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Courts, Law, And Procedure > Midterm > Flashcards

Midterm Flashcards

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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
Q

Ex Posto Facto Clause

A

Can’t punish for laws passed after crime committed, can’t increase punishment or fines, applies laws in effect on the date of offense

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26
Q

Right to Council Facts

A

Supported by 6th amendment
Defendant has right to attorney throughout entire process
Indigent defendants don’t have right to choose their counsel

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27
Q

Crime Math Equation

A

Crime=Wrongful Act + Criminal Intent + Concurrence of criminal act and criminal intent

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28
Q

Actus Reus

A

Criminal Act

29
Q

Act of Omission

A

Failure to perform a legal duty

30
Q

Actual Possession vs Constructive Possession

A

Actual-Under direct physical control, on ones person

Constructive- able to control something, such as in a persons house

31
Q

Mens Rea

A

Criminal mind/intent

Motive, the reason to act

32
Q

General Intent vs Specific Intent

A

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
Q

Strict Liability Offenses are…

A

Crimes that don’t require mens rea (intent), prosecutors don’t need to prove intent

34
Q

Purposefully or Intentionally

A

Purposefully intends to engage in conduct and intends to cause harm

35
Q

Knowingly

A

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
Q

Recklessly

A

Consciously disregard a substantial or unjustifiable risk

Unlike knowingly, the risk of injury or death is it practically certain

37
Q

Negligently

A

Should have been aware of a substantial or unjustifiable risk, but is not.
Reasonable person should know

38
Q

Transferred Intent

A

Unintended Victim, intent is transferred

39
Q

Causation

A

Criminal act must cause the required harm

40
Q

To prove someone committed theft, you have to prove…

A

Criminal intent and act and both must happen at the same time

41
Q

Inchoate Crimes

A

Offenses that involve punishable activities or steps toward the completion of crime. Three types are attempt, solicitation, conspiracy

42
Q

Attempt (Inchoate Crime)

A

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
Q

Solicitation (Inchoate Crimes)

A

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
Q

Conspiracy (Inchoate Crimes)

A

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
Q

Principle in the first degree (p-1)

A

Personally commits the crime or use an innocent agent to commit a crime

46
Q

Principle in the second degree (p-2)

A

Intentionally helps or encourages P-1 to commit a crime

47
Q

Accessory before the fact

A

Intentionally helps P-1 before the fact

48
Q

Accessory after the fact

A

Intentionally provides aid after the crime

Usually punished less harshly

49
Q

Negative Defense vs Affirmative Defense

A

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
Q

Self defense

A

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
Q

Duress

A

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
Q

Necessity

A

Choice of the lessor of two evils

Threat of imminent injury to person or property

53
Q

Difference between Duress and Necessity

A

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
Q

Entrapment

A

Induced by the government to commit a crime.

55
Q

Insanity Defense

M’Naghten Rule:
Irresistible Impulse Test:

A

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
Q

Murder

A

Unlawfully killing another person with malice aforethought (Premeditated)

57
Q

First Degree Murder

A

INTENT

58
Q

Second Degree Murder

A

Disregard for human life by doing something imminently and outrageously dangerous

59
Q

Felony Murder

A

Homicide committed when committing or attempting to commit a felony

60
Q

Voluntary Manslaughter

A

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
Q

Involuntary Manslaughter

A

UNINTENTIONAL as the result of gross negligence

62
Q

Vehicular Manslaughter

A

Homicide resulting from operation of a motor vehicle

63
Q

Battery

A

Requires physical contact with the victim.

64
Q

Assault

A

Threatening of harm, does not require physical contact

65
Q

Rape Shield Laws

A

Does not accept evidence of a victims prior sexual history with anyone besides defendant

66
Q

Strict Liability Rape Laws

A

Protects children

Romeo and Juliet Law: protects consensual sexual relationship between teenagers and adolescent

67
Q

Burglary

A

Breaking and entering any structure for the purpose of committing a crime. Specific intent of committing a crime is required.

68
Q

Robbery

A

Taking money or property from a person against their will by FORCE OR INTIMIDATION

69
Q

Extortion

A

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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