Criminal Behavior Quiz

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CH 1 1. What is the principle of legality? * The principle of legality is the legal ideal that requires all law to be clear, ascertainable and non-retrospective. 2. Define the rule of law. * The rule of law is the maxim that an orderly society must be governed by established principles and known codes (the law) that are applied uniformly and fairly to all of its members. To ensure that uniformity and fairness our system is based on “due process,” which means it is in compliance with a fundamental set of ru 3. Define evidence. * Proof, either written or unwritten, of allegations at issue between parties. 4. Upon which of the three present-day legal systems is that of the United States based? *…show more content…
Self-defense means a person has the right to defend oneself or another from imminent physical ha 7. What are the elements of a crime? * No crime without law * There can be no crime without law. If an act is to be prohibited, a legally authoritative body (such as Congress or a state legislature) must spell out in advance what behavior is banned. The U.S. Constitution forbids ex post facto laws, which declare certain acts to be illegal after the behavior occurs. The Constitution also requires that criminal laws be written in precise terms so that a citizen can determine * No crime without a criminal act * In American criminal justice, the government punishes people for what they do rather than for what they think or say. The First Amendment protects an individual's freedom of thought and speech. The failure to act, however, can be a crime in situations in which an individual has a legal responsibility to do something. Tax laws and child‐neglect laws are two examples. Threatening to act and attempting a criminal act can both be criminal offenses. Similarly, conspiring to commit a crime is illegal. Conspiracy statutes criminalize taking steps to carry out a plan to commit a…show more content…
8. What is the burden for the accused in presenting an affirmative defense? * Once the prosecution has introduced sufficient evidence that, if believed, would permit a finding of guilt beyond a reasonable doubt on every element of the charge, in order to avoid a conviction, the accused may be obliged to respond with evidence that raises or permits a reasonable doubt that he or she is guilty as charged. 76 In most instances, the defense has only to introduce sufficient evidence to raise a reasonable doubt in the minds of the jury. 9. Define competence to stand trial. * In determining a defendant’s competence, a court considers whether a defen-dant can consult with his or her lawyer with a reasonable degree of rationality and whether the defendant has an understanding of the nature of the criminal proceedings and is able to assist in his or her defense. This type of mental difficulty affecting competency is different from legal insanity and a person may be competent but still legally insane. 10. Define

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