Cj Test 2

Front 1

substantive law

Back 1

an institutionalized pattern of justice rests on the definition or delieations of rules and the specification of what requirements must be met for something to qualify as a law

Front 2

general principles

Back 2

basic level of requirements to qualify as a law

Front 3

major priniples

Back 3

determinations of the requirement to establish if a behavior is criminal

Front 4

procedural law

Back 4

determination of the manner in which rules will be enforced

Front 5

crime control

Back 5

emphasizes the repessing rules violations and quick justice; preoccupied with repression of criminal activity and efficiency of action

Front 6

due process

Back 6

the extent to which the justice system may intrude into a citizen's private life; emphasizes procedure and insists on formal fact finding process; not very efficient

Front 7

4th, 5th, 6th, and 8th amendements

Back 7

are particularly relevent for purposes of criminal law

Front 8

self incrimination

Back 8

the fifth amendment contains these protections and is interpreted more specifically in reference to whether a confession was voluntary

Front 9

Miranda v Arizona

Back 9

the court held that a confession cannot be used if the arresting officers do not advise the arrested person of his right to remain silent

Front 10

unreasonable search and seizure

Back 10

the fourth amendment protects citizen from these

Front 11

exclusionary rule

Back 11

is associated with but separate from the 4th amendment

Front 12

Mapp v Ohio (1961)

Back 12

established the exclusionary rule; supreme court found that the state courts must exclude evidence obtained illegally; also established fruits of the poison tree doctrine

Front 13

fruits of the poison tree doctrine

Back 13

Mapp v Ohio established this which said, evidence generatied by an illegal search must also be excluded

Front 14

the right to counsel

Back 14

established by the 6th amendment and decided by the supreme court in Gideon v Waiwright

Front 15

Gideon v Wainwright (1963)

Back 15

established the right to counsel

Front 16

doctrine of factual guilt

Back 16

under the crime control model this doctrine or the presumption of guilt established by evidence, confession, witnesses etc. would lead to rapid and final determination of guilt

Front 17

legal guilt

Back 17

must be established under the due process model; requires that guilt be decided via a previous established process

Front 18

the right to refuse to answer questions and the right to a lawyer

Back 18

suspects in 32 nations are generally accorded these 2 rights; these rights depend on if the suspect is aware of them

Front 19

prior to police interrofation

Back 19

suspect must be informed to the right to refuse to answer and the right to a lawyer then

Front 20

admission of guilt

Back 20

in common law justidictions this eliminates the need for a trial all together; in civil law justisdictions this is insufficient for convistion

Front 21

adversarial adjudication process

Back 21

considered the developmental successor to private vengeance, with the power to initaite action moving from the individual to the state

Front 22

judge

Back 22

serves as referee between disputing parties

Front 23

adversaries

Back 23

disputing parties

Front 24

inquisitorial process

Back 24

the role of judge is changed from accuser to investigator; judges rather than attoneys assume the primary and active roles by calling witnesses and evaluating evidence

Front 25

pre-trial screening process

Back 25

truth is said to arise from continuing investifation so the most emphasis is placed on this

Front 26

civil trials

Back 26

typically shorter than american trials where the plea bargain doesnt exist

Front 27

plea bargain

Back 27

when a defendant enters a guilty plea in exchange for a stipulated bargain

Front 28

civil law prinipal of legality

Back 28

requires civil law prosecutors to bring changes for the crime the suspect is alleged to have committed not for what they are willing to stipulate to

Front 29

negotiations

Back 29

not used in the civil system

Front 30

adversarial process

Back 30

emerage from trial by ordeal convention of the 10th-13th centuries; a battle settle disputes with the winner having truth on their side; emphasizes procedure over substance

Front 31

cross examination

Back 31

a safeguard of the adversary system; used in place of swords to challenge or destory a witness' testimony

Front 32

safeguards of the adversary system

Back 32

cross examination and power distribution to the prosecution, defense, judge and jury

Front 33

burden of proof

Back 33

in the adversary system lies of the prosecutor who assumes that the defendant will maintain silence

Front 34

jury/judge

Back 34

decie which version of truth is more convincing

Front 35

rules of discovery

Back 35

compel the sharing of evidence by both sides

Front 36

confucianism/ru jia

Back 36

influences chinese legal theory; supported by elites of society

Front 37

legalism/fa jia

Back 37

influences chinese legal theory; held that law and punishment are necessary means of imposing order; emphasized fa/xing and advocated for merit based on selection of admin. officials based on relevant knowledge

Front 38

moral force

Back 38

order among content and prosperous people was best achieved through this and the rules of reason

Front 39

chinese law

Back 39

reserved for relations between subjects and the state and for those who do not observe rites (li)

Front 40

5 relationships

Back 40

sovereign to subject
parent to child
elder to younger
friend to friend

Front 41

hierarchy in chinese law

Back 41

determined type of punishment for crime; different for different classes

Front 42

fa (in legalism)

Back 42

writing

Front 43

xing (legalism)

Back 43

punishments

Front 44

basic elements of of socialist legal tradition

Back 44

russian law, view of law as artificial, and marxism leninism

Front 45

marxism-leninism

Back 45

law is subordinate to policy; places right of the collectivized economy and solciality state above the idea of law or right of individuals

Front 46

autocratic sovereign

Back 46

law was deemed the work of this, a privilage of the bourgeoisie and of no importence to ordinary people

Front 47

socialist courts

Back 47

serves an eduactional purpose intended to establish a rule of order which will guide societies toward a communist ideal

Front 48

socialist law

Back 48

says it will provide the desirable economic order and the result will be justice for its citizens