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    Master this deck with 83 terms through effective study methods.

    Imported from Quizlet

    Created by @addisonhill

    What is ethics?

    The study of moral phenomena and what people ought to do.

    What are the central questions of ethics?

    How should one live? What is morally right or wrong? What gives life meaning?

    What is normative ethics?

    The branch of ethics that seeks general principles for how people should act and provides standards for right and wrong.

    What does applied ethics examine?

    Real-world moral issues such as abortion, animal rights, and business ethics.

    What is metaethics?

    The study of the nature of morality itself, including whether moral facts are objective.

    What is descriptive ethics?

    The description of moral beliefs and codes in different societies, studied in anthropology, sociology, and history.

    What is consequentialism?

    A normative theory where the right action produces the best consequences, focusing on outcomes.

    What is utilitarianism?

    The most famous form of consequentialism, which advocates for the greatest happiness for the greatest number.

    Who are the founders of utilitarianism?

    Jeremy Bentham and John Stuart Mill.

    What is deontology?

    A normative theory that focuses on following moral duties or rules, regardless of the consequences.

    What is Kantian ethics?

    A form of deontology where morality is based on reason and universal laws, encapsulated in the categorical imperative.

    What does virtue ethics emphasize?

    Character traits (virtues) and practical wisdom, originated with Aristotle.

    What is divine command theory?

    The ethical theory that morality is based on God's commands.

    What is contractualism?

    The ethical theory that morality is based on social agreement or consent.

    What is discourse ethics?

    The theory that moral norms are justified through rational public discussion.

    What is ethical egoism?

    The belief that people ought to act in their own self-interest.

    What is value theory?

    The study of intrinsic vs. instrumental value.

    What is moral psychology?

    The study of moral reasoning and character formation.

    What are the Five Pillars of Islam?

    Guidelines that shape moral life in Islam.

    What is the difference principle in Rawls' theory?

    A principle that allows social and economic inequalities only if they benefit the least advantaged members of society.

    What is libertarianism according to Robert Nozick?

    A political philosophy advocating for a minimal state and prioritizing liberty over equality.

    What does Michael Sandel argue in communitarianism?

    Justice must consider community values shaping identity, prioritizing community well-being over individual liberty.

    What is global justice according to Thomas Pogge?

    The application of the difference principle globally, proposing a Global Resources Tax for resource redistribution.

    What is the feminist capabilities approach by Martha Nussbaum?

    An extension of Rawls' theory focusing on guaranteeing central human capabilities and women's equality.

    What is Hart's compromise theory of punishment?

    A view that punishment must promote social good but is constrained by a retributive principle.

    What is the principle of proportionality in punishment?

    The idea that punishment should be proportionate to the moral gravity of the offense.

    What are arguments in favor of capital punishment?

    Retributive justice (murderers deserve death) and utilitarian arguments (deterrence and incapacitation).

    What are arguments against capital punishment?

    It is seen as calculated murder, risks wrongful execution, and may not effectively deter crime.

    What is the heritage of American criminal law?

    American criminal law is described as 'English in heritage and judicial in its origin'.

    Who introduced the concept of 'an eye for an eye'?

    King Hammurabi introduced the term with his lex talionis (punishment by relation).

    What are the two major legal systems?

    The two major legal systems are common law and civil law systems.

    Where is common law primarily used?

    Common law is primarily used in England and North America.

    What is civil law also known as?

    Civil law is also known as Roman law.

    What does common law develop from?

    Common law develops from the customs of the people.

    What is the principle of stare decisis?

    Stare decisis is the common law practice of following other court decisions.

    What is actus reus?

    Actus reus is an act or failure to act.

    What is mens rea?

    Mens rea refers to the state of mind or intent of the individual committing the crime.

    What is the prevailing insanity rule?

    The prevailing insanity rule is known as the M'Naghten rule.

    What are mala in se crimes?

    Mala in se crimes are acts that are not only crimes but also typically morally wrong.

    What are mala prohibita crimes?

    Mala prohibita crimes are acts that are only criminally wrong.

    What is substantive criminal law?

    Substantive criminal law creates and defines crimes and specifies punishments.

    What is procedural criminal law?

    Procedural criminal law establishes the rules by which the accused is brought to trial.

    What distinguishes felonies from misdemeanors?

    Felonies are serious crimes often punishable by prison or death, while misdemeanors are less serious, punishable by fines or minor jail time.

    What is the moral penal code?

    The moral penal code was drafted by the American Law Institute to reflect general criminal law in the United States.

    What is the purpose of punishment in criminal law?

    The main function of criminal law is to punish wrongdoers.

    What is rehabilitation in the context of punishment?

    Rehabilitation focuses on reducing or eliminating the offender's propensity to commit crimes.

    What is the difference between general and specific deterrence?

