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Criminal Just. Ch. 4

Chapt 4 The Rule of Law

QuestionAnswer
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