of others that is CORRECT
Term
In using self-defense or defending others, a person can use
 Definition
the amount of force reasonably believed necessary, including deadly force.
Term
The rule of defense of property and habitation used in most states is that
 Definition
one may use reasonably force, but not deadly force, to defend one's property and one's home. (reasonable)
Term
be found guilty on a lesser included offense
 Definition
(when presented with)An imperfect defense may allow a defendant to
Term
In the case of People v. Goetz, the court had to determine
 Definition
whether New York's law on self defense required objectively reasonable belief that force was necessary
Term
You are defending against deadly force
 Definition
NOT a requirement of self defense
Term
REQUIREMENTS of self defense
 Definition
You are defending against unlawful force, You are defending against an unprovoked attack ,You are defending against an imminent attack
Term
By raising ________ defenses, the defendant admits the responsibility for the act but claims he did the right thing.
 Definition
justification
Term
By raising ________ defenses, the defendant admits what he did was wrong but claims he isn't responsible for what he did.
 Definition
excuse
Term
(type of defense)requires the defendant to put on some evidence supporting a justification or excuse.
 Definition
Affirmative defenses
Term
Necessity means
 Definition
the time for defense is right now.
Term
preventive strikes
 Definition
The general rules or law of self defense allows
Term
retreat if you reasonably believe you are in danger of serious bodily injury. (what rule?)
 Definition
The retreat rule requires that you must
Term
an old common law rule
 Definition
The "retreat to the wall" rule
Term
The gist of the "castle exception" is that
 Definition
you are allowed to protect your home
Term
cohabitants do not have to retreat when faced with unlawful force by another cohabitant.
 Definition
The cases in the text support the proposition that
Term
The defense of others defense
 Definition
allows individuals to use force to protect another when the persons being attacked could have legitimately used force to defend themselves.
Term
The new castle exception laws
 Definition
extend the right to use force beyond the confines of one's home.
Term
The choice of evils defense is similar to self defense and defense of others, defense of habitation in that it involves
 Definition
necessity to prevent some sort of imminent harm
Term
the defendant made the right choice (is key to what defense?)
 Definition
necessity defense
Term
The right to use force in the defense of one's person, family, habitation, lands, or goods is one of
 Definition
natural and unalienable rights
Term
An initial aggressor can only use force in self-defense if they completely withdraw from the attacks
 Definition
they have provoked.
Term
Historically, a person could only use force to defend another person if
 Definition
that person was a family member.
Term
Although the home is a special place, many jurisdictions still do not all the use of xxx in defense of habitation
 Definition
deadly force
Term
In order for consent to be a valid defense
 Definition
the person who consented to the act must have given knowing consent.
Term
As long as the "victim" gave voluntary, knowing, and authorized consent, the defendant will be able to successfully defend by raising the justification of consent
 Definition
depending on the type of behavior he/she engaged in.
Term
The Irresistible Impulse Test
 Definition
is the insanity rule which excuses a person whose mental disease makes it impossible to control their conduct
Term
You are a bank employee and are forced at gunpoint to divert funds into a special account. Failure to cooperate will result in the execution of your family. After complying you are arrested for stealing the funds. Which of the following defenses would your attorney most likely employ?
 Definition
Compulsion or duress
Term
Whether the officer created intent in one who was not predisposed to commit the crime.
 Definition
reflects the test of entrapment
Term
is NOT a required element of the excuse of duress
 Definition
The person must have acted under the great emotional stress of the threat.
Term
Entrapment is OR is not a constitutional defense.
 Definition
NOT
Term
Syndrome defenses are generally
 Definition
difficult to prove
Term
When voluntary intoxication evidence is not permitted as a complete defense to a crime, it may nevertheless be admitted to
 Definition
show a lack of an intention or purposeful mens rea
Term
The excuse of age involves a determination of whether
 Definition
the child is old enough to have the capacity to understand and commit the crime.
Term
a defense used when a defendant's mental state reduces capacity to understand crime.
 Definition
Diminished capacity
Term
Attacking the state's ability to prove that the defendant had the mens rea to commit the crime
 Definition
is a failure of proof argument and does not require the defendant to prove anything.
Term
Insanity is a ________ term
 Definition
legal
Term
Of the defendants who are successful with their insanity plea, most "go free." so the incorrect thought would be
 Definition
few go free
Term
not a defense to duress
 Definition
blackmail; death threats, imminent harm and reasonable belief are.
Term
One common feature found in each of the three primary tests of insanity employed by the states is
 Definition
whether the defendant suffered from a mental disease or defect.
Term
The trend with regard to proving insanity is
 Definition
to require the defendant to bear the burden of producing evidence of insanity which then must be overcome by the state.
Term
Are diminished capacity and diminished responsibility the same thing?
 Definition
NO, they are not the same thing but may be used incorrectly.
Term
In State v. K.R.L. the court held that
 Definition
The state didn't overcome the presumption that K.R.L. was too young to have committed the offense.
Term
an example of a syndrome defense
 Definition
road rage, ptsd, pms symptoms
Term
not an example of a syndrome defense
 Definition
duress
Term
The Model Penal Code approach to insanity is
 Definition
a combination of the M'Naghten test and the irresistible impulse test
Term
Under the Model Penal Code test of insanity, a person is not responsible for criminal conduct if because of a mental disease or defect the person lacks xxx to appreciate the criminality of the act or conform conduct to the requirements of law.
 Definition
the substantial capacity
Term
The xxx of entrapment asks whether the conduct was an unpleasant police method that tempts an ordinarily law-abiding person
 Definition
objective test
Term
Generally the claim of involuntary intoxication is allowed as a defense in most jurisdictions. However, the claim of voluntary intoxication, when allowed,
 Definition
is usually limited to reducing the mens rea element
Term
Generally, the defense of duress cannot be raised if the offense charged is one of .
 Definition
intentional homicide
Term
Although it is often raised in homicide cases, the insanity defense can be
 Definition
raised for other charges as well. See for example, the case of Lorena Bobbit
Term
The right-wrong test is xxx another name for the Model Penal Code test of insanity.
 Definition
NOT
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