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Criminal Just. Ch. 4
Chapt 4 The Rule of Law
| Question | Answer |
|---|---|
| Name the two types of Law (overall) | Criminal and Civil Law |
| Define Criminal Law | A formal means of social control that uses rules interpreted by and enforced by the courts |
| Penal Code | The criminal law of a political jurisdiction |
| Tort | A violation of civil law |
| Define Civil Law | A private matter between individuals involving personal injury claims, contract and property disputes. |
| Name the two types of Criminal Law | Substantive law and Procedural Law. |
| Substantive Law | The body of law that defines criminal offenses and penalties |
| Procedural Law | The body of law that governs the way substantive laws are administered |
| *Name the 5 ideal features of good criminal law | 1. Politicality, 2. Uniformity, 3. Specificity, 4. Regularity, 5. Penal Sanction (PUSRPEN) |
| What is meant by Politicality in regards to criminal law | Only laws made by the state aka political jurisdiction, are crimes |
| What is meant by Regularity | Anyone who commits a violation of the law is answerable to that violation regardless of social status |
| What is meant by Uniformity | Uniformity deals with the enforcement of the law. Like Regularity, enforcement should take place regardless of social status |
| What is meant by Penal Sanctions | Violations of criminal law must come with a punishment (or threat of punishment) |
| Ordinances | Laws created by municipalities such as city councils |
| Common Law | By product of decisions made via cases at trial and on appeals |
| Precedent | Decision that forms potential basis for future decisions in trials |
| Stare Decisis | The principal of using precedents to guide future decisions |
| Name three regulatory agencies | DEA, FCC, FTC, OSHA |
| The Bill Of Rights | The first ten amendments to the constitution |
| *The 14th Amendment is important for containing which protection? | The due process clause |
| *Which protection is given in the 4th Amendment | The protection from illegal Search and Seizure |
| There are two types of search and seizure | Those with a warrant and those without |
| Warrant | Written order from the court directing law enforcement to conduct a search or to arrest a person |
| The 4th Amendment requires only that search and seizures not be ..... | Unreasonable |
| Name the two requirements for a search warrant to meet the standard of containing Probable Cause | 1. The specific objects to be searched for are connected with criminal activity, 2. That the objects will be found in the place to be searched |
| Prior to receiving a search warrant, law enforcement officers must complete an ---- detailing the facts that establish probable cause. | Affidavit |
| Within how many days after the federal search warrant was issued must the search be conducted | 10 days |
| What must Law Enforcement do immediately prior to entering the premises to conduct a search | Must announce they are law enforcement, must have the warrant in their possession, and must indicate they are there to execute said warrant |
| True or false, police must always announce their presence before entering the premises to conduct searches with warrants | False. Courts can issue No Knock warrants in cases where evidence may be destroyed |
| Name the two requirements in order for an arrest warrant to be issued | 1. A violation of the law has been committed, 2. The person to be arrested committed the violation |
| Where is a person generally considered to be protected from warrantless search and seizure | In their home, or office, or anywhere they have a legitimate right to privacy |
| Exclusionary Rule | Rule that illegally seized evidence must be excluded from trials in federal courts |
| *What three protections are contained in the 5th Amendment | The protection against self incrimination and the protection against Double Jeopardyand the protection to be indicted by a Grand Jury for capital or otherwise infamous offenses. |
| When does Double Jeopardy attach? | Jury Trials (when the jury has been seated), Bench Trials (when the first witness has been sworn), Guilty Pleas (when the court accepts the plea) |
| Doctrine of Fundamental Fairness | Makes confessions inadmissible if obtained by means of psychological manipulation or third degree ( beatings, long interrogation, physical manipulation) methods |
| According to the Speedy Trial Act 1974, how much time is allotted between the arrest and charging | 30 Days |
| *What 5 protections are contained within The 6th Amendment? | Speedy trial, confront witnesses, accusation, subpoenas, to counsel. |
| Subpoena | A written order from the court requiring a person to appear as ordered to testify |
| Under the 6th amendment right to counsel, what two facts must be proved in order to argue ineffective counsel ? | 1. That counsels performance was deficient, and 2. That there is a reasonable probability that the deficiencies led to the unfavorable result. |
| What two Bill of Rights guarantees dealing with criminal justice have not been extended to the states? | The right to Grand Jury indictment in felony cases, and the protection against excessive bails and fines. |
| *What two protection are in the 8th Amendment | Protection against excessive bails and fines, and protection from cruel and unusual punishment |
| *Match the protection with the amendment. This amendment protects against illegal search and seizure | Amendment 4 |
| *This amendment states you cannot be deprived of life liberty or property without due process | Amendment 14 |
| *Which amendment guarantees speedy trial | Amendment 6 |
Created by:
JeromeG
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