Master this deck with 83 terms through effective study methods.
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The study of moral phenomena and what people ought to do.
How should one live? What is morally right or wrong? What gives life meaning?
The branch of ethics that seeks general principles for how people should act and provides standards for right and wrong.
Real-world moral issues such as abortion, animal rights, and business ethics.
The study of the nature of morality itself, including whether moral facts are objective.
The description of moral beliefs and codes in different societies, studied in anthropology, sociology, and history.
A normative theory where the right action produces the best consequences, focusing on outcomes.
The most famous form of consequentialism, which advocates for the greatest happiness for the greatest number.
Jeremy Bentham and John Stuart Mill.
A normative theory that focuses on following moral duties or rules, regardless of the consequences.
A form of deontology where morality is based on reason and universal laws, encapsulated in the categorical imperative.
Character traits (virtues) and practical wisdom, originated with Aristotle.
The ethical theory that morality is based on God's commands.
The ethical theory that morality is based on social agreement or consent.
The theory that moral norms are justified through rational public discussion.
The belief that people ought to act in their own self-interest.
The study of intrinsic vs. instrumental value.
The study of moral reasoning and character formation.
Guidelines that shape moral life in Islam.
A principle that allows social and economic inequalities only if they benefit the least advantaged members of society.
A political philosophy advocating for a minimal state and prioritizing liberty over equality.
Justice must consider community values shaping identity, prioritizing community well-being over individual liberty.
The application of the difference principle globally, proposing a Global Resources Tax for resource redistribution.
An extension of Rawls' theory focusing on guaranteeing central human capabilities and women's equality.
A view that punishment must promote social good but is constrained by a retributive principle.
The idea that punishment should be proportionate to the moral gravity of the offense.
Retributive justice (murderers deserve death) and utilitarian arguments (deterrence and incapacitation).
It is seen as calculated murder, risks wrongful execution, and may not effectively deter crime.
American criminal law is described as 'English in heritage and judicial in its origin'.
King Hammurabi introduced the term with his lex talionis (punishment by relation).
The two major legal systems are common law and civil law systems.
Common law is primarily used in England and North America.
Civil law is also known as Roman law.
Common law develops from the customs of the people.
Stare decisis is the common law practice of following other court decisions.
Actus reus is an act or failure to act.
Mens rea refers to the state of mind or intent of the individual committing the crime.
The prevailing insanity rule is known as the M'Naghten rule.
Mala in se crimes are acts that are not only crimes but also typically morally wrong.
Mala prohibita crimes are acts that are only criminally wrong.
Substantive criminal law creates and defines crimes and specifies punishments.
Procedural criminal law establishes the rules by which the accused is brought to trial.
Felonies are serious crimes often punishable by prison or death, while misdemeanors are less serious, punishable by fines or minor jail time.
The moral penal code was drafted by the American Law Institute to reflect general criminal law in the United States.
The main function of criminal law is to punish wrongdoers.
Rehabilitation focuses on reducing or eliminating the offender's propensity to commit crimes.
General deterrence aims to prevent others from committing crimes, while specific deterrence aims to prevent the individual from reoffending.
The 10th Amendment reserves powers not delegated to the federal government to the states, allowing them to enact and enforce criminal statutes.
Case law interprets and clarifies statutory law and can establish precedents for future cases.
Categories of norms include mores, customs, and folkways.
Mores are behaviors that arouse intense feelings and are subject to extreme consequences.
Customs are behaviors that do not arouse intense feelings, and their violation results in less severe actions.
Folkways are behaviors that, when violated, carry the least intense feelings.
Societal rules or norms are used by society to determine what is normal and acceptable, influencing criminal law.
Crimes are prosecuted by the state, while torts are private wrongs that violate private interests.
Codification makes criminal laws more accessible and allows for democratic amendments.
It includes publicly sanctioned infliction of pain and implies moral condemnation on offenders.
Punishment is intrinsically connected to the concept of justice, which is interwoven with moral theory.
Value dilemmas involve sacrificing one important value for a greater value, such as in cases of self-defense.
1. State sanctioned infliction of pain on individuals, and 2. Social, moral condemnation.
The Supreme Court reviews state actions that interfere with perceived constitutional rights, balancing individual interests against state interests.
The default level of review where legislation must be rationally related to a legitimate state interest.
A higher level of review for 'quasi-suspect' classes, requiring legislation to be substantially related to an important government interest.
The highest level of judicial review applied to cases involving fundamental rights or suspect classes, requiring the law to serve a compelling state interest.
Crime is viewed as a public wrong, and punishments are publicly sanctioned.
Temporal law is human-made, while eternal law is divine and reflects true legal obligations.
1. Do not harm others, and 2. Help others when possible.
Justice connected to the common good, promoting human flourishing.
A theory proposing that individuals consent to form a society and government to protect their rights.
The freedom to do what you choose, as long as it does not interfere with others' rights.
Justice aims at producing the greatest overall happiness and justifies interference only for self-protection.
The principle of 'an eye for an eye,' suggesting that punishment should be proportionate to the offense.
1. Report of suspected activity, 2. Detention by government agents, 3. Filing a complaint, 4. Assessment of allegations, 5. Criminal trial process.
It generally includes the burden of production and the burden of persuasion.
1. Beyond a Reasonable Doubt, 2. Clear and Convincing Evidence, 3. Preponderance of the Evidence, 4. Probable Cause.
1. Error in trial procedure, 2. Ineffective assistance of counsel, 3. Evidentiary issues, 4. Constitutional issues.
Trial courts handle the initial case, while appellate courts review decisions made by trial courts.
A verdict is the decision made by a jury, while an opinion is a formal statement by a judge explaining the court's reasoning.
Plato questioned what justice is and whether it should shape social arrangements, focusing on justice as a well-ordered society.
Aristotle defined two types of justice: distributive and corrective, emphasizing justice connected to the common good.
A combination of utilitarian justification for the system and retributivist principles for the distribution of punishment.
It could justify morally wrongful acts, question effectiveness, and lead to unjust punishments.
They investigate suspected criminal activity, detain individuals, and file complaints on behalf of the government.