Midterm review

Question 1

misfortune

Answer 1

something unintentional/victimless

Question 2

rectificatory justice

Answer 2

how to remedy wrongs & compensate individuals; example of rectifying medical expenses for Jake being bitten in the ass by the dog; wet floor sign placed in wrong spot & payment of medical expenses if someone slips; affirmative action

Question 3

passive injustice

Answer 3

having the power to deal with injustices but not using it/complacency to injustice; ex: climate change & corporate crimes

Question 4

racial profiling

Answer 4

targetting racial minorities as suspects of criminal behavior solely based on race; wrongful convictions as collateral consequence, stop & frisks, death penalty (Black ppl 4x more likely to be sentenced to death)

Question 5

jury nullification

Answer 5

conscious & deliberate decision of a jury to acquit a defendant despite the jury’s awareness that the defendant is guilty based on the facts and law (grey area); ex: Emmett Till, Casey Anthony, Prohibition

Question 6

legal realism

Answer 6

law is the product of social, political, & economic factors; judge considers legal rules and social interests in public policies when deciding cases; ex: labor laws

Question 7

Common Law

Answer 7

judges based their decisions in cases based on precedence (“judge-made” law), adversarial nature, customary practices of royal judicial officials that the local judges began to rely on to decide their cases

Question 8

distributive justice

Answer 8

how things should be distributed; we collectively decide how to distribute the good & bad things that are the functions of living; ex: healthcare for all

Question 9

broken-windows policing

Answer 9

disorder leads citizens to feel unsafe; disorder can appear as minor infractions that lead to more crime and more likelihood of feeling unsafe

Question 10

specific deterrence

Answer 10

preventing the commission of crimes from certain people/avoidance of repeat offenders; ex: Target policy for shoplifting (build a case after multiple shoplifts)

Question 11

general deterrence

Answer 11

deterring others in society/general public from committing similar crimes; ex: traffic violations –> tickets, cost-benefit analysis –> likelihood of committing a crime higher if more ppl commit that crime

Question 12

crime control model

Answer 12

emphasis on arresting people quickly; assembly-line; ex: drug arrests (War on Drugs), wrongful conviction (i.e. Noura’s case), maximum & minimum sentences regardless of previous criminal history

Question 13

due process model

Answer 13

emphasis on honoring individual rights in all steps of the justice process; ex:

Question 14

Due Process Revolution

Answer 14

series of decisions made by Warren Courts outlining rights of accused criminals at federal & state level, ex: Miranda v. Arizona

Question 15

pretext stop

Answer 15

police officer stops a vehicle with suspicion of involvement in a crime, but without probable case–>in order to conduct a speculative criminal investigation unrelated to the motorist’s driving; ex: traffic stop for drug crimes

Question 16

Terry stop

Answer 16

officers conduct stops & searches based on suspicion of committing a crime

Question 17

Batson challenge

Answer 17

objecting the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex; Batson v. Kentucky: James Batson (black) had all potential black jury members excluded, convicted by all-white jury

Question 18

peremptory challenge

Answer 18

rejection of a juror w/o reason;each side has a limited number of peremptory challenges to weed out people strategically

Question 19

Mapp v. Ohio

Answer 19

evidence found in unconsitutional seizure excluded –> exclusionary rule

Question 20

Miranda v. Arizona

Question 21

3 strikes law

Answer 21

law to increase punishment for persons convicted of a felony who have previously been convicted of one or more “serious” or “violent” felonies
2 strikes—2nd felony= twice the amount of prison time

3rd felony—25 to life mandatory minimum
–> War on Drugs

Question 22

McCleskey v. Kemp

Answer 22

McCleskey argued that a statistical study proved that the imposition of the death penalty in Georgia depended to some extent on the race of the victim and the accused. The study found that black defendants who kill white victims are the most likely to receive death sentences in the state.

