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Courts, Law, And Procedure > Midterm > Flashcards

Midterm Flashcards

1
Q

Three Branches of Government

A

Legislative- (Congress)
Executive- (President)
Judicial- (Supreme Court)

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2
Q

Courts Special Power-Judicial Review

A

Courts can strike down laws that violate the constitution.

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3
Q

Federalism

A

Governments power is divided between the national government and the state government. Federal government has enumerated (limited) power, but overrules state laws

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4
Q

The Commerce Clause

A

Gives the Congress the most significant power to regulate interstate commerce

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5
Q

Current Federal Court System

A

US District Courts, US Courts of Appeals, US Supreme Court

Federal courts hear cases that violate the constitution, are federal crimes, involving two states.

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6
Q

U.S District Court handles…

A

Prosecution of federal crimes (federal trial court)

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7
Q

US Courts of Appeals (Circuit Court) handles…

A

Affirm, reverse, or modify lower courts decisions (panel of three judges and there are 13 courts of appeals)

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8
Q

Typical State Court Structure (Lowest to Highest)

A

Courts of Limited Jurisdiction
Courts of General Jurisdiction
Intermediate Appellate Courts
State Supreme Court

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9
Q

Courts of Limited Jurisdiction

A

Municipal Court, hears minor cases

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10
Q

Courts of General Jurisdiction

A

Felony cases and appeals from courts of limited jurisdiction

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11
Q

Intermediate Appellate Court

A

Hears appeals from trial courts, must hear all

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12
Q

American Criminal Law is rooted from…

A

Common Law

Precedent (president decides later and similar cases)

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13
Q

1st Amendment

A

Freedom of Religion (government can’t interfere with individual religious practices)
Freedom of Assembly
Freedom of Speech

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14
Q

2nd Amendment

A

Keep and bear arms

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15
Q

4th Amendment

A

Forbids unreasonable search and seizures

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16
Q

5th Amendment

A

Right to indictment by a grand jury.
Prohibits double jeopardy
Right to due process
Privlidge against self incrimination

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17
Q

6th Amendment

A 
Right to speedy and public trial
Be notified of charges against oneself 
Right to impartial jury 
Right to civil council
Right to confront witnesses against oneself
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18
Q

8th Amendment

A

Prohibits excessive bail and fines.

Prohibits cruel and unusual punishment

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19
Q

9th Amendment

A

Bill of rights isn’t an exhaustive list of citizens rights.
Right to privacy
Right to abortion

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20
Q

10th Amendment

A

Principle of federalism

Federal government has listed powers and implies powers connected to the enumerated powers.

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21
Q

14th Amendment

A

Applies bill of rights to states. Due process and equal protection in all states.

