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Criminal Courts and Process > Exam 1 > Flashcards

Exam 1 Flashcards

(70 cards)

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1
Q

Know Packer’s models of CJ

A

Limitation of due process

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2
Q

Legislation

A

Enacted by the legislature under the authority granted to it by the constitution

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3
Q

What rights are given under the sixth amendment

A

Speedy trial
Public trial
Trial by an impartial jury
Notice of charges against oneself
Confront witnesses against oneself

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4
Q

What rights are given in the ninth amendment

A

The right outlined in the Bill of Rights are not the only rights that citizens have

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5
Q

What is Total incorporation

A

All rights in the bill of rights applicable to the states

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6
Q

What is selective incorportation

A

Incorporate the bill of rights to the states in a carful way

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7
Q

Difference between criminal and civil law

A

Criminal law requires “proof beyond a reasonable doubt, civil “preponderance of the evidence”

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8
Q

Types of crime

A

Mala in se
Mala prohibita
Crimes against property
Crimes against person
Crime against public order

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9
Q

Causation

A

the actors conduct led to harm

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10
Q

Harm

A

the result of the act, the injury to another

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11
Q

original jurisdiction

A

Trial court where case begins

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12
Q

Judiciary Act of 1789

A

In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures.

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13
Q

What are the main functions of the courts

A

Establishing Laws
Being charged with a crime
Rulings in individual rights
Ruling on how businesses and governments can operate
Punishment
The impact can be felt by individuals who are not directly involved was the courts

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14
Q

Roles of the Courts

A

Settle Disputes
Make Public Policy
Clarify the Law

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15
Q

Law

A

Written body of rules of conduct which apply to all members of a community

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16
Q

Are Law and Justice the same

A

Law can be in accordance with justice or the farthest thing from it

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17
Q

Due Process

A

Procedures put into place to hold the government to its principles

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18
Q

The rule of law

A

Authority of certain fundamental values and principles
Must be committed to writing
System of procedures holding government to these principles and values must be in place

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19
Q

Judge made law

A

Judges are charged with enforcing the law but first they must interpret the law

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20
Q

Judge made law

A

Judges are charged with enforcing the law but first they must interpret the law

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21
Q

Common law

A

A united body of law throughout the country that developed through court decisions rather than statutes

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22
Q

Precedent

A

Created by every final decision, governs all courts

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23
Q

Statutes

A

Written in broad terms leaving room for interpretation for these who must enforce them

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24
Q

Statutes

A

Written in broad terms leaving room for interpretation for these who must enforce them

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25
Individual rights
Protect an individual citizen from, other citizens, federal government, state government
26
What rights are given in the first amendment
Freedom of, Religion, Speech, Press, Assembly, and Petition
27
Subject Matter Jurisdiction
Authority of the court to hear a specific type of case
28
Geographic jurisdiction
Authority of the court to hear cases that arise with specific geographical boundaries
29
Geographic jurisdiction
Authority of the court to hear cases that arise with specific geographical boundaries
30
en banc
the term used when the full panel of judges on the appellate court hears a case
31
3 cases in which the supreme court has original jurisdiction
State v. State State v. United States State v. foreign citizen
32
Where do individual rights come from
The constitution
33
What are the three individual rights initially outlined in the constitution
Right to seek a writ of habeas corpus Prohibition bills of attainer Prohibition of ex post facto laders
34
What rights are given in the third amendment
Forbidding the quartering or housing of soldiers in private homes without the permission of the homeowners
35
What rights are given in the fourth amendment
Forbids unreasonable search and seizer
36
Probable cause
When there is a fair possibility that a search will result in evidence of a crime being discovered
37
What rights are given under the fifth amendment
Indictment by grand jury, Prohibition of double jeopardy Privilege against self-incrimination
38
What are the rights given in the seventh amendment
Provides defendants in civil lawsuits taking place in federal courts the right to a jury trial
39
What are the rights given in the eight amendment
Bars states from Excessive bail Cruel and unusual punishment
40
What rights are given in the Fourteenth Amendment
Incorporating or applying the bill of rights to the states
41
What is criminal law
Designed to allow for the adjunction and punishment of those who violate society's rules
42
What is civil law
Designed to address private wrongs
43
Purposes of criminal law
Protect the public from harm Punishing harmful acts Seek to avoid harm by forbidding conduct that may lead to it
44
Mala in se
Crimes that are inherently harmful
45
Mala Perohibita
No consensus that they are harmful crimes
46
Characteristics of criminal law
Description of what conduct is forbidden A list of penalties for violation of the law Provisions of defenses to criminal liability
47
Limitations of criminal law
Due process clause of the 14th amendment Over-breadth doctrine Void for vagueness
48
What are the 5 elements of criminal liability
Actus reus Mens Rea Concurrence Causation Harm
49
Actus Reus
Criminal act
50
Mens Rea
Criminal intent; a guilty state of mind.
51
Concurrence
The union of criminal act and criminal intent
52
What are the 4 levels of intent
Purposely Knowing Wreckless Negligent
53
Strict Liability
Liability without criminal intent in situations where society deems it fair to do so
54
Inchoate Crimes
A crime that is incomplete or happens in preparation for another crime
55
Affirmative defenses
Defendant carries the burden of persuasion and burden of production
56
What are the three types of Affirmative defenses
Alibi Justification Excuse
57
Types of civil law
Tort Property Contract Family
58
Personal Jurisdiction
Authority of the court over a person or defendant
59
Hierarchical Jurisdiction
division of duties and roles among the various courts within a single jurisdiction
60
Hierarchical Jurisdiction
division of duties and roles among the various courts within a single jurisdiction
61
discretionary jurisdiction
the authority of a court to select the cases it will hear from among all the cases appealed to it
62
discretionary jurisdiction
the authority of a court to select the cases it will hear from among all the cases appealed to it
63
mandatory jurisdiction
the requirement that a court hear all cases filed with it
64
Limited Jurisdiction
Exists when a court's authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions.
65
Court of Appeals Act of 1891
act of Congress that created the circuit courts of appeal, a new layer of intermediate appellate courts that would hear appeals from the district courts, and gave the Supreme Court more discretion in deciding which cases to hear
66
What are the steps of the supreme court when deciding a case What are the steps of the supreme court when deciding a case
Writ of certiorari Rule of four Affirm Reverse Opinons
67
What are the three main functions of the supreme court
Resolve disputes between states Resolve conflicting opinions of lower or state courts Resolve constitutional questions
68
4 main actors in a court case
Judge Prosecutor Defence Attorney Jurors
69
Pretrial proceedings
Complaint, Booking, Arraignment, Pretrial hearing, Discovery
70
What are the two ways for a jury member to be dismised
Challenge for cause and Peremptory Challenge

Criminal Courts and Process (3 decks)

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