Introduction to the Justice System Flashcards
what are the OREGON sources of Law?
Oregon constitution, Oregon state legislator, Oregon courts.
No state congress can pass legislation that usurps the ________ _________?
Federal Constitution
What are the major components of the criminal justice system
Police, Prosecution, Courts, Corrections, Community corrections.
Who does the Prosecution represent?
The state (every person residing in the state than can be affected by the outcome of the ruling) and the victim
When can you conduct a search?
SIA (search incident to arrest), warrant, consent.
in a SIA (search incident to arrest), what are you searching for?
Weapons and means of escape
three stages of the Oregon justice system
violation, misdemeanor, felony.
Can you arrest for a violation?
No
misdemeanor: incarceration is usually UP TO a ____?
year
You have to have what for a felony charge?
Probable cause.
Felonies are incarcerations of _______ one year?
Over
a __________ hearing is a court proceeding that determines if there is enough evidence to try a defendant for a crime.
preliminary
what are the two main elements of criminal liability?
Culpable mental state, conduct (mens rea, actus reas)
what does INTENTIONALLY mean in regards to culpable mental states?
you have premeditation, malice aforethought, intent.
what does KNOWINGLY mean in regards to culpable mental state?
acts with an awareness that the conduct of the person is of a nature so described or that a circumstance so described exists
what does RECKLESS mean in regards to culpable mental state?
consciously disregards a substantial and unjustifiable risk
what does criminal NEGLIGENCE mean in regards to culpable mental state?
fails to be aware of a substantial and unjustifiable risk
if you can prove INTENTIONALLY as a culpable mental state, all others are validated under the umbrella of other mental states. T or F?
True
when is strangulation most generally a class c felony and not just a misdemeanor?
domestic violence. (victim is a household member)
what is the least serious offense that classifies as assault IIII?
criminal negligence causes serious physical injury to another who is a vulnerable user of a public way (by use of a motor vehicle) ie…hitting a construction or utility worker.
A person is criminally liable for the conduct of another person constituting a crime if
1)SOLICITS or commands such other person to commit the crime
2)AIDS or abets or AGREES or attempts to aid or abet such other person in planning or committing the crime
3)Having a legal duty to PREVENT the commission of the crime, FAILS to make an effort the person is legally required to make
can you hold someone accountable as an accomplice to a crime “after the fact” in Oregon?
No, there was no way for that person to PREVENT the commission of the crime.
intentionally engages in conduct which constitutes a substantial step toward commission of the crime.
attempt
A person commits the crime of __________ if with the intent of causing another to engage in specific conduct constituting a crime
solicitation
