Law Final Flashcards
the unlawful carnal knowledge of a woman by a man forcible compulsion and penetration- no matter how slight
rape
adults having sexual relations with children under the age of 18
statutory rape
a person commits a lewd act that the individual knows is likely to be observed by others who would be affronted or alarmed
open lewdness
a person enters a building or occupied structure with the intent to commit a crime unless the building is open to the public (commercial) or consent to be in the building (residential)
burglary
a person enters the land of another without permission or with no legal right to be there- no intent to commit a crime but present
criminal trespass
the taking and carrying away of property that belongs to another without the owner’s consent and with the intention of depriving the owner of the goods permanently
larceny
the taking and carrying away of property that belongs to another without the owner’s consent and with the intention of depriving the owner of the goods permanently with use of force or threat of force
robbery
a person intentionally obtains or disposes of property of another- knowing or should have known that it was stolen
receiving stolen property
a person uses the internet to sell property gained through unlawful means
electronic fencing
using the victim’s personal information to obtain financial advantage
identity theft
the planning of a crime- anyone who participated can be charged and held liable for the actions of other; requires an overt act
conspiracy
timely withdrawel
defense
illegal actions perpetrated in a business setting
white collar crime
crime to protect oneself or others
defense of self and others
fail to appreciate what they are doing is wrong or don’t know the difference from right and wrong
insanity
police entice a person to commit a crime that he or she has no precious inclination to perpetrate
entrapment
only for murder- can negate a specific mental state such as the specific intent to kill
extreme intoxication
freedom against self incrimination; due process
fifth amendment
can’t prosecute someone twice for the same offense (doesn’t apply to preliminary hearings, certain federal crimes, or state crimes based on same criminal conduct)
double jeopardy
traditionally used when the defendant is charged with a capital or infamous crime in federal or some state courts
grand jury
not used in many states- today used to investigate government corruption, organized crime, and criminal conspiracies
state court
questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his or her freedom of action in any significant way
custodial interrogation
the right to remain silent, the right to have a lawyer present, the right to bail, and the right to have an attorney supplied by the government, if you cannot afford one
Miranda Warnings (Miranda v. Arizona)
can’t testify against self- only applies to spoken words
fifth amendment
spoken word or a compelled written offered as proof of truth in court; statements that are made in court by witnesses and are offered as proof of the matter asserted or of what is being discussed
testimonial evidence
handwriting sample, lineup, exposing scar
non-testimonial evidence
not admissible in court
polygraph
prohibits unlawful search and seizure and requires all warrants be issued upon probable cause- expectation of privacy
fourth amendment
needed when reasonable expectation of privacy
search warrant
affidavit of probable cause to search- sworn before a magistrate stating probable cause and specifically what is to be searched and what is being looked for
legal standard of probable cause
plain view, emergency, search incident, hot pursuit, consent, general to general police measure, stop and frisk (Terry search), motor vehicle code
exceptions to search warrant and probable cause
prohibits the use of any fruits or an illegal search to be used by the gov. in court- including illegal car searches
exclusionary rule
if the police have a reasonable and good faith belief that they were acting within the law pursuant to a search warrant, but a court determines that the warrant was defective, the illegally obtained evidence is admissible in court
good faith exception
done within six hours of the arrest and is to inform the suspect of the charges, set bail, and set date for a preliminary hearing
preliminary arraignment
will be kept and a warrant will be made out for your arrest if you don’t attend court dates
bail
for a judge to decide if there is enough evidence to warrant the defendant proceeding to trial (within three months, defendant must plead not guilty at the arraignment)
preliminary hearing
argument that certain evidence should be kept out of trial, certain persons can or cannot testify, or a case should be dismissed
pre-trial motions
choosing a jury, opening statements, witness testimony and cross-examination, closing arguments, jury instruction, jury deliberation and verdict
phases of trial
investigation into the history of defendant before sentence to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase harshness of the sentence
presentence report
mandatory minimums, defendants can be enrolled in programs instead of being placed in jail in some cases, probation
sentencing
does not know the difference between right and wrong- mental facility then released upon sanity
not guilty by reason of insanity
understands right from wrong- prison sentence
guilty but insane
prohibits punishment that is cruel and unusual and prohibits excessive bail
eighth amendment
legislature’s attempt to take away the sentencing decision from the judge so everyone will be treated equally
mandatory sentencing
16-23 people; replacement of preliminary hearing; no judge or defense lawyers; prosecution presents evidence to see if there is probable cause
grand jury
charging document when grand jury has reached its decision
indictment
abolished slavery in 1865
third amendment
made all persons born or naturalized in the US citizens, determined each person would be counted as a whole person (not Native Americans), established the equal protection clause and due process, and prohibited state from paying debt based on loss or emancipation of any slave (1867), Constitution applicable to all states
fourteenth amendment
gave the right to vote to all men regardless of race, color, or previous conditions of servitude (1870)
fifteenth amendment
1865-1877
reconstruction era
any African American born on American soil is a citizen; key is property ownership- not citizenship; not enforced until 1968 (granted newly freed black people right to sue, serve on juries, make contract, own and sell property
Civil Rights Act of 1866
equal treatment in public accommodations, public transportation, and to prohibit exclusion from jury service; deemed unconstitutional by the Civil Rights Cases (1883); included Civil Rights Act of 1964
Civil Rights Act of 1875 (Enforcement Act/ Force Act)
outlawed segregation in public accomodations and the workplace; created EEOC; landmark law
Civil Rights Act of 1964
prohibited racial discrimination in voting
Civil Rights Act of 1965
equal housing opportunites
Fair Housing Act of 1968 (Civil Rights Act of 1968)
prohibited discrimination in employment for those with disabilities
American with Disabilities Act of 1990
alien minors- conditional residency and citizenship
The Dream Act
enforces federal laws that make it illegal to discriminate against a job applicant or employee based on race, color, religion, sex, national origin, age, disability, or genetic information; illegal to discriminate against a person because they complained about discrimination, filed a charge, or participated in an investigation; investigates charges; can file lawsuits to protect rights of individuals or interests of the public
Civil Rights Legislation
laws that regulate interracial relationships including dating and marriage
miscegenation statutes
landmark case; penalized for marrying someone of the opposite race; courts deemed unconstitutional due to the Equal Protection Clause
Loving v. Virginia
attempts to achieve racial equality by recognizing that certain employers and educational facilities need to create affirmative goals so that the disadvantaged groups are placed upon a level playing field with other candidates during employment and admission decisions
affirmative action
increased chance of admittance
legacy preference
case: quotas are unconstitutional, but race is a legitimate factor to consider in admissions; two separate applications, one for minorities
Regents of the University of California v. Bakke
case: admissions process required modifications because race was too heavily weighted; educational diversity is a compelling state interest and the law school had a balanced approach in considering many factors for admission
Gratz v. Bollinger & Grutter v. Bollinger
Decision provided the legal authorization to maintain two separate societies within the United States
Plessy used a white coach instead of a coach designated for African Americans
Separate but equal doctrine
Plessy v. Ferguson
Free black people and slaves were not citizens of the United States and that slaves were property under the law
Congress could not limit the spread of slavery in territories - slavery had potential to become national and not a sectional institution
Increased anti-slavery sentiment and was a major impetus for Lincoln to win presidency in 1860 (which led to secession and Civil War)
Dred Scott v. Sandford (1857)
internment camps are legal- Japanese internment camps at the beginning of WWII
Korematsu v. US
Non-segregated schools
Landmark case
Sense of inferiority affects the child’s ability to learn
Doctrine of separate but equal is overturned
Brown v. Board of Education
