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37 Cards in this Set
- Front
- Back
- 3rd side (hint)
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What is Common Law?
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English and American legal code derived from England
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the body of law derives from judicial decisions rather than from legislative enactment
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Who creates statutory law?
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State and federal legislature
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virtually all criminal law is statutory
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What is criminal law?
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involves a violation of public rights and duties, which create a social harm that effects entire community
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What is Civil law?
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Matters that are considered to be private concerns between individuals
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provides remedy in form of an action for damages;money
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What is the purpose of Criminal law?
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prevent and control crime by sanctioning behavior that violates the criminal law
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Substantive
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consists of those laws that define what constitutes criminal conduct subject to prosecution by the states and set forth the punishment for such criminal act
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identifies the components required for liability, both mental and physical
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Procedural
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Dictates the methods and the means by which the state proceeds to enforce rights or duties of the substantive law
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6 elements of a crime?
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1.actus reus
2.mens rea 3.concurrence 4. attendant circumstances 5.causation 6.harmful result |
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Statutory criminal law
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-congress refines the criminal law due to societal pressures
-crim law is a matter of jurisdiction |
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Principle of legality?
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under principle, no one can be punished for an act that was not defines as criminal before the person did the act
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What is the model penal code?
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a comprehensive re-codification of the principals of criminal responsibility
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relied upon existing sources of the criminal law, including codes, judicial opinions, and scholarly commentary
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3 perspectives of CJ system
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1. social system
2. body of legal rules 3. administrative functions |
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4 basic police functions
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-prevention
-investigation -detection -court preparation |
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14th amendment
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-the right to trial by jury
-right to assistance of counsel in any case for which a sentence of more than 6 months in jail or prison -privilege against self-incrimination |
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municiple ordinances
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created by city and town councils, often duplicate state code
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Administrative crimes
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admin agency rules, power delegated by the legislature
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Purpose of civil law
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restore to condition before incident
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plantiff, damages, neglegence
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purpose of tort law
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-prevent
-deter -encourage -restore |
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what does criminal liability mean?
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(1)conduct that (2)unjustifiably and inexcusably (3)inflicts or threatens substantial harm (4)to individual or public interest
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deterance
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community policing
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Bail
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a deposit of cash, collateral
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recognizance
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a promise to appear in court
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bond
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a written promise to pay the bail sum, posted by financiallly repsonsible person, usually a professional bail bondsman
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PR bond
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condition that defendant will appear as required, not leave the state w/o court permission, and not commit any crime
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conditional release
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One, or combination of....
1. No alcohol 2.Substance abuse testing 3.Curfew 4. Stay away from victim and victims residence |
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What is the question of constitutionality?
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any state or federal law that violates the consititution is legally unenforceable and will be declared invalid
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2 ways a statute is unconstitutional....
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1.content-aka "on its face"
2.way in which its enforced by govt officials known as a violation "by application" or "as applied" |
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Who has the right to interpret, apply, or invalidate a law as it pertains to rights expressly creates under the state or national constitution?
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the judiciary
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Procedural criminal law
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the rules governing how the criminal law is administered
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due process
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the multiple criminal justice procedures and processes that must be followed before a person can be legally deprived of his or her life, liberty, or property
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equal protection
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the constitution provision that all people should be treated equally w respect to the practice dealt w by the law
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bill of attainder
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a special legislative enactment that declares a person guilty of crime and subject
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fair notice
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the due process requirement that people are entitled to know what they are forbidden to do so that they may shape their conduct accordingly
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4 reasons for an appeal
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1.charge is not a crime
2 insufficient evidence 3 not all elements of crime were alleged 4 procedural issues |
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bench trial
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judges decides on both fact and procedure
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jury trial
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judge decides questions of procedure and jury decides question of fact
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the accused in a criminal case has a consitutuional right to trial by jury for any crime for which the possible sentence is greater than 6 months
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3 levels of scrutiny
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1. strict liability
2. middle-tier 3.Minimum |
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