exam 2 ch. 7&8

Question 1

When and where was Islam formed?

Answer 1

It was formed in the city of Mecca, Arabia in the early 600”s AD

Question 2

What is theQur’an?

Answer 2

The Islamic sacred book,Koran

Question 3

What are the Shari’a and what does the term mean?

Answer 3

The laws of Islam, meaning “the path to follow”

Question 4

What are the two primary sources of Islamic law?

Answer 4

1. the Qur’an

2. The Sunnah- teaching of Muhammad that are not in the Qur’an

Question 5

What are the secondary sources of Islamic law?

Answer 5

1. The consensus of the Muslim community- agreement among religious leaders
2. Analogical reasoning- where the law can adapt to new situations while remaining true to the spirt of the Qur’an and the Sunnah

Question 6

Under Islamic law who can be considered a victim?

Answer 6

Gods or the individual, no crimes against the “state”

Question 7

What are the three categories of crime under Islamic law?

Answer 7

1. Hudud offenses- against god
2. Quesas offenses- against person
3. Ta’zir offenses- private wrongs against persons.. Not God at all

Question 8

What offenses are considered Hudud offenses?

Answer 8

Apostasy- followers of Islam who voluntarily renounce Islam or its beliefs
Armed rebellion- attacks against the state with the intention of overthrowing it or giving aid to its enemies
Theft- take the property of another in secret manner
Highway robbery- includes both robbing highway travelers and murdering them
Defamation- false accusation od extramarital sex without a standard of proof
Drinking alcohol

Question 9

How does the Islamic law approach to murder differ from that in common law or civil law traditions?

Answer 9

In Islamic law neither homicide nor battery is a crime against the state or society. Instead, they are seen as personal matters between individuals in which the state acts only as the neutral mediator

Question 10

What is honor killing and how does Islamic law respond to honor killing?

Answer 10

Honor killings is killing of a female who has harmed the family name by having sex outside of marriage or by marrying a man unacceptable to the father/male guardian.
Responds with a stalemate

Question 11

What is the purpose of punishment for ta’zir offenses?

Answer 11

To reform/ rehabilitate the offender

Question 12

What are some key elements of criminal procedure under Islamic law?

Answer 12

The accused are innocent until proven guilty beyond a reasonable doubt.
People accused of crimes are not held in confinement while waiting for trial.
Authorities are forbidden from using torture to force a confession from the accused.
At trial the accused has the right to a fair and impartial trail, to present a defense, to have an attorney to assist defense, and to appear before judge.

Question 13

What are some of the affirmative defenses allowed under Islamic law?

Answer 13

1. Insanity
2. Intoxication
3. Infancy
4. Coercion
5. Necessity
6. Mistake
7. Self-defense

Question 14

What are Islamic law judges called?

Answer 14

Qadi

Question 15

What are some of the basic principles that guide Islamic law?

Answer 15

All law ultimately flows with the Qur’an and the Sunnah and must be consistent with the teachings of Muhammad.
Qur’an and Sunnah emphasize compassion and forgiveness.
Under Islamic criminal law, when judges are allowed discretion in sentencing, they must give the greatest weigh to punishment that consider the general public interest.
Considerable emphasis on the rights of individuals and on fundamental fairness in the process of justice

Question 16

What was the “republican code movement”?

Answer 16

Placed a greater emphasis on law making in popularly elected institutions (legislatures).
Led to drift away from a pure common law system and to draw in elements of a civil justice system

Question 17

What is “bureaucratic justice”?

Answer 17

States that the focus on procedure reflects a belief that orderly, predictable, fair processing will guarantee justice

Question 18

What are some of the ways in which our system of government was designed to keep the criminal justice system from being too speedy or too efficient?

Answer 18

Bill of rights and case law, both keep the law from becoming too efficient because they must be worked around as well as integrated into convictions and legal proceedings

Question 19

What is meant by the “fruit of the poisonous tree”?

Answer 19

Refers to evidence that may be excluded in trail because it was obtained illegally thus tainting it in the case

Question 20

What happens at the arraignment?

Answer 20

The defendant stands before the judge and is told of the charges and is asked how he pleads (guilty or not-guilty)

Question 21

What is jury nullification?

Answer 21

Jury finds the defendant innocent despite overwhelming evidence to the contrary

Question 22

What is “civil death”?

Answer 22

Principles permanently take away many of the prisoners’ rights as citizens (ex) voting or holding public office

Question 23

When did formal profiling begin in the U.S. and for what kind of crime was it used?

Answer 23

In the 1960’s used for hijacking crimes

Question 24

How well has formal profiling worked to locate serial killers?

Answer 24

Hasn’t really worked, one would be hard pressed to find a serial killer who was caught because f profile

Question 25

How successful has drug courier profiling on the highways been, and how have different racial groups been affected when these profiles are used?

Answer 25

Pretty efficient, event thought “hit rates” to stop statistics would argue that.
Different racial groups affected because one is the most significant attributes of it was their race/ ethnicity.

Question 26

How do minority groups differ in the extent to which they are stopped on the street and are then found to have weapons?

Answer 26

Whites are less likely to be stopped than blacks or Latinos, but are more likely to actually be carrying weapon

Question 27

According to the best available evidence, about how many wrongful convictions happen each year?

Answer 27

About 10,00 wrongful convictions each year

Question 28

Why did Illinois Governor George Ryan declare a halt to the death penalty in Illinois?

Answer 28

Declared a halt because new evidence declared innocence of 13 individuals on death row

Question 29

What are some of the ways in which innocent individuals are wrongfully convicted?

Answer 29

Witnesses are mistaken, witnesses lie, police coerce suspect to falsely confess, laboratory technicians falsify repot, prosecutors conceal evidence of innocence from defense

Question 30

What is the most common reason why an innocent person is wrongfully convicted?

Answer 30

Eye witness error, which probably accounts for more than half of all wrongful convictions

Question 31

To maximize justice should the criminal justice system emphasize due process or expediency?

Answer 31

More emphasis on due process