chapter one/two Flashcards by anna wom

Criminal Matters

state/public have declared an interest

Ex: assault or murder

How well did you know this?

Not at all

Perfectly

Civil Matters

Civil matters: private wrong such as a tort or contract violation (tort)
 Ex: money or breach in agreement

How well did you know this?

Not at all

Perfectly

Torts: What are they

A private wrong against an individual.

How well did you know this?

Not at all

Perfectly

Civil Liability and Consequences

Civil liability is a legal obligation that requires a party to pay for damages or to follow other court-enforcements in a lawsuit.
General damages, punitive damages and injunctive relief.

How well did you know this?

Not at all

Perfectly

Bench trials

A trial in front of judges

How well did you know this?

Not at all

Perfectly

Jury trials

A trial with the community in the stands

How well did you know this?

Not at all

Perfectly

Sources of Criminal law

o	Substantive Law
o	Procedural Law
o	Administrative Law
o	Common Law
o	Judge-Made Law
o	Statutory Law

How well did you know this?

Not at all

Perfectly

Sources of law acronym

SUBPRO ADCO JUST

Substantive, procedural. Administrative, common. Judge-made statutory

How well did you know this?

Not at all

Perfectly

Statutory Law

Statutory Law is the term used to define written laws.

Usually enacted by a legislative body.

How well did you know this?

Not at all

Perfectly

Judge-Made Law

Based on the past decisions of other judges in past cases
Interpretations of codes
common law
ordinances
administrative law.

How well did you know this?

Not at all

Perfectly

Common Law

The earliest type of law.

Common law is a body of unwritten laws based on legal precedents established by the courts.

How well did you know this?

Not at all

Perfectly

Procedural Law

Rules regulating the process of investigation and prosecution of violations of criminal law.
How cjs process is supposed to work.
Matter in open court.

How well did you know this?

Not at all

Perfectly

Substantive Law

Public laws defining the conduct

Burglary, arson, murder.

How well did you know this?

Not at all

Perfectly

Consecutive sentences

Consecutive sentences = MATH required; add all sentences that are to run consecutively – meaning one after the other

How well did you know this?

Not at all

Perfectly

Concurrent sentences

Concurrent sentences = all sentences imposed by the judge are to run at the same time

How well did you know this?

Not at all

Perfectly

Beyond a reasonable doubt:

Beyond a reasonable doubt is the legal burden of proof required to affirm a conviction in a criminal case.
In a criminal case, the prosecution bears the burden of proving that the defendant is guilty beyond all reasonable doubt.

How well did you know this?

Not at all

Perfectly

The preponderance of the evidence

Under the preponderance standard, the burden of proof is met when the party with the burden convinces the fact finder that there is a greater than 50% chance that the claim is true.

How well did you know this?

Not at all

Perfectly

Burden of production v. Burden of persuasion

BOPO: requirement that a party present some evidence to support their claims
BOPER: requirement that the party persuade the jury/judge to a certain standard of proof

Criminal Liability – when is it imposed

Criminal liability should only be imposed if the wrong was a crime.
Criminal liability is reserved for the behavior of the unjustifiable and inexcusable that inflicts or threatens harm

Mala in se offenses

Crimes of moral turpitude, inherently wrong or evil

 Examples: Rape, robbery, murder

Mala prohibita offenses – know examples

Crimes without moral turpitude, criminal only because of a statute in city
 Examples: underage drinking, curfew violations

Felonies

The most serious grade of crime; usually includes possibility of prison sentence.
365 days or more in prison.
Example: first degree murder, manslaughter, theft

misdemeanor

Offenses that carry punishment of a degree less than felonies.
Usually misdemeanor crimes do not involve prison sentences.
Upto 365 days in jail. (364 and below)
Example: shoplifting, indecent exposure, trespassing

Crimes against persons

Examples: Assault, aggravated assault, domestic violence, stalking, harassment, hate crimes, kidnapping, murder

Crimes against property

Examples: vandalism, defacement, larceny, burglary, theft, car theft

Acro. for property crime

Vandef Larbur Thecar | (Vandalism, defacement. Larceny, burglary. Theft/car theft.

Crimes against public order and morals

Examples: inciting violence, riots, disorderly conduct, false alarms, animal cruelty and prostitution

Crimes against the state

Examples: treason, sedition, sabotage, terroristic threats

Ex Post Facto clause

Ban on retroactive criminal law making. | Criminal law made retroactive to punish prior conduct not criminal when done.

Overbreadth doctrine

a doctrine in constitutional law: a law that prohibits protected conduct (as free speech)

Void for vagueness

the declaration that a law is invalid because it is not sufficiently clear.

8th Amendment

Freedom from cruel and unusual punishments *No barbaric punishment Ex: death penalty for speeding ticket

Protected speech V. nonprotected speech (via 1st Amendment)

Protected: Free speech, Religion, Association not protected: Obscenity: offensive words/pictures Profanity: swear words Libel: false written words, damaging a persons reputation * Slander: false spoken words, damaging persons rep. Fighting words: insulting words or intentions of inciting violence/breach of peace Clear and present danger: risking safety of others, calling fire when there’s no fire

1st Amendment protections:

Freedom of speech, religion and association

2nd Amendment protections:

The right to bear arms

14th Amendment protections

Equal civil rights/legal rights. Equal protection to all citizens. Due process/fair treatment

Inchoate crimes

known as incomplete crimes, are acts taken toward committing a crime or acts that constitute indirect participation in a crime.

Convictions v. Acquittals

Acquittal: Free (someone) from a criminal charge by a verdict of not guilty. Convictions: someone being found guilty of a crime

General Deterrence v. Specific Deterrence

Specific: prevents crime by frightening an individual General: frightening the public

Incapacitation vs Rehabilitation as punishment

Incapacitation prevents crime by removing a defendant from society. Rehabilitation prevents crime by altering a defendant’s behavior.

Retribution as punishment – Eye for an Eye

Retribution prevents future crime by removing the desire for personal avengement (in the form of assault, battery, and criminal homicide, for example) against the defendant.

Appellant

Appellant/Petitioner -- The party who lost in the district court/agency and filed the notice of appeal.

Appellee

Appellee/Respondent -- generally the party who won in the district court/agency. The appellee/ respondent generally wants this Court to affirm the decision of the district court or agency.

Principle of Proportionality

The idea that an action should not be more severe than is necessary, especially in a war or when punishing someone for a crime.