Intro Criminal Law Flashcards

1
Q

The first 10 amendments are known as the

A

Bill or Rights

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2
Q

In 1776 colonist declared

A

Independence from England

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3
Q

In 1787 delegates met in Philadelphia to begin work on

A

the constitution

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4
Q

In 1788 the ____was proposed after the constitution was ratified

A

Bill of Rights

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5
Q

In 1791 the bill of rights were

A

ratified

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6
Q

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

A

1st amendment

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7
Q

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized

A

4th amendment

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8
Q

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be witness against himself, nor be deprived of
life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

A

5th amendment

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9
Q

The accused shall enjoy the right to a speedy and public trial,
by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense

A

6th Amendment

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10
Q

Due Process

A

14th Amendment

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11
Q

____ is defined in Black’s Law Dictionary (2019) as “the conduct of legal proceedings according to established rules and principles for the protection and enforcement of private rights, including notice and the right to a fair hearing before a
tribunal with the power to decide the case.”

A

Due Process

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12
Q

3 branches of government

A

Legislative, Executive, Judicial

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13
Q

Which branch of government belongs to law enforcement?

A

Executive

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14
Q

Role of this branch of government is to make laws by writing and passing new legislation, also by amending and repealing existing laws

A

Legislative

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15
Q

Role of this branch of government is to enforce the law

A

Executive

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16
Q

Role of this branch is to interpret the laws

A

Judicial

17
Q

basic mission for which police exist is to prevent crime and disorder, is dependent upon public approval of police existence, degree of cooperation of the public diminishes proportionately to the necessity for the use of physical force, the police seek and preserve public favor by constantly demonstrating absolutely impartial service, police are the public and the public are the
police; the police are the only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen

A

Peel’s Principles of Modern Law Enforcement

18
Q

Importance of SC State Constitution

A

SECTION 10. Searches and seizures; invasions of privacy, South Carolina requires the information sought pursuant to a warrant to be stated specifically

19
Q

The judicial power of the US shall be vested in one

A

Supreme Court

20
Q

The Supreme Court Makes the final determination as to whether laws are___; this is the court of___

A

Constitutional, last resort

21
Q

How many members make up the Supreme Court

A

9

22
Q

How many cases will the supreme court hear in a given year

A

approx 80

23
Q

if the supreme court decides to hear a case it will grant a

A

writ of certiorari

24
Q

the president nominates candidates to the supreme court, and they are confirmed by

A

majority vote of the senate

25
Q

is the body of prior judicial decisions that guide judges deciding issues before them

A

Case Law

26
Q

Which courts give us binding case law?

A

SC Supreme Court and Court of Appeals

27
Q

In order to obtain a conviction, the state must provide proof on each and every element of the offense charged

A

Elements of an offense