Question 23

Glossip v. Gross

Answer 23

Oklahoma executed Clayton Lockett using a three-drug lethal injection procedure; Lockett awoke. Argued that the use of midazolam as the initial drug in the execution protocol violated the Eighth Amendment’s prohibition against cruel and unusual punishment

Question 24

Gideon v. Wainwright

Answer 24

individuals charged w/ a felony guaranteed access to a lawyer

Question 25

working groups

Answer 25

the prosecutor, defense attorney, & judge work together on a regular basis in the courtroom

Question 26

Brown v. Plata (2011)

Answer 26

CA must resolve overcrowding and bring prison healthcare system to adequate standards Reduce by 30-35k (137% capacity) inmates by 2013

Question 27

Gregg v. Georgia (1976)

Answer 27

death penalty unconstitutional under conditions established by Furman (aggravating & mitigating circumstances, upheld for violent crimes, bifurcated trials)

Question 28

restorative justice

Answer 28

reconciliation of offenders w/ community; rehab while staying accountable; ex: reintegrative shaming

Question 29

claiming

Answer 29

when a person knows they've been harmed & who caused the harm, they file a lawsuit and ask for compensation for damages *1/3 cases resolved, 2/3 cases not *A Civil Action p 81 (what did both sides claim)

Question 30

litigation explosion

Answer 30

massive increase in dispute resolution with lawsuits --case of Caesar Barber

Question 31

alternative dispute resolution

Answer 31

any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation

Question 32

contingent fee

Answer 32

a lawyer represents an individual in return for a percentage of any monetary recovery or monetary settlement.

Question 33

one-shotters

Answer 33

people who go to court infrequently ex: Schlichtmann

Question 34

repeat players

Answer 34

organizations who have more court experience and more resources to go to court; more likely to win cases

Question 35

class action lawsuit

Answer 35

lawsuit filed by multiple people on behalf on a larger group of people ex:

Question 36

punitive damages

Answer 36

damages to deter wrongdoing in the future (ex: Lanier v. Harvard, Liebeck v. McDonald's) -Liebeck v. McDonald's: drive-through and stopped in the parking lot. Liebeck placed the coffee between her legs and used both hands to open the lid. As she removed the lid, the cup spilled into her lap. Suffered 3rd degree burns.

Question 37

Rule 11

Answer 37

authorizes judges to fine lawyers who intentionally bring unfounded or frivolous (silly) legal proceedings or drag out trials in an effort to harass the defendant --> A Civil Action

Question 38

tort law

Answer 38

civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act -routine torts -high-stakes (class-action) -mass torts -The Blue Bus

Question 39

The Blue Bus

Answer 39

case in A Civil Action, Mr. Smith was driving on a dark road and nearly collided with a bus, couldn't recall the color Mr. Smith sues the Blue Bus Company for damages. -case based on probability--> Smith 20% liable in the criminal case, civil case less liable -51% proof of "more likely true than not"

Question 40

adversarial model

Answer 40

emphasis on competition between defense & prosecution --plea bargaining, working groups --inadequate defense/counsel in some cases --> lack of zealous defense ex: Chandler Halderson case

Question 41

money (cash) bail

Answer 41

judge sets certain amount of money (bond) as collateral to get out of jail

Question 42

Brady v. Maryland

Answer 42

prosecution required to hand over evidence to defense; exclusionary rule ex: Hammack's note hidden by police

Question 43

trial penalty

Answer 43

incentivizes almost all defendants to plead guilty because they face a much longer sentence if convicted at trial

Question 44

Alford plea

Answer 44

defendant pleads guilt but maintains innocence

Question 45

Floyd vs. New York

Answer 45

argued that police unconstitutionally stopped Black people on the streets & violated 4th & 14th Amend. --> racial disparities -racial profiling

Question 46

white-collar crime

Answer 46

crimes committed by people of high status over the course of their occupation -lack of accountability for these crimes -priority of drug arrests over other crimes -disproportionate impact on poc -underpolicing of white collar, overpolicing of POC