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34 Cards in this Set
- Front
- Back
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Criminal law |
Area of study that investigates what is a crime what needs to be proved in court of law to show that a crime has been committed |
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Legislative branch |
Creates "social control". Writes the law. Represents *Will of the people* |
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Executive branch |
President of US. PA executive - governor Tom Wolf enforces law. |
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Where is a crime found/ defined |
Crimes code |
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Citizens owed |
Public Safety and protection |
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Citizen duties |
Obey the law |
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Role of law enforcement |
Enforce the law |
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Purpose of CJ system |
System of balances. Public protection, public wants to be free of government intrusion. |
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Mirroring vs Reflection |
Mirroring-100% same picture Reflection - distorted view, not 100 % accurate. Govt reflects publics morals, doesn't mirror them. Law reflects morals of those who make them (legislative ) |
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Police power |
Each state is responsible for public safety and public order |
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10th amendment |
Power and responsibility to promote protect and provide for public safety, health and morals |
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*Limitations of police power* |
1. Regulation is in public health , safety or morals 2. Compelling evidence public is in need of regulation 3. Regulation does not infringe constitutional rights |
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Rape scenario |
Guy A+B+C- RAPE Guy D+E+F- NO CRIME (WHISTLE CLAP) Guy G- SOLICITATION TO COMMIT RAPE, ALL H'S CRIMES (PAYS H TO RAPE GIRL ) Guy H- ATTEMPT TO COMMIT RAPE, ( INCAPABLE OF COMMITTING RAPE ) Guy I- CIVIL LAW DUTY- DUTY TO PROVIDE SAFE ENVIRONMENT( BAR OWNER) Guy J+K- NO CRIME (WATCH RAPISTS) |
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Overcharging |
"Throw the book" Reasons- 1.Jury options 2.Plea bargaining |
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Criminal liability |
1. Crime- crimes code 2. State (commonwealth ) v. Defendant 3. Punishment ( options in crimes code, punishment given by Judge ) 4. Burden of proof ( Beyond a reasonable doubt ) highest burden of proof |
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Civil liability |
1. Tort 2. Victim v. Defendant 3. