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level: Level 1

Questions and Answers List

level questions: Level 1

Question	Answer
judicial legislative and executive	branches of government
the branch of the United States government responsible for the administration of justice, interprets laws	judicial branch
enact laws	legislative branch
the branch of the United States government that is responsible for carrying out the laws	executive branch
division of power between national and state gov	federalism
identify prohibited conduct, prevent crime, protect society from dangerous people	purpose of criminal laws
punishable by criminal sanction	offenses
indited in county, all 3rd and 4th department cases	felony
2nd departments, district courts	non felonies
laws made after the fact cannot be retroactively applied	constitutional limitations
laws must be clear and precise	void vagueness
attempt to regulate conduct that interferes with individuals freedom	over broad doctrine
a law that would punish a status without an act	statues crimes
14th amendment, must treat all people alike	equal protection clause
oldest source of criminal law, judge made law based on customs and morals of people	common law
power to create and enforce laws, federal gov has power to create laws under the constitution	jurisdiction
commerce clause, beyond jurisdiction of state, crimes that interfere with federal gov	federal jurisdiction
guilty act is the commission of criminal conduct	actus reus
culpable mental state, guilty mind	mens rea
person acts knowingly, when he/she is aware that their conduct is of such nature	knowingly
with intention; in an intentional manner, when his or her conscience objective Is to cause such result to engage in conduct	intentionally
protects human rights, right to privacy, maintain public health order	why do we have criminal law
review of trial case and judges decision	appellate court
judge determines your sentence	death penalties
yes	does everyone have a right to appeal
2nd department	what department is Suffolk in
hears cases of national importance and constitutional issues	us Supreme Court
public law, criminal court, wrong against society where the public has an Interest and the conduct is declared unnacceptable	criminal law
tort/civil wrong, civil court, private wrong against individual	civil law
power given to each state to make laws	police power
infractions, violations offense not crime	violations and traffic
less serious, punishable less than one year	misdemeanor
murder, kidnapping 1st degree	A felony
rape, arson, kidnapping 2nd degree, robbery	B felony
15 years or less	C felony
7 years or less	D felony
4 years or less	E felony
nonviolent crime 3-9 years	indeterminate 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 jurisdiction	state jurisdiction