Intro To Criminal Law Flashcards
What year colonist declared independence from England
1776
What year delegates met to create the Constitution
1787
What year Bill of Rights made
1788
What year Ratification of the Bill of Rights
1791
What Amendment is freedom of speech and religion
1st Amendment
Search and seizures Amendment
4th Amendment
Capital or infamous crimes / tried by grand jury Amendment
5th Amendment
Right to Trial by Jury Amendment
6th
Due Process or Fair Process / every person protected by the Bill of Rights Amendment
14th
3 Branches of Government
Legislative, Executive, Judicial
Function of Legislative Branch
Make laws
Function of Executive Branch
Enforces laws
Function of Judicial Branch
Interpret laws
What Branch of government does law enforcement belong too
Executive branch
Function with the assistance and approval of the public and recognize police are members f the public
Peel’s Principles
Importance of SC State Constitution
- includes the Bill of Rights
- section 10 ( invasion of privacy )
- “particular requirement”
Function of US Supreme Court
Makes final determination whether laws are constitutional ( law of the land )
Writ of Certiorari
Petition for court to hear your case
Case Law
Common Law
Binding law
Mandatory for court to follow
Persuasive Law
Entitled to respect but does not have to follow
Elements of an Offense
Key points/proof state bars the burden of proving