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Crime and Civil liberties > Lesson 1 > Flashcards

Lesson 1 Flashcards

1
Q

Criminal procedure

A

steps law enforcement must take to get through the maze to catch the criminal

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2
Q

Important rights

A

4th, 5th, 6th and 8th amendments

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3
Q

1st amendment

A

right to free speech

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4
Q

2nd amendment

A

right to bear arms

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5
Q

3rd amendment

A

quartering of soldiers

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6
Q

4th amendment

A

search and seizure

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7
Q

5th amendment

A

due proccess

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8
Q

6th amendment

A

right to an attorney

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9
Q

7th amendment

A

civil cases

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10
Q

8th amendment

A

cruel and unusual punishment

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11
Q

14 amendment

A

the states must provide the preceding rights to their citizens

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12
Q

statues:

A

how legislatures provide specific details on how the constitutional rights should be protected.
-also called the legal code or penal code

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13
Q

Case law:

A

the court explains how the constituional promises apply in everyday sisutations

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14
Q

Theories of incorporation

A
  1. ) selective incorporation
  2. ) total incorporation
  3. ) total incorporation plus
  4. ) case-by-case theory
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15
Q

Selective incorporation

A

the primary perspective to interpreting the 14th amendment

-only fundamental rights listed in the federal constitution are afforded to the individual against the state

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16
Q

total incorporation

A

ALL listed rights in the federal constitution are afforded to the individual against the state

17
Q

total incorporation plus

A

combines both theories of selective and total incorporation and adds fundamental rights not listed in the federal constitution

18
Q

case-by-case theory

A

the states should determine the applicable rights based on the individual facts of each case

19
Q

Creation of Precedent?

Stare decisis

A

designed to create consistency in law

-stare decisis: once a court makes a decision or a rule, it must abide by that decision

20
Q

Problem with precedent?

A

judges who do not deal with the day to day business of crime control are inadequate and create ineffective tools that have limited importance and that police must ignore or bend in order to catch criminals

21
Q

Due Process

A
  • ensure citizens’ rights first and then to control crime
  • liberal political ideologies
  • whether basic rights and liberties of individuals are being protected
22
Q

crime control

A
  • importance of controlling crime, even if civil liberties are sacrificed in some cases
  • means to a healthy and safe society
23
Q

Crime control values

A
  • emphasizes on quantity or quality
  • wants to maximize police authority
  • has faith in police
  • presumes someone is guilty until proven innocent
  • want to benefit society first
  • wants to control crime at all costs
24
Q

Due process vaules

A
  • emphasizes quality over quantity
  • wants to maximize human freedom
  • has faith in the courts
  • presumes someone is innocent until proven guilty
  • wants to benefit those suspected of crime first
  • wants to protect rights at all costs
25
Q

Bright-line decision

A

a specific rule handed down by the court

26
Q

case-by-case desicion

A

flexible so that the lower courts can scrutinize a case and make a decision on each case
-can create uncertainty

27
Q

subjectivity reasonableness

A

reflects an individually based determination of what is reasonable

28
Q

objective reasonableness

A

reflects what any reasonable citizen would determine

29
Q

judicial activism

A

a judge who strives to make definite decisions on law for the future

30
Q

US Patriot Act

A
  • centralizes federal law enforcement authority in the U.S.

- Provides CIA oversight of domestic intelligence gathering historically have been aviable to legal and illegal aliens.

31
Q

Pre-trial phase

A
  1. ) the complaint
  2. ) the investigation
  3. ) the arrest
  4. ) The court hearing
  5. ) The booking
  6. ) The arraignment
  7. ) The preliminary hearing
32
Q

Adjudication phase

A
  1. ) the decision to go to trial
  2. ) discovery
  3. ) The trial
  4. ) The verdict
33
Q

Post-conviction phase

A
  • sentencing
  • death *imprisonment *fine *probation
  • Appeals
  • Right of Habeas corpus
  • Carrying out the sentence

Crime and Civil liberties (3 decks)

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