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22
Q

Bill of Attainder

A

Prohibits punishment without a fair trial

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23
Q

Void of Vagueness

A

Must clearly define the act prohibited

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24
Q

Overbreadth Doctrine

A

Must narrowly define the specific behavior to be restricted or prohibited

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25
Ex Posto Facto Clause
Can’t punish for laws passed after crime committed, can’t increase punishment or fines, applies laws in effect on the date of offense
26
Right to Council Facts
Supported by 6th amendment Defendant has right to attorney throughout entire process Indigent defendants don’t have right to choose their counsel
27
Crime Math Equation
Crime=Wrongful Act + Criminal Intent + Concurrence of criminal act and criminal intent
28
Actus Reus
Criminal Act
29
Act of Omission
Failure to perform a legal duty
30
Actual Possession vs Constructive Possession
Actual-Under direct physical control, on ones person | Constructive- able to control something, such as in a persons house
31
Mens Rea
Criminal mind/intent | Motive, the reason to act
32
General Intent vs Specific Intent
General- intend to do something prohibited by law without necessarily intending to accomplish the harm resulted from the illegal act Specific- intend to accomplish a particular harm prohibited by law
33
Strict Liability Offenses are...
Crimes that don’t require mens rea (intent), prosecutors don’t need to prove intent
34
Purposefully or Intentionally
Purposefully intends to engage in conduct and intends to cause harm
35
Knowingly
A person knows the nature of his conduct and it’s probable consequences. Not acting to cause a certain result but is practically certain the result will happen
36
Recklessly
Consciously disregard a substantial or unjustifiable risk | Unlike knowingly, the risk of injury or death is it practically certain
37
Negligently
Should have been aware of a substantial or unjustifiable risk, but is not. Reasonable person should know
38
Transferred Intent
Unintended Victim, intent is transferred
39
Causation
Criminal act must cause the required harm
40
To prove someone committed theft, you have to prove...
Criminal intent and act and both must happen at the same time
41
Inchoate Crimes
Offenses that involve punishable activities or steps toward the completion of crime. Three types are attempt, solicitation, conspiracy
42
Attempt (Inchoate Crime)
Offenders who intend to commit a crime and act to implement that intent, but do not achieve goals. Actus Reus- Beyond mere preparation Committed a substantial step toward the commission of a crime, dangerous proximity to success (Attempt is merged into target offense, if offender is successful will only be charged with doing it not attempt)
43
Solicitation (Inchoate Crimes)
Punished anyone who deliberately encourages someone to do a crime. Mens Rea-The solicitor must have specific intent to induce a crime. Whether crime is completed or not, can still be charged
44
Conspiracy (Inchoate Crimes)
An agreement of two or more individuals to commit a criminal act Actus Reus- Many states require at least one conspirator to take an act. Mens Rea- Intent to further the unlawful objective of the conspiracy, intent must exist (Does not merge into target crime, could be charged for both the act and conspiracy)
45
Principle in the first degree (p-1)
Personally commits the crime or use an innocent agent to commit a crime
46
Principle in the second degree (p-2)
Intentionally helps or encourages P-1 to commit a crime
47
Accessory before the fact
Intentionally helps P-1 before the fact
48
Accessory after the fact
Intentionally provides aid after the crime | Usually punished less harshly
49
Negative Defense vs Affirmative Defense
Negative- defendant denies committing the crime or claims the prosecutors does not have sufficient evidence Affirmative- defendant admits to the alleged act but denies criminal responsibility by claiming an excuse or justification or asserting the defendant lacked the capacity to form criminal intent
50
Self defense
Defendant must show it was necessary to use force for self protection from a threat of IMMINENT UNLAWFUL DANGER degree of force is reasonable considering circumstances
51
Duress
Well grounded fear generated by imminent threat of serious bodily harm or death if the act was not done Affirmative defense- defendant has burden to prove the defense by a preponderance or evidence
52
Necessity
Choice of the lessor of two evils | Threat of imminent injury to person or property
53
Difference between Duress and Necessity
Duress- forced by the actions of others, such as being held by gunpoint Necessity- choice between two evils, the harm is not necessarily a threat of death or injury but it could be against property as well
54
Entrapment
Induced by the government to commit a crime.
55
Insanity Defense M’Naghten Rule: Irresistible Impulse Test:
M’Naghten Rule: can’t be convicted if he did not know what he was doing or that it was wrong at the time of the crime Irresistible Impulse Test: defendant knew act was wrong but acted under an uncontrollable desire or the duress of mental illness
56
Murder
Unlawfully killing another person with malice aforethought (Premeditated)
57
First Degree Murder
INTENT
58
Second Degree Murder
Disregard for human life by doing something imminently and outrageously dangerous
59
Felony Murder
Homicide committed when committing or attempting to commit a felony
60
Voluntary Manslaughter
Intentionally killing without malice or premeditation (heat of moment) Adequate provocation is required to mitigate charge from murder to voluntary manslaughter (would cause a reasonable person to lose control)
61
Involuntary Manslaughter
UNINTENTIONAL as the result of gross negligence
62
Vehicular Manslaughter
Homicide resulting from operation of a motor vehicle
63
Battery
Requires physical contact with the victim.
64
Assault
Threatening of harm, does not require physical contact
65
Rape Shield Laws
Does not accept evidence of a victims prior sexual history with anyone besides defendant
66
Strict Liability Rape Laws
Protects children | Romeo and Juliet Law: protects consensual sexual relationship between teenagers and adolescent
67
Burglary
Breaking and entering any structure for the purpose of committing a crime. Specific intent of committing a crime is required.
68
Robbery
Taking money or property from a person against their will by FORCE OR INTIMIDATION
69
Extortion
Obtaining money or property by THREATS of force or intimidation Taken with consent but forced consent.

Courts, Law, And Procedure (1 decks)

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