Criminal Law P1 Flashcards

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1
Q

Purposes of Criminal Justice System

A

Regulate human conduct
Punish an offender (mostly adults)
Deter future offenders
Alert public from possible danger
Preserve peace - keep order
Rehabilitate

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2
Q

Who is primarily a candidate for rehabilition

A

minors

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3
Q

4 amendments that protect criminals

A

4, 5, 6, 8

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4
Q

4th Amendment

A

Due Process (federal)
illegal search and seizure
- exclusionary rule: if illegally obtained, evidence inadmissible

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5
Q

5th Amendment

A

1) Double Jeopardy
2) Miranda Rights (miranda v Arizona) – not self-incriminate “remain silent”
3) Grand Jury Trial (if charged)
4) Eminent Domain
5) Due Process - Fair Trial, cannot be deprived of natural rights

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6
Q

What is Double Jeopardy and WHEN is it applicable?

A

can’t be charged with same crime against same victim
Once VERDICT is decided, double jeopardy kicks in
No rights during mistrial, waiting …
OJ Simpson - wrote book after innocent

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7
Q

6th Amendment

A

1) Right to Know Accuser & crime
2) Fair and speedy trial/public trial without unnecessary delay.
3) Impartial jury of peers
4) Right to Counsel (have attorney)

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8
Q

8th Amendment

A

cruel and unusual punishment
no excessive fines
no excessive bails

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9
Q

Exceptions to the Exclusionary Rule

A

1) Hot Pursuit Laws: when acting in heat of the moment
2) evidence about to be destroyed
3) In open/plain site

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10
Q

US v Leon

A

obtained evidence withour valid probable cause/warrant
exception to exclusion = acting in good faith
- District court and 9th circuit court affirmed

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11
Q

Subjective Faults and common examples

A

should know better/consequences of actions
Ex: assault/battery (only assault in NY)

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12
Q

Objective Faults

A

negligence / carlessness
manslaughter

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13
Q

Liability without Fault

A

no fault but illegal.
ex: statutory rape, selling alchohol to minors, polygamy

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14
Q

actus reus

A

wrongful or criminal act
Refers to all elements of a crime that are not mental - what
Acts, circumstances, consequences
All contributing factors to performing the behavior and consequences of the behavior

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15
Q

Mala in Se vs Mala Prohibita

A

In se = morally wrong
prohibita = legally wrong

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16
Q

Least severe to most classification of crimes

A

Infractions/petty crime
misdemeanor
felony

17
Q

What, why, and when: Vicariously Liable

A

liable for actions of another person - Charles Manson

18
Q

Blue Sky Laws

A

Blue Sky Laws: enacted by state governments to prevent securities (finance, stocks, bonds, ETF) dealers from committing fraud via the sale of fake securities to investors
generally require the registration of issuers and dealers with state regulatory agencies and licensing of brokers
Most people not well versed in finance, so easily scammed
Dominos 30 min policy urges drivers to drive unsafely
The offensense is an omission of a specific duty imposed by the law
Affirmative action: race quotas, federal statutes
Requires atleast one minority candidate is interviewed in NFL
Was something authorized, required or directed to do something
The office was authorized, required, commanded, performed or recklessly tolerated (knew what was going on, but ignored) by Board of Directors

19
Q

Domino’s Pizza and Blue Sky

A

Dominos 30 min policy urges drivers to drive unsafely
The offensense is an omission of a specific duty imposed by the law
Affirmative action: race quotas, federal statutes
Requires atleast one minority candidate is interviewed in NFL
Was something authorized, required or directed to do something
The office was authorized, required, commanded, performed or recklessly tolerated (knew what was going on, but ignored) by Board of Directorr

20
Q

when are companies liable for actions of employees

A

Corporations may be convicted of a criminal offense for conduct of an employee MUST be within scope of employment

21
Q

Possible Consequences for Companies/Corporations

A

1) Prison/jail for Board
2) fines
3) Revoke corporation status