Quiz 1 Key Terms Flashcards
(57 cards)
US Constitution
the government can only interfere with people’s lives if it needs to in order to fulfill its legitimate role
Bill of Rights
first 10 Amendments to the Constitution, requires due process, bans double jeopardy, bans cruel and unusual punishment, individuals have liberty interests
Federal Laws
United States Code
Administrative Regulations (codes)
Code of Federal Regulations
State Laws
State Statutes
Case Law (common law)
in case/common law tradition, there are two separate court systems with two different forms of remedy.
* Courts of Law (Monetary Relief)
* Courts of Equity (non-monetary relief) based on notions of justice
State Courts
- courts of general jurisdiction
- hear all courses not specifically selected for federal court
- each state gets to make and interpret its own laws
- about 90% of American cases happen at the state level
Federal Courts
*limited jurisdiction
*12 total federal districts
Supreme Courts (State & Federal)
cases will typically pass through the state supreme court before going on to the federal supreme court
Stare Decisis
a legal principle that requires courts to follow previous judicial decisions when similar legal issues arise again
Due Process
the government can only intervene in our life after a fair process that establishes that the government has legitimate reason to intervene
Liberty Interests
a right that protects an individual’s freedom to do or not do something without interference from the government or others
“Rule of Law”
the fact that everyone (including the government) must obey the law
Jail
a place for the confinement of individuals accused of a crime
Prison
a building in which people are legally held as punishment for a crime they HAVE committed
Felony
a serious crime that is punishable by more than one year in prison (or even the death penalty) depending on the state and circumstances of the crime
Misdemeanor
a minor wrongdoing
Purpose of Punishment
*Retribution: people who harm deserve to suffer harm
*Incapacitation: prevents the person from committing another crime
*Deterrence: makes people less likely to commit crimes because they don’t want to pay the cost
US Incarceration Rate
highest in the world
“Stacking Charges”
charging multiple crimes for one incident
War on Drugs
spearheaded by president Nixon, resulting in an exponential rise in incarceration rates
Punishment Myths
*Prisons are humane
*Prison is reserved for the deserving
*Makes the US safe
Probation
a sentencing option that allows defendants to fulfill their sentence outside of prison or jail