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level: Level 1

Questions and Answers List

level questions: Level 1

judicial legislative and executivebranches of government
the branch of the United States government responsible for the administration of justice, interprets lawsjudicial branch
enact lawslegislative branch
the branch of the United States government that is responsible for carrying out the lawsexecutive branch
division of power between national and state govfederalism
identify prohibited conduct, prevent crime, protect society from dangerous peoplepurpose of criminal laws
punishable by criminal sanctionoffenses
indited in county, all 3rd and 4th department casesfelony
2nd departments, district courtsnon felonies
laws made after the fact cannot be retroactively appliedconstitutional limitations
laws must be clear and precisevoid vagueness
attempt to regulate conduct that interferes with individuals freedomover broad doctrine
a law that would punish a status without an actstatues crimes
14th amendment, must treat all people alikeequal protection clause
oldest source of criminal law, judge made law based on customs and morals of peoplecommon law
power to create and enforce laws, federal gov has power to create laws under the constitutionjurisdiction
commerce clause, beyond jurisdiction of state, crimes that interfere with federal govfederal jurisdiction
guilty act is the commission of criminal conductactus reus
culpable mental state, guilty mindmens rea
person acts knowingly, when he/she is aware that their conduct is of such natureknowingly
with intention; in an intentional manner, when his or her conscience objective Is to cause such result to engage in conductintentionally
protects human rights, right to privacy, maintain public health orderwhy do we have criminal law
review of trial case and judges decisionappellate court
judge determines your sentencedeath penalties
yesdoes everyone have a right to appeal
2nd departmentwhat department is Suffolk in
hears cases of national importance and constitutional issuesus Supreme Court
public law, criminal court, wrong against society where the public has an Interest and the conduct is declared unnacceptablecriminal law
tort/civil wrong, civil court, private wrong against individualcivil law
power given to each state to make lawspolice power
infractions, violations offense not crimeviolations and traffic
less serious, punishable less than one yearmisdemeanor
murder, kidnapping 1st degreeA felony
rape, arson, kidnapping 2nd degree, robberyB felony
15 years or lessC felony
7 years or lessD felony
4 years or lessE felony
nonviolent crime 3-9 yearsindeterminate range
laws made after the fact cannot be retroactively applied (applies to criminal law not civil) (post facto clause)constitutional limitations
most criminal, to charge a person with a crime the state or federal government must have jurisdictionstate jurisdiction