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26 Cards in this Set
- Front
- Back
Constitutional Law
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As expressed in the US Constitution;
it is the supreme law of the land. State constitutions are supreme within state borders to the extent they do not violate the US Constitution or Federal law. |
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Statutory Law
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Rules, orders and decisions of
federal, state or local legislature and governing bodies. These laws can not violate the US Constitution. |
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Administrative Law
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Rules, orders and decisions of federal or state government.
Federal administration agencies enable legislation enacted by US Constitution. Agency functions are; rule making, investigation, enforcement and adjudication. |
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Case Law: Law & Doctrines
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Judge made laws, including interpretations
of the Constitution; provisions enacted by legislatures. |
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Purpose of Criminal Law
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Protect & Punish - Legal functions of law.
(maintain social order by protecting citizens from criminal harm) Maintain & Teach the society function of the law (public morality, teaching social boundaries) |
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Classification of Crimes
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Civil Law and Criminal Law
Guilt and Responsibility Burden of Proof |
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Felonies and Misdemeanors
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Felony: Degree of Crime
Misdemeanors: Types of Manslaughter Degree of Misdemeanor Infractions |
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Felony
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Serious Crime
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Types of Misdeameanors
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Gross Misdemeanor - 30 days-1yr
Petty Misdemeanor -up to 30 days Infraction - receive ticket or fine |
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Degrees of Felonies
(Levels of Seriousness) |
1st Degree: Max Penalty
2nd Degree: 10 years murder 3rd Degree: 5 years manslaughter |
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Manslaughter
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Unintentional Homicide
1. Voluntary - accident/stupid 2. Involuntary - had no idea |
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Mala In Se
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bad in itself
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Mala Prohibita
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bad because it is prohibited
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Strict Liability
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Offense holds the defendant guilty, even if
intent to commit the offense is lacking. |
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Accomplice Liability
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Suspects can be charged with crimes they
did not actually commit; just for being there. |
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Concurrence
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There must be concurrence (happening at the same time)
between the guilty act and the guilty intent |
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Causation
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Criminal Act must have caused
the harm suffered. |
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Attendant Circumference
*Circum=Circle (around) |
Facts surrounding an event that must be provided
for the event (which must be proved), for the event to be considered a criminal act. |
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Harm
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Damages resultant from the criminal act.
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Hate Crime Laws
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Greater sanctions against those who commit
crimes that are motivated by bias of race, sexual orientation, disability or age |
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Excuse Law
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Applies when the actor lacks the required
mental condition to form intent. |
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Justification Defense
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Applies when the defendant admits to the
criminal act but argues that it was justified. |
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Infancy
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Youthful offender cannot understand the
consequences of their actions. |
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Insanity
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Person does not have 'state of mind' to commit the crime
they have committed; they don't know its wrong. |
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Inchoate offenses
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Without actual harm done.
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Misdemeanor
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Less Serious Crime
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