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57 Cards in this Set
- Front
- Back
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1st Amendment
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Freedom of religion, press, petition, assembly, and speech. Also, government cannot impose a national religion.
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Freedom of religion, press, petition, assembly, and speech. Also, government cannot impose a national religion.
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1st Amendment
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4th Amendment
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No unwarranted search or seizure. A warrant may only be obtained under probable cause and must describe the place to be searched and objects or persons to be taken.
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No unwarranted search or seizure. A warrant may only be obtained under probable cause and must describe the place to be searched and objects or persons to be taken.
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4th Amendment
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5th Amendment
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Protection against self-incrimination. All crimes must be tried in front of a Grand Jury, except when committed during war on land or at sea. No person shall be tried twice for the same crime (double jeopardy). Private property cannot be taken without compensation. Cannot be deprived of life, liberty, or property without due process of law.
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Protection against self-incrimination. All crimes must be tried in front of a Grand Jury, except when committed during war on land or at sea. No person shall be tried twice for the same crime (double jeopardy). Private property cannot be taken without compensation. Cannot be deprived of life, liberty, or property without due process of law.
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5th Amendment
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6th Amendment
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Right to a speedy, public trial with a jury of the state in the district in which the crime was committed. Right to know crimes accused of. The right to lawyer, to witnesses to speak on behalf of the accused, and right to confront witnesses against the accused.
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Right to a speedy, public trial with a jury of the state in the district in which the crime was committed. Right to know crimes accused of. The right to lawyer, to witnesses to speak on behalf of the accused, and right to confront witnesses against the accused.
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6th Amendment
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8th Amendment
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No excessive bail or punishments for crimes. (Proportionality)
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No excessive bail or punishments for crimes. (Proportionality)
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8th Amendment
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14th Amendment (5 sections)
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Anyone born in the US is a citizen, along with those who are naturalized. Citizens may not have rights taken away from them without due process of law. Equal protection.
Voting for state and federal offices is the right of 21 males who have not committed treasonous acts. You cannot serve in office if you have rebelled against the constitution, unless 2/3 of Congress removes the disability. All debts owed to or from the Government are valid except to those pertaining to rebellion and the outlawing of slavery. Congress has to power to enforce these amendments. |
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Anyone born in the US is a citizen, along with those who are naturalized. Citizens may not have rights taken away from them without due process of law. Equal protection.
Voting for state and federal offices is the right of 21 males who have not committed treasonous acts. You cannot serve in office if you have rebelled against the constitution, unless 2/3 of Congress removes the disability. All debts owed to or from the Government are valid except to those pertaining to rebellion and the outlawing of slavery. Congress has to power to enforce these amendments. |
14th Amendment
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Marbury V Madison
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In 1803, the supreme court established the right to review new laws or their application for Constitutionality.
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In 1803, the supreme court established the right to review new laws or their application for Constitutionality.
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Marbury V Madison
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Order of Courts
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Magistrate
District Courts Circuit Courts of Appeal Supreme Court |
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Magistrate
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deals with bankruptcies, warrants, and other paper work.
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deals with bankruptcies, warrants, and other paper work.
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Magistrate
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District Courts or Trial Court
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Has original jurisdiction over all federal criminal cases and many other.
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Has original jurisdiction over all federal criminal cases and many other.
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District Courts or Trial Courts
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Circuit Courts
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11 Courts of Appeal plus D.C. And Federal Court of Appeals (13 Total). Where appealed cases are tried. 5 Judges.
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11 Courts of Appeal plus D.C. And Federal Court of Appeals (13 Total). Where appealed cases are tried. 5 Judges.
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Circuit Courts
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Supreme Court
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Highest Court in the land. Final appeal. Only deals with Constitutional issues. Original jurisdiction over cases involving one or more states.
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Highest Court in the land. Final appeal. Only deals with Constitutional issues. Original jurisdiction over cases involving one or more states.
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Supreme Court
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U.S. Bankruptcy Courts
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Exist where magistrate courts no longer deal with bankruptcy cases.
