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39 Cards in this Set
- Front
- Back
Tribalism
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*social bond=tribe
*tribal law *responcibility=collective *wronged party=tribe *sanction=blood feud *once tribes get bigger they take over more land and get more sophisticated *kings get more power |
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Feudalism
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*stratification
*social bond=fiefdom (fief=tract of land) *system of personal dependance *law=obligations and duties *military service for protection *responcibility=collective and individual *sanction=compensation *decentralized legal system |
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Differences between Adult and Juvenile Court (5)
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1)no determination of guilt
2)closed to public 3)speed and flexibility *formalities don't exist *juicial discretion 4)backround information *needs and amenability to treatment 5)treatment oriented not punishment |
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LIMITS OF LAW
Ex Post Facto |
*Art 1 Sec 9
*can't make new crime, increase punishment, reduce proof -if something wasn't a crime when a person did it and it later becomes a crime, the person cannot be punished for it |
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LIMITS OF LAW
Void For Overbreadth |
*prohibits illegal activities but at the same time prohibits legal activities
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TERRORISTS TYPES
Revolutionary |
*uses vilence to envoke fear in the people that hold power and those who suprt them
*replace existing gov't *want gov't to come after them -make gov't look bad and them good |
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TERRORIST TYPES
Political |
*dirrected at people to oppose their ideology
*in US they tend to be heavily armed *not likely to overthrow gov't *make statement EX- Waco Texas, Oklahoma City, Ruby Ridge |
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TERRORIST TYPES
Nationalist |
*ethnice/religious minority group (been bashed for decades)
*create own homeland |
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TERRORIST TYPES
Cause Based |
*directed at specific individuals and gov't for a specific cause (abortion)
Osama Bin Ladin - Americans being in Saudi Arabia (based on religion) |
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TERRORIST TYPES
Environmental |
*love to set fires
ELF(earth liberation front) Turkey farms around thanksgiving |
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TERRORIST TYPES
State Sponsored |
*the gov't is the terrorist
*repress minorities *repressive gov't - death squads -currently used by approx 35 countries *those voicing opposition to the gov't are those who are typically targeted |
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TERRRORIST TYPES
Criminal |
*crimes fund terrorist activity
*big money - goal |
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1937 Geneva Convention
Why didn't it work? |
no clear definition of 'terrorism'
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Office of Homeland Defense
Duties: |
*boarder control
*helping state and local agencies update emergancy responce procedures *how do you protect society while maintaining individual rights |
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Foreign Task Force
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*deals with illegal aliens
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Anti-terrorism legislation
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*US jurisdiction abroad - when it involves US citizens
*use of death penalty - even in non-death penalty countries (might not be possible) |
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Assets (terrorism)
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*freeze them
-how you get at terrorists -cutting off their money supply |
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Hate Crime Statistic Act of 1990
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*report crimes motivated by hate separatly
*types of hate crimes coverd: race, religion, sexual orientateion, ethnicity |
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Types of hate crimes committed
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*Most are intimidation and simple assult
*more often a person crime as opposed to a property crime |
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Motivation for Hate Crimes (3)
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1)Thrill seeking (it's fun)
2)Reactive (view as threat) 3)Mission Oriented (rid the world of evil... these tend to be the nuts) |
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Omission vs. Commission
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O- didn't do something that the law says you need to do
C- did something law says you can't do |
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Legal Duty to Act (4)
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1)Statute - law that says you have to help (Alaskan law, doctors)
2)Status Relationship - parent must help child, some states husband/wife 3)Duty to Care For Another - lifeguards, day care workers 4)Assume Care For Another |
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Good Samaritan Laws
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*protect against civil and criminal lawsuits
*must exercise reasonable care |
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Inchoate Offences (3)
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*crimes that go beyond mere though but do not result in a completed crime
1)solicitation - ask/hire someone to commit crime 2)attempt - intent+act to corroborate, closest to actually doing crime itself 3)conspiracy - 2 or more agree to commit crime |
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COMMON LAW LEVELS OF INTENT
General |
*logical outcome of behavior
*must prove intent to commit act |
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COMMON LAW LEVELS OF INTENT
Specific |
*prove act + specialized knowledge
(burglery, drug trafficing) |
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COMMON LAW LEVELS OF INTENT
Constuctive |
*didn't mean to hurt someone, but should have known behavior would hurt someone
*should have known high risk injury |
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COMMON LAW LEVELS OF INTENT
Transferred |
*intend to harm one, but harm another
*transfer the original intent |
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HOMICIDE
Justifiable |
*police, self defense, soldiers, executioners
*legal necessity or duty |
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HOMICIDE
Excusable |
*acting within the law + no intent
*accidents - hockey games baseball games |
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HOMICIDE
Criminal |
*everything else
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MODEL PENAL CODE LEVEL OF INTENT
Negligent |
*should have been aware of risk
*charge - involuntarty manslaughter |
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MODEL PENAL CODE LEVEL OF INTENT
Reckless |
*consciously disregards risk
*charge - voluntary manslaughter |
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MODEL PENAL CODE LEVEL OF INTENT
Knowingly vs Purposely |
*kind of go together
*1st vs 2nd degree murder -1st is premediated |
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Exceptions to Intent
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*strict liability offences
*liable regardless of intent (EX traffic offences) |
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Year and A Day Rule
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*determines WHAT charges can be filed
*only what happens within a year and a day of the initial crime |
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Statute of Limitations
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*WHEN charges can be filed
*time period for charges to be allowed to be filed *why is exists -efficency/prevent back-up -fairness to defense |
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JUSTIFICATIONS
Necessity |
*harm avoided is more important than offense
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JUSTIFICATIONS
Duress |
*coerced by use or threat of force
*cannot be used with murder *threat must be immediate |