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