1. Absolute bankruptcy: All debts and mostly assets (retirement, car, house) are wiped out\ . Still have to pay debts but can be in an installment plan |
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Texas Courts
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Texas Supreme Court
Texas Court of Criminal Appeals OR Court of Civil Appeal Texas District Courts Texas County Courts Texas Justice Courts Texas Municipal Courts |
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Ways a Congressman can view their job:
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The delegate will represent the majority of the people.
A trustee will vote based on his personal judgment. |
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Oversight
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The Congressional ability to over see bureaucracy and agency to make sure the laws are upheld.
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The Congressional ability to over see bureaucracy and agency to make sure the laws are upheld.
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Oversight
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Defined Powers
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Outlined in the constitution
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Implied
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"Needed" to carry out laws
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Title 18
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Outlines specific Criminal Behavior and procedures. Applies to persons and businesses.
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Defined Criminal Procedures (title 18)
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Limitations on what police can do.
Rights of suspects and defendants (miranda rights) A suspect is someone who has yet to be linked to a crime, therefore there is no crime yet. A defendant is one who is accused. |
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Ex Post Facto
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No one can be punished by a law created after the fact
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No one can be punished by a law created after the fact
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Ex Post Facto
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Requirements for a Crime
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The crime must be outlined and there must be a punishment prescribed.
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Arraignment Order
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- The judge or clerk will read the charger
- The plead (guilty, not guilty, etc.) is entered - Trial date is set - Jury or judge trial determined |
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Utilitarian System
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Allows for the happiness of the greatest number
A way to maintain order |
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First Theory (Deterrence) for Justice System
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General Deterrence: Demonstrates crime doesn’t pay
Specific Deterrence: Deter someone from committing another crime - Through incapacitation and intimidation Rehabilitation: Through programs while in prison. Number one, education. No longer popular. |
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Second Theory (Retribution) for Justice System
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Retribution: Just deserts. You get what you deserve.
Potential Justifications (Restitution) - Benefits and burdens: Compensations - Punishment is a way to show his rights are not superior to societies |
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Social Responsibility in Justice System (3)
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Thing mast be carried out according to the law.
Crime must be proportional. It is up to the state to prove guilt, not the accused to prove innocence. |
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Actus Rues
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The action must be done willfully. Or, as an act of omission.
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Mens Rea
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Must be done with intent or as a result of a risk that the rick taker ought to be aware of and the consequences.
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Omission: Statutory Duty
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The law defines your duties
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The law defines your duties
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Omission: Statutory Duty
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Omission: Duty by Contract
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Someone takes responsibility through an agreement, oral or otherwise
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Someone takes responsibility through an agreement, oral or otherwise
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Omission: Duty by Contract
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Omission: Duty by Statute
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A parent or gaurdian
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A parent or gaurdian
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Omission: Duty by Statute
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Omission: Duty by Risk Creation
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You create an undue risk during the fulfillment of a duty
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You create an undue risk during the fulfillment of a duty
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Omission: Duty by Risk Creation
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Three Requirements for Ending Up in Supreme Court
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1. You must have exhausted all legal remedies in the State Court
2. It must be an unresolved constitutional issue 3. Must prepare (or get approved) a Writ of Certiorari |
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Writ of Certiorari
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an order that all other courts that have dealt with this case must submit their documents to the Supreme Courts.
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an order that all other courts that have dealt with this case must submit their documents to the Supreme Courts.
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Writ of Certiorari
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Indigent Procedure
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Must file affidavit in forma pauperis. The court will provide an attorney to represent you.
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Possible supreme court decisions (4)
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1. Overturn Conviction
2. Order New Trial 3. Affirm Conviction 4. Modify a Sentence |
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Statue of Limitations
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Sets a time limit in which you've be tried
Murder and rape have no statue of limitation Normally 3-5 years, varies from state to state |
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Supreme Court Procedure
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1. A case is brought before the judges.
2. The judges go to a conference. If they wish to review the case they issue a Writ of Certiorari 3. At the time of the case the State and Defense both take their turn. When the white light on the podium comes on you have ten minutes to talk, and when the red light comes on, you stop. Justices may ask questions which also counts towards the time. 4. Defense has one rebuttal 5. Court issue decision later after conference |
