Final Flashcards
Identify and describe the three major components of the United States Justice System
- law enforcement: enforces criminal law by giving citations, warnings, and detaining those in violation of the law
~ example: police officer
-courts: enforces civil law by deciding sentences or punishments for those who violated the law
~example: federal court
-corrections: enforces the law by carrying out the sentences the courts decided
~example: county jail
What is equal protection? Where is the right to equal protection expressly stated in the United States Constitution
- equal protection: the right that no two groups of people can be treated dissimilarly under the law
- it is expressly stated in the 14th amendment
What is the primary source of statutory authority for criminal law in California
-california penal code
~example: S 187: explicitly defines what is considered homicide; have both intent and act
What is the primary difference between substantive and procedural due process? Where is the right to due process expressly stated in the United States Constitution
- substantive due process: expectations to life, liberty, and property
- procedural due process: the requirement to be notified and receive a hearing
- expressly stated in the 14th amendment
Identify and provide an example for each of the primary sources of legal authority in the United States
-constitution: explains our “inalienable rights”
~example: bill of rights first amendment
-california penal code: specifies what qualifies as different crimes in california
~example: 187 which specifies the crime of homicide
-caselaw: details the outcome of cases
~example: Buck v Bell which describes a case where the SC ruled it was ok to take out her fallopian tubes because of her degenerate family
Identify and explain three encounters/ interactions with law enforcement
-consensual interaction: LE engages in conversations with people where the citizen is not compelled to stay
~example: seeing an officer and a random person has a conversation about the weather
-detention for purposes of investigation: LE believes someone is engaged in criminal activity, so they ask to interrogate them in their offices; they are compelled to stay
~example: officer has reasonable suspicion that someone has committed a crime, so they ask them to come to their department
-custody/ arrest: whoever is suspected of a crime is and proven guilty will be arrested
~example: an officer finds evidence that proves the person they detained for purposes of investigation is guilty, so they arrest them.
What is a crime? Typically, what must a prosecutor prove beyond reasonable doubt to show a crime has occurred
-crime: violation of a penal code
-there was act and intent when a crime was commited (actus rea and mens rea)
~example: someone is suspected of committing homicide, in order for them to be found guilty, they must have committed the crime as well as intending to commit the crime. if they do, then the person can be found guilty of that crime
What is Habeas Corpus? Why might this concept be significant to a person living on death row
- habeas corpus: individuals right to contest confinement in a trial
- someone can argue their incarcerated confinement violates the law and because of this, they should be able to leave which can lead to another trial
- found in article 1 section 9
What is meant by the “tension” that exists between the government’s interest to control crime and individual expectations of due process? Provide an example
-the tension exists because of cases where those in charge of enforcing the law violate it
~example: Carrie Buck bc she was treated dissimilarly but those in charge of the law, SC, allowed it to happen
Identify and explain five objectives of criminal punishment
-retribution: proportionate sentence for a crime committed
~example: electric chair for a serial killer
-detterance: general: enough punishment to make other people not want to commit the crime; primary: enough punishment to make the person not want to commit the crime again
~example: placing jails in unwanted places because the person will not want to come back, and those who know the location will not want to go there
-incapacitation: keeping a dangerous person in an area safe from themselves and others
~example: incarcerating those who are deviant
-rehabilitation: helping those released from jails assimilate back into the community
~example: helping them get jobs
-restitution: making those who have been affected whole again
~example: eric garner’s daughter receiving millions of dollars
Briefly explain the relationship between Articles I, II, and III of the US Constitution. What does “checking and balancing government power through the separation” mean
- article i: legislative branch
- article ii: executive branch
- article iii: judicial branch
- government is set up so that each branch of government is being double checked by one other branch of government to ensure the most fair democratic leadership and decisions are made
What is social contract theory? Provide an example
-people give their individual freedom to the government in return for peace and protection
-we can regain our freedom if the government is no longer keeping their end of the deal
~example: Cohen breaking the theory by breaking laws while working for Trump so he is going to jail
What is the rule regarding police use of force? Is excessive force ever justified? Why
-the rule is to use reasonable force
-no excessive force is never justified because excessive is beyond reasonable, and reasonable is the law
~example: garner died because the officers used a force that was lethal which in a situation with an unarmed individual is excessive, but the officers avoided jail time by “reasonable” suspicious of great bodily injury or death
In response to our recent class discussion regarding the March 18, 2018, officer involved shooting death of 22 year old Stephon Clark in Sacramento, California, what problem is Assembly Bill 392, also known as the California Act to Save Lives, calculated to target? In your opinion, will AB 392 provide a sustainable legislative solution to this problem?Why
- this is calculated to target officer involved use of deadly force
- it will help with the rising numbers of officer involved deaths, because officers react this way from lack of proper deescalation training. they do not know how to behave in their high stress situations, so a better program to teach them other ways to solve this situations will help over time. however this will not be the end all be all.
