fuck test Flashcards

1
Q

What are ethics?

A

Ethics are the moral principles that govern a person’s behavior or the conducting of an activity.

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2
Q

What are the implications of ethics in Policing?

A

Ethics in policing involve the standards of conduct expected from law enforcement officers.

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3
Q

What does ethics in the legal system have to do with Criminal Justice?

A

Ethics in the legal system ensure that justice is served fairly and impartially.

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4
Q

What players must be ethical in the legal system?

A

Lawyers, judges, and law enforcement officers must all adhere to ethical standards.

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5
Q

What are the implications if legal professionals are not ethical?

A

Unethical behavior can lead to miscarriages of justice and loss of public trust.

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6
Q

What is the importance of law?

A

Laws serve as the written embodiment of society’s ethics and morals.

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7
Q

What is Formal Law?

A

Formal Law refers to the written rules of society.

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8
Q

What is Natural Law?

A

Natural Law is the belief that some laws are inherent in the natural world.

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9
Q

What is Positivist Law?

A

Positivist Law is human-made law, which is fallible by nature.

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10
Q

What are Good Samaritan Laws?

A

Good Samaritan Laws make it a crime not to stop and assist someone in need.

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11
Q

What is the Social Contract in relation to law?

A

The Social Contract dictates limits on behavior and protects individuals from state abuses.

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12
Q

What are the Four Justifications for Law?

A
  1. Preventing Harm to Others
  2. Preventing Offensive Behavior
  3. Preventing Harm to Self
  4. Preventing Harm to Societal Morals
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13
Q

What is Legal Paternalism?

A

Legal Paternalism refers to laws designed to protect individuals from their own actions.

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14
Q

What is Legal Moralism?

A

Legal Moralism justifies laws that protect and enforce societal morals.

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15
Q

What is the Consensus Paradigm?

A

The Consensus Paradigm suggests that most people share similar beliefs and values, reflected in laws.

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16
Q

What is the Conflict Paradigm?

A

The Conflict Paradigm views law as a tool for those in power to maintain control and define crime.

17
Q

What is the Pluralist Paradigm?

A

The Pluralist Paradigm recognizes many groups in society that form dynamic exchanges of power.

18
Q

What is the Wedding Cake Model of Justice?

A

The Wedding Cake Model illustrates how most criminal cases receive less due process than serious cases.

19
Q

What was the ruling in Gideon v. Wainwright (1963)?

A

The ruling established that indigent defendants must be provided legal representation.

20
Q

What are the Model Rules of Professional Conduct?

A

These are the guiding ethical standards for attorneys established by the ABA.

21
Q

What is Section 3.8 of the Model Rules?

A

It relates to Prosecutorial Conduct and was added to address issues of wrongful convictions.

22
Q

What ethical issues do prosecutors face?

A

Prosecutors may have exemptions that allow them to induce witnesses and communicate without defense lawyers present.

23
Q

What is the ABA’s Model Code of Judicial Conduct?

A

It provides ethical guidelines for judges, emphasizing impartiality.

24
Q

What is the primary theme of the Model Code of Judicial Conduct?

A

The primary theme is impartiality, avoiding personal bias in judicial decisions.

25
What is the dilemma of being a Legal Agent vs. a Moral Agent?
The dilemma involves whether an attorney should prioritize client loyalty or adhere to their own moral code.
26
What is the ABA rule regarding withdrawal from representation?
An attorney can withdraw if a client insists on pursuing an avenue considered repugnant or imprudent.
27
What did Faretta v. California (1975) establish?
It established that a defendant cannot be forced to accept legal representation.