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Criminal Justice~

Criminal Justice Exam 2

“bright line rule” if you request an attorney during an interrogation, then they have to stop asking you questions at that point in time
Brown v. MS (1936) White store owner robbed; people beat up a few black men in order to get them to confess to robbing the store
Interrogation info gathering activity of police involving direct questioning (or any intelligence gathering activity)
Informants (victim, witness, cell mate of offender) - ways to get intelligence
video/audio record interrogation to make sure police aren’t crossing the line
Inherent coercion pressure and hostility (ie, shining a light on you for hours, etc.)(can't use it)
Psychological manipulation subtle intimidation (can't use it) No sophisticated techniques
Right to counsel during questioning “bright line rule” - if you request an attorney during an interrogation, then they have to stop asking you questions at that point in time
Waiving Miranda rights knowing and intelligent waiver Knowing your rights and understanding them; and still answering even though they’ve been waived
Inevitable discovery would have found out what they needed to know whether or not someone confessed to it (ie, finding a body or something)
Public safety exception don’t have to Mirandize in that situation
Non-suspects don’t have to be: Mirandized
Police can lie during interrogation (T/F) True About physical evidence, polygraph tests, etc.
Electronic eavesdropping: (definition) Tapping phone lines, wire taps, bugs in your house
The Patriot Act Basically says we can check/track/listen to peoples’: Voicemail Internet Roving wiretaps
Sneak and peak searches Going in and searching and you not even knowing that anyone was ever there
Police subculture “the set of informal values with characterize the police force as a distinct community with a common identity”
Dangers of police duty Disease and biological incidents Stress and fatigue -> suicide
Police authorized to use amount of force that is: easonable and necessary given the circumstances
Warning shots should be fired (T/F) False only shoot to kill
Force factor force by police relative to the suspect’s resistance (don’t use excessive force for the situation)
Less-lethal weapons to disable, capture or immobilize without deadly force Types – stunguns, tasers, rubber bullets, pepper spray
Racial Profiling and Biased Policing Police initiate action based on race/ethnicity etc. rather than behavior E.g. driving while black or brown (discriminating against non-whites)
Racial Profiling is banned (T/F) True except in terrorist suspects (doesn’t mean that it isn’t ever done)
What is law? A product of rule creation and a guide for behavior
Purpose of law Uphold fairness Prevent victimization of innocents etc.
Statutory law “law on the books” Legislatively enacted Laws written down are “codified” Written form of criminal law - “penal code”
Case law from judicial decisions (precedent)
Common law unwritten precedent from everyday customs
The rule of the law Aka: supremacy of law “the belief that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members” No one is above the law
Criminal law Aka: penal law “the body of rules and regulations that define and specify that nature of and punishments for offenses of a public nature or for wrongs committed against the state or society”
Substantive law what constitutes crimes and punishments (what’s written down as the law)
Procedural law methods for enforcing substantive law
Civil law (judge judy, etc.) Governs relationships between parties; eg, contracts, wills, divorce, child support, negligence, etc. Compensation, usually money
Tort “a wrongful act, damage, or injury not involving breach of contract” Personal wrong, not a crime
Plaintiff brings suit v. defendant
Administrative law (business end of things) Regulations created to control the activities of industry, business, and individuals Eg, tax laws, health codes, building codes, custom laws, etc.
Felonies serious crimes; eg, murder, rape, robbery, arson, etc. prison > 1 year or death loss of privileges; eg, owning firearms, running for public office, etc.