What is Deviance? Does the testimony of Michael Cohen suggest deviant behavior by anyone associated with the United States justice system? Why
- deviance is the disobedience of our nations social contract
- it suggests trumps deviant behavior because he claims he partook in adultery as well as committing terrorist acts with the alleged wikileaks file. these acts are illegal on their own, but when committed by a president, they are impeachable offenses.
What is the purpose of a witness? What is the most important characteristic of a percipient witness? Must a witness be credible? Why
-provide testimonial evidence from writing and words
-credibility because their responses help determine the outcome of a case and lies can sway a decision which is why it is illegal
~example of an expert witness: dan white killed two people and although he did commit the act, his senses were impaired according to the expert witness because o the amount of coke and twinkies in his system
Explain, compare and contrast the Consensus and Conflict models of the justice system reviewed in class
-consensus: justice system is fair because of our promise of life, liberty, and property is maintained eventually
~example: martin luther king
-conflict: justice system is flawed because the minority of those who elite control the majority; tools are given to the oppressor
~example: malcolm x
What does “impeachment” mean? What sources of constitutional authority provide guidance in regard to this concept
-of credibility
~example: proving dishonesty
-process of impeaching an elected official
~example: trying to prove an elected official has committed treason, high crimes, or misdemeanors
-actual impeachment
~example: they went through he process and were found guilty and will be removed from office
-article 2 section 4: four reasons for impeachemnt
-article 3 section 3: treason and how someone can be charged with it
~example: aaron burr killed hamilton but was not charged because in order to have a crime of treason there needs at least two witnesses or a confession and there was only 1 witness as well as him not confessing
Explain the primary purpose and identify the rights reflected in the Fourth Amendment to the United States Constitution. Under what two scenarios might a warrant be issued? Identify and describe three components to a valid warrant?
-give people the right to be secured in their persons against unreasonable search and seizure without probable cause
-can only be searched and seized with a warrant specifying what they will search and/or seize
-warrants can only be attained when all 3 things occur: neutral and detached magistrate, probable cause, and a statement of particularly of what/who will be searched/ seized
~example: if an officer has reasonable suspicion someone has drugs within their home, they must first go through all three components to get a valid warrant because they can legally search that person home
What elements must be proven beyond reasonable doubt in California to convict for violation of Peal Code 211? Why is this the most feared crime
-there must both be larceny and assault which means there must be both a felonious taking involving both fear and force
-occurs the most often
~example: if someone threatens to kill someone if they do not give them all of the money in their car then they have committed robbery because there was both assault and larceny
Identify and explain the three most significant concepts presented in our class so far this semester. Provide examples to support your assertions (1/3)
-conflict and consensus: antithetical viewpoints that define ways to see JS
~conflict: flawed system; minority elite rule the majority; ruled by the man
~consensus: fair system; equal system where everyone has an equal chance; meets expectation of life, liberty, and property
~conflict man: Malcolm X
~consensus man: MLK
Identify and explain the three most significant concepts presented in our class so far this semester. Provide examples to support your assertions (2/3)
-government separation of powers
-3 divisions: legislative branch, executive branch, and judicial branch
~creates a division of powers which makes the government stay a fair democracy known as checks and balances
~checks and balances: each branch is allowed to check the power of one other branch to keep the system fair and no one has a tyranny
Identify and explain the three most significant concepts presented in our class so far this semester. Provide examples to support your assertions (3/3)
- CPC 211 which is robbery: felonious taking involving force and fear of personal property from another
- must be larceny of another’s property and assault involved when the crime occurs
- most feared crime because it occurs the most often
In your opinion, should juveniles be tried as adults? Why? Provide an example to support your assertion
- no they should not, however juveniles who commit crimes such as homicide should be given half of the amount of sentencing an adult would have
- although children are still developing and can change, a child who can consciously determine they want to kill someone and does should be cared after in a facility to try and reform them; they are too dangerous to be with the rest of the public
- children should be treated with the idea of reform rather than punishment
