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