    General deterrence aims to prevent others from committing crimes, while specific deterrence aims to prevent the individual from reoffending.

    What is the significance of the 10th Amendment in criminal law?

    The 10th Amendment reserves powers not delegated to the federal government to the states, allowing them to enact and enforce criminal statutes.

    What role does case law play in the legal system?

    Case law interprets and clarifies statutory law and can establish precedents for future cases.

    What are the categories of norms in society?

    Categories of norms include mores, customs, and folkways.

    What are mores?

    Mores are behaviors that arouse intense feelings and are subject to extreme consequences.

    What are customs?

    Customs are behaviors that do not arouse intense feelings, and their violation results in less severe actions.

    What are folkways?

    Folkways are behaviors that, when violated, carry the least intense feelings.

    What is the role of societal rules in determining criminal behavior?

    Societal rules or norms are used by society to determine what is normal and acceptable, influencing criminal law.

    What is the distinction between crimes and torts?

    Crimes are prosecuted by the state, while torts are private wrongs that violate private interests.

    What is the significance of the codification of criminal laws?

    Codification makes criminal laws more accessible and allows for democratic amendments.

    What is unique about criminal law?

    It includes publicly sanctioned infliction of pain and implies moral condemnation on offenders.

    How is punishment connected to justice in criminal law?

    Punishment is intrinsically connected to the concept of justice, which is interwoven with moral theory.

    What are value dilemmas in the context of criminal law?

    Value dilemmas involve sacrificing one important value for a greater value, such as in cases of self-defense.

    What are the two main components of criminal law?

    1. State sanctioned infliction of pain on individuals, and 2. Social, moral condemnation.

    What is the Supreme Court's role regarding state actions?

    The Supreme Court reviews state actions that interfere with perceived constitutional rights, balancing individual interests against state interests.

    What is Rational Basis Review?

    The default level of review where legislation must be rationally related to a legitimate state interest.

    What does Intermediate Scrutiny involve?

    A higher level of review for 'quasi-suspect' classes, requiring legislation to be substantially related to an important government interest.

    What is Strict Scrutiny?

    The highest level of judicial review applied to cases involving fundamental rights or suspect classes, requiring the law to serve a compelling state interest.

    What is the relationship between crime and punishment?

    Crime is viewed as a public wrong, and punishments are publicly sanctioned.

    What is the distinction between temporal law and eternal law according to St. Augustine?

    Temporal law is human-made, while eternal law is divine and reflects true legal obligations.

    What are the two basic rules for society proposed by St. Augustine?

    1. Do not harm others, and 2. Help others when possible.

    What is Distributive Justice?

    Justice connected to the common good, promoting human flourishing.

    What is the Social Contract theory?

    A theory proposing that individuals consent to form a society and government to protect their rights.

    What is the primary human right according to Immanuel Kant?

    The freedom to do what you choose, as long as it does not interfere with others' rights.

    What does John Stuart Mill's utilitarianism emphasize?

    Justice aims at producing the greatest overall happiness and justifies interference only for self-protection.

    What is the Lex Talionis principle?

    The principle of 'an eye for an eye,' suggesting that punishment should be proportionate to the offense.

    What are the steps in the criminal process?

    1. Report of suspected activity, 2. Detention by government agents, 3. Filing a complaint, 4. Assessment of allegations, 5. Criminal trial process.

    What is the burden of proof in criminal cases?

    It generally includes the burden of production and the burden of persuasion.

    What are the standards of proof in criminal law?

    1. Beyond a Reasonable Doubt, 2. Clear and Convincing Evidence, 3. Preponderance of the Evidence, 4. Probable Cause.

    What grounds can be used for a criminal appeal?

    1. Error in trial procedure, 2. Ineffective assistance of counsel, 3. Evidentiary issues, 4. Constitutional issues.

    What is the role of trial courts and appellate courts?

    Trial courts handle the initial case, while appellate courts review decisions made by trial courts.

    What is the difference between a verdict and an opinion?

    A verdict is the decision made by a jury, while an opinion is a formal statement by a judge explaining the court's reasoning.

    What is the significance of the concept of justice in law according to Plato?

    Plato questioned what justice is and whether it should shape social arrangements, focusing on justice as a well-ordered society.

    What did Aristotle contribute to the understanding of justice?

    Aristotle defined two types of justice: distributive and corrective, emphasizing justice connected to the common good.

    What is the mixed theory of punishment?

    A combination of utilitarian justification for the system and retributivist principles for the distribution of punishment.

    What are the objections to consequentialist justification of punishment?

    It could justify morally wrongful acts, question effectiveness, and lead to unjust punishments.

    What is the role of government agents in the criminal process?

    They investigate suspected criminal activity, detain individuals, and file complaints on behalf of the government.