chapter one/two Flashcards
Criminal Matters
state/public have declared an interest
Ex: assault or murder
Civil Matters
Civil matters: private wrong such as a tort or contract violation (tort)
Ex: money or breach in agreement
Torts: What are they
A private wrong against an individual.
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.
Bench trials
A trial in front of judges
Jury trials
A trial with the community in the stands
Sources of Criminal law
o Substantive Law o Procedural Law o Administrative Law o Common Law o Judge-Made Law o Statutory Law
Sources of law acronym
SUBPRO ADCO JUST
Substantive, procedural. Administrative, common. Judge-made statutory
Statutory Law
Statutory Law is the term used to define written laws.
Usually enacted by a legislative body.
Judge-Made Law
Based on the past decisions of other judges in past cases Interpretations of codes common law ordinances administrative law.
Common Law
The earliest type of law.
Common law is a body of unwritten laws based on legal precedents established by the courts.
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.
Substantive Law
Public laws defining the conduct
Burglary, arson, murder.
Consecutive sentences
Consecutive sentences = MATH required; add all sentences that are to run consecutively – meaning one after the other
Concurrent sentences
Concurrent sentences = all sentences imposed by the judge are to run at the same time
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.
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.
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.
