Exam 2 Flashcards
Supremacy Clause of the US Constitution
Article VI, Paragraph 2 establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government’s exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.
Two equal protection clauses in the US Constitution
Fifth amendment: US government
Fourteenth amendment: States
Speech unprotected by the first amendment
Speech that leads to imminent lawless action, directed toward a specific person or group, direct call to immediate lawless action, expectation speech will lead to lawless action
Court’s power of judicial review
The ability of the court to declare a Legislative or Executive action in violation of the constitution. (1803)
Location of Declaration of Rights in the Alaska Constitution
Article I
Location of Declaration of Rights in the Alaska Constitution
Article I
Source of right to privacy in Alaska Constitution
Article I, Section 22
Procedural due process
Process used to try and convict defendants accused of crimes
Substantive due process
Allowing courts to prevent government interference with fundamental rights
First amendment rights and protections
Freedom of speech, the press, assembly, right to petition the government for a redress of grievances
Speech protection under first amendment
Freedom of speech granted as long as it doesn’t lead to imminent lawless action.
Speech protection under Alaska constitution
Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.
Fourth amendment rights
Unreasonable search and seizure
Fifth amendment rights
Grand jury requirement for capital cases, double jeopardy protection, don’t have to testify against yourself, can’t be sentenced without a trial, personal property can’t be taken for public use without compensation.
Fifth amendment rights
Grand jury requirement for capital cases, double jeopardy protection, don’t have to testify against yourself, can’t be sentenced without a trial, personal property can’t be taken for public use without compensation.
Sixth amendment rights
Speedy trial, understand what you’re charged with, a jury, confront witnesses against you, obtain witnesses in your defense, counsel.
14th amendment incorporation doctrine
Parts of the first ten amendments in the constitution are made applicable to states through the due process clause of the 14th amendment.
14th amendment incorporation doctrine
Parts of the first ten amendments in the constitution are made applicable to states through the due process clause of the 14th amendment.
14th amendment equal protection clause
Requires states to practice equal protection
Roe v Wade
1973 right to choose to have an abortion
McDonald v Chicago
2010 right to keep and bear arms
NY Times v Sullivan
1964 freedom of speech protections limit public officials for suing for defamation of character
NY Times v Sullivan
1964 freedom of speech protections limit public officials for suing for defamation of character
NY Times v Sullivan
freedom of speech protections limit public officials for suing for defamation of character
Goss v Lopez
students facing temp suspension have the right to due process
Miranda v AZ
arrested individual is entitled to rights against self-discrimination and to an attorney
Miranda v AZ
arrested individual is entitled to rights against self-discrimination and to an attorney
Gideon v Wainright
all defendants have a right to counsel
Mapp v OH
evidence seized illegally can’t be used in prosecution
Brown v Board of Education
separating children in public schools based on race is unconstitutional
Plessy v Ferguson
segregation is legal but facilities for each race must be equal in quality
McCulloch v MD
Congress can have banks that states can’t tax.
Marbury v Madison
Congress doesn’t have the power to pass laws that override the constitution.
Basis of criminal law and shift from common law to statutory definitions
no crime without law; no punishment without law; forbidding conduct has to be enacted BEFORE convicting or punishing anyone for it.
Burden of proof in a civil case
Preponderance of the evidence
Burden of proof in a criminal case
Beyond a reasonable doubt
Mens rea
mental state
mental states in criminal law
purposeful, knowing, reckless, negligent
Actus reus
Physical action or absence of required physical action
Purposes of criminal law
Deterrence, rehabilitation, incapacitation, retribution
Retribution and principles of criminal administration in Alaska
Need to protect public, community condemnation (not retribution), victims rights, restitution of offender, principle of reformation
Persons, things against who crimes may be committed
persons, property or the public interest
Title 11 of the AK statutes and source of the elements of crime in AK
11.81 intentionally, knowingly, recklessly, criminal negligence
Abolition of common law crimes and purposes
Fail to give proper notice, lack of public knowledge reduces compliance, legislators (not courts) should be the primary definers of crimes, lack of statutory definition leaves rules subject to interpretation
Local ordinances
Law enacted by a local government (rules and regulations governing public activity in the community)
Primary focus of Juvenile Justice
Rehabilitation
Juvenile justice and 8th amendment holding in Miller v AL
Cruel & unusual punishment to sentence juveniles to life without
Search warrants and standard of proof
Before entering a persons home or searching their car, the must obtain a warrant based on probable cause.
Exceptions to warrant requirement
Incident to lawful arrest, items in plain view, consent, stop-and-frisk, automobile, hot pursuit and exigent circumstances
Exceptions to warrant requirement
Incident to lawful arrest, items in plain view, consent, stop-and-frisk, automobile, hot pursuit and exigent circumstances
Exclusionary rule
Prohibits the use of illegally obtained evidence in a criminal trial
Arrest vs investigatory stop (Beltz v State of AK)
Investigatory stop: reasonable suspicion imminent danger exists.
Arrest: physical seizure.
Homicide
taking of the life of a human being (manslaughter, justified)
Murder
with intent or death caused in the course of a felony
Defenses to criminal charges
Affirmative, justification, excuse
Involuntary intoxication
Common law defense valid in AK
Sources of criminal procedure law in AK (Title 12 & AK rules of court)
State & federal statutes, state & federal agency regulations, local ordinances, state & federal constitutions, case law
Burden of proof on affirmative defenses
Defendant has burden of proof
