i. rule of law Flashcards
chapter four, rule of laws. days one - four
two types of law
criminal and civil
crimes committed against individuals are considered an offense against the __.
state
a violation of civil laws and considered a private matter between individuals
tort
sherrif’s office takes care of these laws
civil
if the offender is considered responsible (___), they have committed a tort.
liable
the body of law that defines criminal offenses and their penalties; governs what people may legally do and not do.
substantive
the body of law that govens the ways in which the substantive laws are administered; how they’re arrested, searched, interrogated, tried, and punished.
procedural
refers to the legitimate source of the criminal law; only violations of rules made by the state are crimes
politicality
refers to the scope of criminal law; civil law can be general in scope but criminal law should have strict definitions of specific acts.
specificity
the applicability of the criminal law to all persons
regularity
reforms to the way in which the criminal law should be enforced
uniformity
the principle that violators will be punished or at least threatened with punishments by the state.
penal sanction
pay victim back to make them whole again
restitution
the first laws were created about ___ years ago.
five thousand
number of laws from the code of hammurabi
two hundred and eighty-five
the criminal law of the us, for the most part, is derived from _______.
the laws of england
the decision that forms a potential basis for deciding the outomes of similar cases in the future
precedent
the principle of using precendents to guide future decisions in court cases
stare decisis
the laws of cities and towns
ordinances
officers must have ___ before a judicial officer can leagally issue a search or arrest warrant
probable cause
officers seeking a search warrant must specify in a signed ___ (a written and sworn declaration, and the facts that establish probable cause)
affidavit
search warrants are _____ to be served in a reasonable time
required
maryland officers have ____ days to serve warrants
fifteen
judges can authorize ________ warrants in suspicion of dangerous suspect or weapons
“no knock”
in the course of conducting a legal search, officers discover _____ or evidence of a crime not covered by the warrant, they may seize that evidence under the ________ exeption.
i. contraband
ii. plain-view
most arrests are made without a ____
warrant
and arrest warrent is issured to someone if substantial and trustworthy evidence supports these two conclusion
i. a violation of the law that has been committed
ii. the person to be arrested committed the violation
the ___ amendment requres a warrant signed by a judge to authorize a search for seizure of evidence of criminal activity
fourth
before ‘69, an officer arrested a suspect they could legally search, without a warrant, the entire premises surrounding the arrest. this is called __________.
search incident to arrest
_____ v. ___________, the supreme court lilmited the scope of seraches incident to arrest. they restricted areas searched to the area within the suspect’s immediate control.
Chimel v. California
_____ v. ________, officers may search the passenger compartment and contents of any opened orclosed containers in the compartment.
New York v. Belton
_____ v. _____, added the trunk.
US v. Boss
__________ v. __________, allowed police, with pc, to search the passenger’s belongings.
Wyoming v. Houghton
__________ v. _____, relooked Belton. can only search passenger compartment during an arrest if it is reasonable belive that arrestee might access the vehicle at any time or if it contains evidence of the offense.
Arizona v. Gant
___ v. __, plain-view doctrine
Harris v. US
_____ v. _____, protective sweeps.
Maryland v. Buie
allows officers more freedom to search or enter a room if they thing of danger; hot pursuit of suspects; prevent the imminent destruction of evidence
exigent circumstances doctrine
__________________ v. _________, concent searches
Schenckloth v. Bustamonte
standard of proof with least certainty (gut feeling)
mere suspicion
more than a gut feeling, ability to articulate reasons for the suspicion.
reasonable suspicion
the amount of proof necessary for a reasonably intelligent person to believe that a crime has been committed or that items connected with criminal activiy can be found in a particulat place; proof necessary to make an arrest.
probable cause
evidence that more likely than not outweighs the opposing evidence, or sufficient evidence to overcome doubt or speculation
preponderance of evidence
necessary to find a defendant guilty in a criminal trial
beyond a reasonable doubt
_________ v. _______, the court upheld the definition of reasonable doubt
Sandoval v. California
the standard of proof required for a judicial officer to deny bail in cases involving capital felonies
presumption great OR proof evident
amount needed to win a lawsuit
fifty-one percent
amount needed to win a criminal case
ninety-five percent
