Answer to Question 1
Answer: key points to be made
Beyond a reasonable doubt: Guilt in a criminal trial, Finding of delinquency in a juvenile court
Clear and convincing evidence: Used in extraordinary civil cases, such as commitment and child custody
Preponderance of the evidence: Most civil cases, status offense in juvenile court, probation and parole revocation hearings
Probable cause: Search warrants/arrest warrants, summary/warrantless arrests, probation and parole preliminary violation hearing
Answer to Question 2
Definition: An outgrowth of European Enlightenment of the eighteenth century whose adherents rejected spiritualism and religious explanations for criminal behavior.
Eight tenants:
Humans are rational
All persons are created equal
All persons have an equal stake in society and this an equal stake in prevention of crime
Free will endows each person with the power to be law abiding or criminal
People tend toward hedonism
The purpose of punishment is deterrence
Punishment must be meted out fairly, with absolute equality, and in proportion to the offense
Punishment must be prompt and certain.
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