S1 - Test #2 - Law and Society

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73 Terms
😃 Not studied yet (73)
1st Degree Murder
Purposefully killing someone with premeditation. 25-life
2nd Degree Murder
Killing someone purposefully without premeditation. 15-life
Voluntary Manslaughter
Killing someone after the victim does something to the killer that would cause a normal person to lose control.
Involuntary Manslaughter
Killing with no intent at all, but with extremely reckless behavior
Negligent Homicide
Death due to extreme negligence. Most common is vehicular homicide.
The attempt to touch or cause harm to someone without consent. Injury is not required. Stalking is a great example
Injury occurring from assault
Rape and Sexual Assault
Battery in a sexual way
the action of taking property unlawfully from a person or place by force or threat of force
theft of personal property to permanently deprive someone of it
the willful and malicious burning of another's property
(malicious mischief) willful destruction of, or damage to, the property of another
unlawful taking of property by someone to whom it was entrusted
(blackmail) use of threats to obtain the property of another (covers threats to do physical harm)
breaking and entering the dwelling of another person during the night with intent to commit a felony therein (also includes any time of day)
a person falsely makes or alters a writing or document with intent to defraud
Receiving of Stolen Property
recieving or buying property that you know or have reason to believe is stolen
Unauthorized Use of a Vehicle
unlawful taking of a motor vehicle without the owner's consent
(computer crime) when computers
1st Amendment
Freedom of speech, religion, the press, etc
2nd Amendment
Freedom of owning one's own gun
3rd Amendment
No soldiers coming in one’s home(not really important anymore)
4th Amendment
Unreasonable searches and seizures
5th Amendment
Right to no self incrimination
6th Amendment
Right to a speedy trial, impartial jury, court in the place with jurisdiction, to be told of the argument against them
7th Amendment
Right to a trial by jury
8th Amendment
no Cruel and unusual punishments
9th Amendment
There are other rights of people not listed in the constitution
10th Amendment
Powers not delegated by the constitution go to the people and the state
14th Amendment
Equal protection of the laws.
Gideon V Wainwright
defendant had to represent himself during the trial of his alleged burglary - this violated his 6th amendment right
Dred Scott
Dred Scott went from his original state where he was enslaved, to a free state and then back to his original state. The supreme court ruled that he was not then freed because enslaved people can't just run to another state and be freed.
Marbury v Madison
The decision gave power to the Federalist party, because the Supreme Court was becoming Federalist, along with checks and balances, which kept the executive branch in check.
Plessy v. Ferguson
A ruling where it was decided that racial separation was constitutional as long as the facilities were equal
at most 1 year in jail
Code Violations
breaking of a code that was put in place by an area, not usually punished by incarceration
often called petty offenses - are is the violation of an administrative regulation, an ordinance, a municipal code, and, in some jurisdictions, a state or local traffic rule
only happen with a warrant and/or probable cause
Reasonable Suspicion
is needed to pull someone over and question them
Probable Cause
can come from questioning a person of interest - this allows arrests to take place
Federal Crimes
bank robbery, counterfeiting, immigration violations, murder on federal land, computer crimes, drug trafficking, identity theft, international money laundering, etc
State Crimes
all crimes that violate state and not federal
Federal Courts
only deal with federal law disputes
State Courts
deal with any type of law
Creation of Laws
bill --> committee researches and changes --> chamber votes --> if passed goes to another chamber --> chambers decide on final version of the bill --> it goes to the President who can veto, pocket veto, or accept (a pocket veto cannot be overridden, but a veto can)
First Trial Proceeding
Pre-trial proceedings
Gives the first Opening Statement
Last Trial Proceeding
jury deliberations and verdict
Pre-trial proceedings
Essentially just figuring out how the trial is going to go, figuring everything out
Jury is selected
The people that will make up the jury are chosen and finalized.
Opening statement by the prosecution
The prosecution states the claim and some simple background information
Opening statement by the defense
This could be skipped, but it sets the tone for the argument against the prosecution
Examination by the prosecution
The prosecution questions all witnesses and brings forward all information that helps the prosecution
Cross examination by defense
The defense then questions the same witnesses. They try to find gaps in the prosecution.
Motions to dismiss or receive a verdict
The defense asks if the judge will just dismiss the case given that there is not enough info to have a reasonable suspicion of a guilty verdict, rarely does this happen.
Direct examination by the defense
The defense brings their witnesses and info forward that is favorable to them.
Cross examination by prosecution
The prosecution questions the witnesses and tries to find gaps in the defense.
Closing statement by the prosecution
A final statement that summarizes the prosecution’s side of the case
Closing statement by the defense
A statement that tries to make the jury think there isn’t a preponderance of evidence in a civil case, or evidence beyond a reasonable doubt in a criminal case
Rebuttal by prosecution
the final say in a trial
Jury instructed by the judge
The judge informs the jury on info about the case and the laws at play
Jury deliberations and verdict
The jury discusses and makes a verdict, if not all jurors think one way, it is considered a hung jury, and no verdict is reached, and in this case the defense has won to some degree. The judge can declare a mistrial and start again with new jurors.
Criminal Cases (verdict)
for guilty - burden of proof on the prosecution - beyond a reasonable doubt
Civil Cases (verdict)
whichever provides more/the best evidence
Presentable Evidence
may be experts, testimony of a civilian who was there, documents, fingerprints, online information
U.S. v McVeigh
Someone bombed a federal building and was convicted of the crime having killed 168 people. 3,000 documents were not given to the defense. A retrial was granted, but the defense turned it down.
Brown v. Board of Education (1954)
1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.
A group of people who have the power to make laws
Criminal Court
People v Society
Supreme Court Function
decide on a case after deciding to hear it and then vote and hear more and then decide after if they'll take it or not
The Supreme court ruled that the law that "gave police the power to ask for the ID if there was reasonable suspicion that a law had been violated", was too vague, and needed to be changed. based off the case of a man refusing to present ID after constantly walking around
Federal Question
A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.