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SPEA V184 Midterm Examination Latest
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Criminal Law - ✔✔a system of law concerned with the punishment of those who commit crimes. Mens Rea - ✔✔the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. the mentality behind the crime Actus Reus - ✔✔A guilty (prohibited) act. The commission of a prohibited act is one of the two essential elements required for criminal liability, the other element being the intent to commit a crime. the actual crime itself Types of Intent - ✔✔Specific Intent, General Intent General Intent - ✔✔an intention to act without regard to the results of the act.
i.e. Recklessness, Negligence Specific Intent - ✔✔accused purposefully, intentionally, or with knowledge commits a prohibited act Purpose and Types of Punishment - ✔✔Purposes: Retribution- punishment as justice Prevention- specific and general deterrence Incapacitation- halt additional crimes Rehabilitation- idea that lawbreaker is a social deviant in need of correction or socialization Types: Fines Suspended sentence (completion of a program) Probation Incarceration Capital Punishment Mandatory Minimum Sentencing - ✔✔sentence that has been determined by state legislature or congress that must be given to a person convicted of a crime, regardless of details
incomplete crimes Search and Seizure - ✔✔the process by which police or other authorities who suspect that a crime has been committed do a search of a person's property and collect any relevant evidence to the crime; protection from illegal search and seizure is in the Fourth Amendment Fruit of the Poisonous Tree - ✔✔conclusions or additional evidence that was derived from the original, illegally obtained evidence is also dismissed in a court. related to exclusionary rule because evidence dismissed for this reason is deduced from inadmissible "exclusionary rule" evidence Analyze a fact pattern on search and seizure - ✔✔be able to determine if evidence was legally or illegally gathered Warrant Requirements - ✔✔1) probable cause
- particularity
- oath or affirmation AND
- detached and neutral magistrate
Good Faith Exception rule to the Exclusionary Rule - ✔✔Good Faith Exception rule details that if a police officer was reasonable relying on a warrant that was later deemed invalid due to lack of probable cause, the evidence that they gather is admissible in court. if an officer believes a warrant is active, acts on it, and then finds out that the warrant was redacted, the evidence is still good for usage in court Warrant Exceptions - ✔✔1) plain view
- consent
- exigent circumstances
- automobile
- public arrests
- search incident to arrest
- inventory
- border searches Criminal Procedure - ✔✔constitutional law at both state and federal levels BEFORE incorporation doctrine (14th amendment), bill of rights applied only to federal government
- defendant satisfies all elements of the crime, but they were mentally ill at the time
- can not be convicted of the crime
- can not be "punished"
- CAN be held for psychiatric evaluation
- NOT A MEDICAL DIAGNOSIS Self Defense Claims - ✔✔when given a choice between you and an attacker, public policy favors personal protection Principals of using force for self defense - ✔✔1) innocence
- aggressor cannot generally claim self defense (unless they withdraw and the other party escalates)
- Proportionality
- degree of force used in self defense must be proportional to the force threatened
- avoidance
- duty to retreat vs. stand your ground laws
- Reasonableness
- is the same as "typical"
- were your perception and conduct reasonable given the same situation, knowledge, and skills?
Exclusionary Rule - ✔✔prohibits introduction of evidence that was gathered in violation of the defendant's rights given by the 4th, 5th, or 6th amendment (criminal trials) ensures trials are fair and just, prevents ignoring constitutional rights Civil Procedure - ✔✔set of rules establishing how a civil lawsuit proceeds from beginning to end
- pre-filing stage
- parties gather information, try to negotiate a resolution, and prepare for the possibility of a court case
- pleading stage
- one party files papers, and the other party files some sort of response (answer/motion)
- discovery stage
- pre-trial stage
- parties prepare for trial
- get witnesses and evidence in order
- may engage in settlement discussions
- may file motions with the court
- trial stage
- bias
- economic hardship
- personal opinions
- felon
- familial issues
- physical or intellectual disabilities (can dismiss as many as they want) Peremptory Challenge:
- does not need a reason to dismiss
- allowed 6 Types of Laws - ✔✔Constitutional Statute/Legislation/Code, Statutory Administrative Rules/Regulatory Local Ordinances and Codes Judicial Decisions/Cases Substantive vs. Procedural Criminal vs. Civil
Policy Context - ✔✔criminal laws create order for society, but also reflect cultural views behavior deemed acceptable changes over time Legal Research - ✔✔The process of using resources to find the law as it has been delineated by courts, legislatures, and other governmental agencies, for the purpose of learning the law or answering a legal problem. Federal Court Organization and Structure - ✔✔-district courts (trial courts)
- circuit courts (first level of appeal)
- Supreme Court (final level of appeal) State Court Organization and Structure - ✔✔trial courts and appellate courts Judicial System - ✔✔the system of law courts that administer justice and constitute the judicial branch of government Judicial Review - ✔✔The power of the courts to declare laws unconstitutional
Checks and Balances - ✔✔A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power Big Ideas from Constitution - ✔✔Limited Government Republicanism Checks and Balances Federalism Separation of Powers Popular Sovereignty Limited Government - ✔✔The idea that certain restrictions should be placed on government to protect the natural rights of citizens. Republicanism - ✔✔A form of government in which people elect representatives to create and enforce laws Federalism - ✔✔A system in which power is divided between the national and state governments Popular Sovereignty - ✔✔A belief that ultimate power resides in the people.
4 reasons that constitutional law is unique among all bodies of law: - ✔✔1) other bodies of law work together
- other bodies of law are based on a mix of statutes and judicial decisions that provide a wide range of sources for rules, principles, and arguments
- constitutional law raises fundamental political issues and value choices
- constitutional law has a clear application, but it is hard to determine if things are appropriate on a constitutional level some ways that state constitutions are different from the US Constitution - ✔✔- longer and more detailed
- limit power, rather than grant it
- amended often
- bill of rights section is more detailed
- statement of rights are broader than in the US Constitution 6 factors that both Scalia and Breyer use to interpret the constitution - ✔✔1) text
- do the words matter? what was said?
- history
- behind the words used in the constitution
- traditions
reasons that we may not want to punish them. there are either a: - ✔✔excuse or a justification evolving standards of decency - ✔✔as we evolve as a society, some punishments may become considered cruel and unusual. used when discussing the death penalty
