CJS Unit 1

Question 1

What are the four forms of Activism

Answer 1

Education, Civil disobedience, Guerilla tactics, Civil Lawsuits

Question 2

Name the 7 main parts to justice

Answer 2

Equality/Fairness
What is right and ethical
Getting what is deserved
Punish the guilty 
Rights and freedom 
Keeping order and control 
Upholding the law

Question 3

What does the first Amendment state

Answer 3

Freedom of speech, religion and petition to the press

Question 4

State the second Amendment

Answer 4

The right to bear arms

Question 5

Amendment 3

Answer 5

You cannot isolate soldiers

Question 6

Amendment 4

Answer 6

No unreasonable search and details

Question 7

Amendment V

Answer 7

You must have a Grand Jury for a death penalty case, No double jeopardy (cannot be convicted for the same case twice), cannot be a witness against yourself.

Question 8

Amendment VI

Answer 8

You have the right to a speedy trial if you are convicted of a crime

Question 9

Amendment VII

Answer 9

You have the right to go to court if more than 20 bucks is involved

Question 10

Amendment VIII

Answer 10

No excessive bail, cruel and unusual punishment

Question 11

Amendment X

Answer 11

The powers not delegated to the united states by the constitution

Question 12

Types of Legal System

Answer 12

Common Law system (USA)
Civil Law
Islamic Law System

Question 13

Common Law vs Civil Law

Answer 13

1066: Norman conquests of England by William I, known as Williams the Conqueror
1086: Williams I makes record of customs in “Doomsday”
1164: Constitution of Clarendon define common customs
Late 13th Century: Court begins keeping records

Question 14

Common Law-Key Events

Answer 14

Late 13th Century: Court begins keeping records
Precedent or stare decisis
Importance of procedural law
Courts ultimately decide the law
Factual guilt or legal guilt
Law school training emphasizes case study and trial practice
Crime is against the state not to the victim (“Pay your debt to society”)
Court Transcripts
Common Law Marriage
Definitions of many crimes (Arson, burglary, bribery, conspiracy, disorderly conduct, homicide, kidnapping, perjury, rape, treason and vagrancy)
Some criminal defenses (insanity, intoxication, infancy)
dea of criminal intent

Question 15

Levels of Court Common Law

Answer 15

Lower Court (initial charges or bail)
Trial Court
Appellate Court (Request of a new trial)
Trial de novo

Question 16

Civil Law System

Answer 16

The Continental system (Rose in France)

The Napoleonic System (Proposed by Napolian)

Question 17

Civil System Key Ideas

Answer 17

Corpus Juris Civilis (529 BCE)
Twelve Tables of Rome (450 BCE)
Canon Law (590)
1804: Napoleon begins compiling laws into Napoleonic Code
Laws come from the legislature
There is no precedent
Ideally judges and lawyers are relatively weak
Legal scholars have great influence
Ideally judges and lawyers are relatively weak
Legal scholars have great influence

Question 18

Constitutional Courts:

Answer 18

Assess Inconsistencies in the law and if necessary. Send Law back to the Legislatures.

Question 19

Judges in Civil Law Systems

Answer 19

Civil Servants (must take a service test to become a judge)
Special schooling 
No prior trial experience 
Work in panels
Control flow of proceedings

Question 20

Civil Law System Stages in the Process

Answer 20

Preliminary Stage
Evidence-Taking Stage
Decision-Making a final Stage