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CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 1 Criminal Law CHAPTER.

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Presentation on theme: "CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 1 Criminal Law CHAPTER."— Presentation transcript:

1 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Criminal Law CHAPTER 4

2 Which of the following functions of law do you least understand? 1.Regulate human interaction 2.Enforce moral beliefs 3.Define the economic environment 4.Support the powerful 5.Promote orderly social change CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

3 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer Survey or opinion question Graph answers for class discussion

4 Which of the following is correct about statutory law? 1.It is written or codified 2.It is enacted by legislature or a governmental body or agency with the authority to make laws 3.The criminal law portion is in the penal code 4.All of the above CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

5 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 4. All of the above

6 It was once a custom that over time is socially accepted as “law”. 1.Statutory law 2.Common law 3.Case law CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

7 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Common law

8 Procedural law are the “rules” of the court and are aimed at the conduct of whom? 1.the criminal justice system 2.society at large 3.the defendant CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

9 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 1.the criminal justice system

10 A settled dispute between individuals or entities such as businesses or government agencies where the outcome revolved around “money” is an example of what kind of law? 1.Administrative 2.Criminal 3.Civil CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

11 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 3.Civil

12 Case law creates predictability in current and future cases since the attorneys can refer to similar issues that have been previously argued and decided. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

13 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 1. Correct

14 A less serious crime punishable by up to a year in jail and a fine and/or probation is a? 1.Felony 2.Misdemeanor 3.Traffic ticket or infraction 4.Treason CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

15 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Misdemeanor

16 Mens Rea refers to the thoughts you had about committing a crime. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

17 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Wrong

18 Strict Liability Laws require the actor to knowingly, purposefully and recklessly commit the crime. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

19 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Wrong

20 The body of the crime or corpus delicti means that a human remains must be found and the suspect in the crime must be responsible. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

21 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct answer 2. Wrong

22 Why do offenders and their attorneys use defenses such as justifications and excuses when they have admitted to committing the act? 1.To get the charges dropped, to reduce the charges, or to lessen the severity of the sentence 2.To embarrass the police, gain media attention, to vilify the victim CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

23 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 1.To get the charges dropped, to reduce the charges, or to lessen the severity of the sentence

24 An alibi should be believed by the jury because it means the accused offender was somewhere else and could not have committed the crime. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

25 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Wrong

26 In defense of self or others the retreat rule applies which means that you may use deadly force if a person is threatening you or others and refuses to retreat. 1.Correct 2.Wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

27 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Wrong

28 The castle exception means you may use what in order to protect one’s home from immediate threat? 1.Reasonable force 2.Deadly force 3.Retreat and then non-lethal force CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

29 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 2. Deadly force

30 The M’Naughten Rule has two components in order to prove insanity: (one) the person did not know what they were doing AND (two)___________________ 1.did not know it was against the law 2.did not care 3.did not know it was wrong CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

31 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer 3.did not know it was wrong

32 Why would you or juries believe defenses even innovative defenses which may include newly purported disorders or syndromes? 1.I may empathize, sympathize or identify with the offender’s situation 2.I watch CSI on TV and expect a higher level of evidence to discount the defendant’s defense 3.I believe the police are unreliable CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ

33 CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ Correct Answer Survey or opinion question Graph answers for class discussion


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