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Flashcards

Criminal Law

Ijeoma Okereke English 43 cards

Cards in this deck (43)

  1. 1define police powerpower of a government to make and enforce its own laws
  2. 2Do different jurisdictions have their own set of laws?yes
  3. 3what are some different jurisdictions?US
    each state
    DC
    military
    US territories
  4. 4When you travel to different states is it your burden to know their laws?yes
  5. 5are state and federal jurisdictions set up with a balance of power?yes
  6. 6what does the legislative branch do?creates laws
  7. 7what does the executive branch do ?enforce laws(police, governor)
  8. 8what does the judicial branch do ?interperts the laws, whether executive branch enforces laws fairly and legislative branch wrote them fairly
  9. 9what is constitutional law?any law derived from state or federal constitution
  10. 10do any states still recognize common law?no
  11. 11what is case law?procedural laws derived from appellate court cases.
  12. 12How do we get case law?someone has to get convicted of a crime and then appeals it
  13. 13what does affirm mean?agree with conviction
  14. 14define remandsend back to original court where trial occurred for further action
  15. 15what ammendment did the Miranda case address?5th , privilege against self incrimination
  16. 16what is the model penal code?written by American law Institute, put together fairest system , laws and penalties
  17. 17define vaguenesswording in law is vague
  18. 18define overbreadthwhen a law was passed, the law nade something tht was legal, illegal because law was too broad
  19. 19define due processfairness through the judicial treatment
  20. 20define common lawcolonists brought it from england with them
  21. 21what is case law?the law as established by the outcome of former cases.
  22. 22what is procedural lawcomprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.
  23. 23what is constitutional law?law derived from state or federal constitution
  24. 24what is statutory lawwritten laws from the legislature
  25. 25what is administrative lawlaw that regulates the operation and procedures of government agencies.
  26. 26what is ex post factomakes something illegal amd then charge people who committed the crime before it was illegal
  27. 27what is full immunity?person can not be prosecuted for anything they say
  28. 28what is sovereign immunitycant sue government unless they consent to it
  29. 29what is diplomatic immunitycant arrest, sue etc a person from an embassy with diplomatic status
  30. 30whatare 3 levels of courtmagisterial, trial, appellate
  31. 31what kind of thing do POLICE have discretion on?bring charges, whether to arest, conduct search
  32. 32wha kinds of things do Prosecutors have discretion onprosecute, grant immunity, plea bargain, refuse prosecution
  33. 33what are 3 general levels of crime?summary offense
    misdemeanor
    felony
  34. 34what does the 4th ammendment say?prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause.
  35. 35what does the 5th ammendment sayright against self incrimination
  36. 366th ammspeedy trial, attorney, confront witnesses
  37. 3714 th amendmentequal protection clause, due process clause
  38. 38robinson v californiaPunishing a person for a medical condition is a violation of the Eighth Amendment ban on cruel and unusual punishment.. robnson was seen to have track marks, arrested for being a drug addiction, which is a dsease
  39. 39powell v texas8th amendment case. Powell was an alcoholic and always arrested for being publicly intoxicated. Court ruled he wasnt being punshed or being an alcoholic(disease) but for being drunk in public
  40. 40garrity v new jerseypolice beig investigated told they could incrimnate themselves or lose their jobs. officers chose to make confessions, not voluntary . violated 14th amm
  41. 41brady v marylandif ahve evidence that would exonerate defendant must release it as soon as you find out about it. violated due process
  42. 42miranda v arizona5th amm selff ncrimnation. If a defendant will be question need to advise them of 5th ammendment right gainst self incrimination
  43. 43mapp v ohioevidence that violates 4th ammendment, illegal search and procedure. not admissible

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Chapter 1
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Ijeoma Okereke
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