Midterm Flashcards
Describe Criminal Law
Designed to allow the adjudication and punishment of those who violate society’s rules or criminal laws. The state is the aggrieved party and the wrongdoer is the defendant
Describe Civil law
Designed to address private wrongs. A private citizen who believes that he or she has been injured in some way by another may sue that party for damages.
What is the court requirement for criminal law?
Proof beyond reasonable doubt
What is the requirement for civil law?
Proof by a preponderance of the evidence
What are the two sources of law?
Common law and Statutory law
Explain common law
Primary sources of law- judge made law.
Explain Statutory law
Includes the constitution, Statutes, ordinances, and administrative regulations
Who “quite literally make law?”
Legislators
What is statutes?
Legislative enactment or bills
Explain what Criminal code is/process
Legislators passing legislative enactment or bills which are collected into codes
Give an example of Administrative regulations
Regulations affecting food and drugs and occupational safety requirements
What is judicial review?
The court has the power to examine a law and determine whether it is constitutional. Judges must examine law and compare it to the constitution
What means “let the decision stand”
Stare Decisis
What is the first known legal written code?
Code of Hammurabi
What are the two models of criminal justice?
The Crime control model and the Due Process model
What is the crime control model perspective?
Views the suppression of criminal conduct(controlling crime) as the most important function of the criminal justice system. Control crime by apprehending, convicting and punishing those who violate the law. Efficiency is key! (Packer) metaphor- Assembly Line
What is the Due process Model perspective?
Designed not to move cased forward as expeditiously as possible but rather to throw up hurdles to carrying the case from one stage to the next. Stresses reliability and minimizing mistakes! Metaphor- Obstacle course
What is Factual Guilt?
Means that evidence shows that there is a high probability that the defendant committed the crime of which they are accused.
What is Legal guilt?
Refers to the process by which determinations of guilt are made
What is the presumption of guilt?
Rests on the belief in the reliability of the screening process operated by police and prosecutors. (Prediction of outcome)
What is the presumption of innocence?
Means that until the defendant has been adjudicated guilty, that person is to be treated for reasons that have nothing whatever to do with the probable outcome of the case as if his guilt is an open question
What is referred as the discovery period?
The period between arraignment and trial is. This is the time when both sides may seek to discover what evidence the other side has
What is a motion to compel discovery?
Formal request to the Judge on the case to intervene in the pre trial stage and order disclosure of evidence the government intends to use at trial
What is motion to suppress evidence?
A motion filed by the defense attorney in a criminal case asking the Judge to throw out evidence obtained by the police or a private party because it was obtained in violation of the constitution or a Texas Law
