exam 1 Flashcards
Weber’s conceptualization of the State?
the State holds a monopoly on the legitimate use of violence
Weber’s “ideal type”
mental construct - not necessarily morally ideal, but representative of a ‘type’
4th amendment
protects against unreasonable search and seizures
5th amendment
protects from self-incrimination, double jeopardy
6th amendment
right to a fair trial, attorney, impartial jury, right to know charges
8th amendment
no cruel and unusual punishment
14th amendment
established citizenship rights, equal protection under the law, due process
Mapp v. Ohio
evidence seized without a warrant cannot be used in state court criminal prosecutions
Miranda v. Arizona
law enforcement must inform you of your rights before interrogation or the statement cannot be used as evidence
Gideon v. Wainright
established right to an attorney (even if you can’t afford one)
deterrence
punish/threaten punishment to deter future crime
incapacitation
to prevent offenders from committing future crimes (holding in jail)
rehabilitation
criminals need assistance to be fully functioning members so they don’t re-offend
retribution
provide “justice” through harming the offender
restorative justice
individual who has done harm to community should attempt to “repair it”
actus reus
“the guilty act”, must be voluntary
mens rea
“the guilty mind”
affirmative defense
affirms the ‘facts of the case’ but denies criminal culpability
entrapment
government provided idea/means necessary to commit crime
homicide degrees (1,2,3)
1- pre-meditated
2- intentional
3- reckless, manslaughter
carroll doctrine
search inside car without warrant so car doesn’t leave, evidence doesn’t get damaged/lost
solicitation
requesting/commanding a crime be committed