misdemeanors minor crimes; eg, petty theft, possession of certain items (that could lead to a crime, ie burglar tools, drug tools, etc.), false report, etc. jail <1 year or fine
infractions/offenses (city ordinances) eg, jaywalking, traffic violations, nonuse of a seat belt, public urination, etc. ticket and court
treason “a US citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the US”
espionage “gathering, transmitting, or losing of information related to the national defense in such a manner that the information becomes available to enemies of the US and may be used to their advantage”
inchoate offenses incomplete or partial offenses eg, conspiracy, attempt
actus reus “guilty act”- the criminal act
mens rea “guilty mind”- intent
Purposeful/intentional to achieve some goal; harm may be unintended (ie, shooting someone but not intending them to die); eg, transferred intent
Knowing action undertaken with awareness; certainty; felony homicide (ie, didn’t shoot the guy but he died from a heart attack b/c he was so scared)
Reckless action increase risk of harm; probability; reckless driving
Negligence should have known better; standard of care (ie, not feeding your kids/animals)
Concurrence act and intent must occur together
Motive reason for action
Strict liability blame regardless of intent; eg, traffic offenses or statutory rape She looked 18! Nobody cares… still going to be punished
Causation concurrence of a guilty mind and a criminal act may cause crime
Legal cause a cause must be close in time and space to the result
“victimless crimes” social harm more than an actual crime (the person committing the crime is pretty much only hurting themselves) Drug use Prostitution Gambling
A behavior can’t be criminal if: a law has not been created yet
Ex post facto laws that are created after the act
Attendant circumstances facts surrounding an event
Corpus delicti “the body of a crime”
State has to prove 2 aspects: Certain result produced (a law was violated) A person is criminally responsible
Self-defense protection of one’s self or property from harm; reasonable force
Consent the harm was done but it happened because someone told you to do it Ie, someone consenting to being eaten
Duress (excuse) if someone’s threatening you or your family Like someone telling you to rob a bank and they’re holding you at gunpoint So it’s like ok to do it
Mistake of law you didn’t know the law… not an excuse
Mistake of fact “she looked 18” Too bad for you
Involuntary intoxication if someone drugs your drink or w/e But you didn’t do it to yourself
Unconsciousness having a seizure and you’re driving and you hit someone and kill them, sleepwalking, etc.
Provocation a person is emotionally enraged by another to unintentionally illicit a reaction
M’Naughten Rule The person doesn’t know the difference between right and wrong
Irresistible impulse I know the difference between right and wrong but I can’t fight the impulse/control yourself
Durham rule actions that result from a mental disease or defect Ie, PTSD, schizophrenia, child abuse, car accident, etc.
Substantial capacity they lack the mental capacity to understand the wrongfulness of the act
Temporary insanity I was insane just for that 30 seconds while I shot those ppl but now I’m ok
Diminished capacity IQ, brain damage, car accident, etc. Can’t understand or control behavior
Mental incompetence Too incompetent to stand trial
Entrapment illegal inducement to crime by law enforcement that person would not otherwise commit
Double jeopardy can’t be tried for same offense more than once; different jurisdictions
The US has a dual court system (T/F) True State court Federal court
US Magistrate Court selected by district court judges - 8 years Preliminary proceedings, initial appearances, set bail, issue warrants, everything but trying and sentencing
US District Court 94 districts (Nebraska is 1); President nominates, Senate confirms, life appointment Federal trials courts of original jurisdiction Major violations - preliminary drug cases (29%), embezzlement and fraud
Federal question violation of congressional statute (against our Bill of Rights, civil rights, at a national level); eg, social security, civil rights
Diversity of citizenship between citizens of different states or US citizen and another country
Prisoner petitions rights violated - conditions of confinement Prisoners can now make petitions They can petition for more freedoms, etc.
US Court of Appeals intermediate appeals (hears all the cases)
US Supreme Court (hears obviously not all the cases) nominated by President, confirmed by Senate, lifetime appointment Reviews decisions of other appellate courts Legal issue must involve a “substantial federal question”
Rule of 4’s 4 judges must vote to hear a case
Chief Justice highest judge John Roberts
Most important person in the courtroom is? prosecutor
Disclosure of evidence required to hand over evidence that shows innocence of defendant (exculpatory evidence)
Conflicts of interest Guy got the death penalty and the judge was sleeping with the prosecutor
Gideon v. Wainwright Supreme Court appeal - 1963 - all indigent defendants entitled to court-appointed counsel in felony trials
Right to counsel is what amendment? 6th amendment
Created by: got2lovethatfire