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39 Cards in this Set

  • Front
  • Back
Tribalism
*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
Feudalism
*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
Differences between Adult and Juvenile Court (5)
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
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
LIMITS OF LAW
Void For Overbreadth
*prohibits illegal activities but at the same time prohibits legal activities
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
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
TERRORIST TYPES
Nationalist
*ethnice/religious minority group (been bashed for decades)
*create own homeland
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)
TERRORIST TYPES
Environmental
*love to set fires

ELF(earth liberation front)
Turkey farms around thanksgiving
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
TERRRORIST TYPES
Criminal
*crimes fund terrorist activity
*big money - goal
1937 Geneva Convention
Why didn't it work?
no clear definition of 'terrorism'
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
Foreign Task Force
*deals with illegal aliens
Anti-terrorism legislation
*US jurisdiction abroad - when it involves US citizens
*use of death penalty - even in non-death penalty countries (might not be possible)
Assets (terrorism)
*freeze them
-how you get at terrorists
-cutting off their money supply
Hate Crime Statistic Act of 1990
*report crimes motivated by hate separatly
*types of hate crimes coverd: race, religion, sexual orientateion, ethnicity
Types of hate crimes committed
*Most are intimidation and simple assult
*more often a person crime as opposed to a property crime
Motivation for Hate Crimes (3)
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)
Omission vs. Commission
O- didn't do something that the law says you need to do
C- did something law says you can't do
Legal Duty to Act (4)
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
Good Samaritan Laws
*protect against civil and criminal lawsuits
*must exercise reasonable care
Inchoate Offences (3)
*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
COMMON LAW LEVELS OF INTENT
General
*logical outcome of behavior
*must prove intent to commit act
COMMON LAW LEVELS OF INTENT
Specific
*prove act + specialized knowledge
(burglery, drug trafficing)
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
COMMON LAW LEVELS OF INTENT
Transferred
*intend to harm one, but harm another
*transfer the original intent
HOMICIDE
Justifiable
*police, self defense, soldiers, executioners
*legal necessity or duty
HOMICIDE
Excusable
*acting within the law + no intent
*accidents - hockey games baseball games
HOMICIDE
Criminal
*everything else
MODEL PENAL CODE LEVEL OF INTENT
Negligent
*should have been aware of risk
*charge - involuntarty manslaughter
MODEL PENAL CODE LEVEL OF INTENT
Reckless
*consciously disregards risk
*charge - voluntary manslaughter
MODEL PENAL CODE LEVEL OF INTENT
Knowingly vs Purposely
*kind of go together
*1st vs 2nd degree murder
-1st is premediated
Exceptions to Intent
*strict liability offences
*liable regardless of intent
(EX traffic offences)
Year and A Day Rule
*determines WHAT charges can be filed
*only what happens within a year and a day of the initial crime
Statute of Limitations
*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
JUSTIFICATIONS
Necessity
*harm avoided is more important than offense
JUSTIFICATIONS
Duress
*coerced by use or threat of force
*cannot be used with murder
*threat must be immediate