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POLS 322 > Midterm review > Flashcards

Midterm review Flashcards

1
Q

misfortune

A

something unintentional/victimless

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2
Q

rectificatory justice

A

how to remedy wrongs & compensate individuals; example of rectifying medical expenses for Jake being bitten in the ass by the dog; wet floor sign placed in wrong spot & payment of medical expenses if someone slips; affirmative action

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3
Q

passive injustice

A

having the power to deal with injustices but not using it/complacency to injustice; ex: climate change & corporate crimes

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4
Q

racial profiling

A

targetting racial minorities as suspects of criminal behavior solely based on race; wrongful convictions as collateral consequence, stop & frisks, death penalty (Black ppl 4x more likely to be sentenced to death)

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5
Q

jury nullification

A

conscious & deliberate decision of a jury to acquit a defendant despite the jury’s awareness that the defendant is guilty based on the facts and law (grey area); ex: Emmett Till, Casey Anthony, Prohibition

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6
Q

legal realism

A

law is the product of social, political, & economic factors; judge considers legal rules and social interests in public policies when deciding cases; ex: labor laws

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7
Q

Common Law

A

judges based their decisions in cases based on precedence (“judge-made” law), adversarial nature, customary practices of royal judicial officials that the local judges began to rely on to decide their cases

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8
Q

distributive justice

A

how things should be distributed; we collectively decide how to distribute the good & bad things that are the functions of living; ex: healthcare for all

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9
Q

broken-windows policing

A

disorder leads citizens to feel unsafe; disorder can appear as minor infractions that lead to more crime and more likelihood of feeling unsafe

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10
Q

specific deterrence

A

preventing the commission of crimes from certain people/avoidance of repeat offenders; ex: Target policy for shoplifting (build a case after multiple shoplifts)

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11
Q

general deterrence

A

deterring others in society/general public from committing similar crimes; ex: traffic violations –> tickets, cost-benefit analysis –> likelihood of committing a crime higher if more ppl commit that crime

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12
Q

crime control model

A

emphasis on arresting people quickly; assembly-line; ex: drug arrests (War on Drugs), wrongful conviction (i.e. Noura’s case), maximum & minimum sentences regardless of previous criminal history

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13
Q

due process model

A

emphasis on honoring individual rights in all steps of the justice process; ex:

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14
Q

Due Process Revolution

A

series of decisions made by Warren Courts outlining rights of accused criminals at federal & state level, ex: Miranda v. Arizona

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15
Q

pretext stop

A

police officer stops a vehicle with suspicion of involvement in a crime, but without probable case–>in order to conduct a speculative criminal investigation unrelated to the motorist’s driving; ex: traffic stop for drug crimes

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16
Q

Terry stop

A

officers conduct stops & searches based on suspicion of committing a crime

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17
Q

Batson challenge

A

objecting the validity of a peremptory challenge, on grounds that the other party used it to exclude a potential juror based on race, ethnicity, or sex; Batson v. Kentucky: James Batson (black) had all potential black jury members excluded, convicted by all-white jury

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18
Q

peremptory challenge

A

rejection of a juror w/o reason;each side has a limited number of peremptory challenges to weed out people strategically

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19
Q

Mapp v. Ohio

A

evidence found in unconsitutional seizure excluded –> exclusionary rule

20
Q

Miranda v. Arizona

A
21
Q

3 strikes law

A

law to increase punishment for persons convicted of a felony who have previously been convicted of one or more “serious” or “violent” felonies
2 strikes—2nd felony= twice the amount of prison time

3rd felony—25 to life mandatory minimum
–> War on Drugs

22
Q

McCleskey v. Kemp

A

McCleskey argued that a statistical study proved that the imposition of the death penalty in Georgia depended to some extent on the race of the victim and the accused. The study found that black defendants who kill white victims are the most likely to receive death sentences in the state.

23
Q

Glossip v. Gross

A

Oklahoma executed Clayton Lockett using a three-drug lethal injection procedure; Lockett awoke. Argued that the use of midazolam as the initial drug in the execution protocol violated the Eighth Amendment’s prohibition against cruel and unusual punishment

24
Q

Gideon v. Wainwright

A

individuals charged w/ a felony guaranteed access to a lawyer

25
Q

working groups

A

the prosecutor, defense attorney, & judge work together on a regular basis in the courtroom

26
Q

Brown v. Plata (2011)

A

CA must resolve overcrowding and bring prison healthcare system to adequate standards
Reduce by 30-35k (137% capacity) inmates by 2013

27
Q

Gregg v. Georgia (1976)

A

death penalty unconstitutional under conditions established by Furman (aggravating & mitigating circumstances, upheld for violent crimes, bifurcated trials)

28
Q

restorative justice

A

reconciliation of offenders w/ community; rehab while staying accountable; ex: reintegrative shaming

29
Q

claiming

A

when a person knows they’ve been harmed & who caused the harm, they file a lawsuit and ask for compensation for damages
*1/3 cases resolved, 2/3 cases not
*A Civil Action p 81 (what did both sides claim)

30
Q

litigation explosion

A

massive increase in dispute resolution with lawsuits
–case of Caesar Barber

31
Q

alternative dispute resolution

A

any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation

32
Q

contingent fee

A

a lawyer represents an individual in return for a percentage of any monetary recovery or monetary settlement.

33
Q

one-shotters

A

people who go to court infrequently
ex: Schlichtmann

34
Q

repeat players

A

organizations who have more court experience and more resources to go to court; more likely to win cases

35
Q

class action lawsuit

A

lawsuit filed by multiple people on behalf on a larger group of people
ex:

36
Q

punitive damages

A

damages to deter wrongdoing in the future (ex: Lanier v. Harvard, Liebeck v. McDonald’s)

-Liebeck v. McDonald’s: drive-through and stopped in the parking lot. Liebeck placed the coffee between her legs and used both hands to open the lid. As she removed the lid, the cup spilled into her lap. Suffered 3rd degree burns.

37
Q

Rule 11

A

authorizes judges to fine lawyers who intentionally bring unfounded or frivolous (silly) legal proceedings or drag out trials in an effort to harass the defendant
–> A Civil Action

38
Q

tort law

A

civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act
-routine torts
-high-stakes (class-action)
-mass torts
-The Blue Bus

39
Q

The Blue Bus

A

case in A Civil Action, Mr. Smith was driving on a dark road and nearly collided with a bus, couldn’t recall the color
Mr. Smith sues the Blue Bus Company for damages.
-case based on probability–> Smith 20% liable in the criminal case, civil case less liable
-51% proof of “more likely true than not”

40
Q

adversarial model

A

emphasis on competition between defense & prosecution
–plea bargaining, working groups
–inadequate defense/counsel in some cases –> lack of zealous defense
ex: Chandler Halderson case

41
Q

money (cash) bail

A

judge sets certain amount of money (bond) as collateral to get out of jail

42
Q

Brady v. Maryland

A

prosecution required to hand over evidence to defense; exclusionary rule
ex: Hammack’s note hidden by police

43
Q

trial penalty

A

incentivizes almost all defendants to plead guilty because they face a much longer sentence if convicted at trial

44
Q

Alford plea

A

defendant pleads guilt but maintains innocence

45
Q

Floyd vs. New York

A

argued that police unconstitutionally stopped Black people on the streets & violated 4th & 14th Amend. –> racial disparities
-racial profiling

46
Q

white-collar crime

A

crimes committed by people of high status over the course of their occupation
-lack of accountability for these crimes
-priority of drug arrests over other crimes
-disproportionate impact on poc
-underpolicing of white collar, overpolicing of POC

POLS 322 (2 decks)

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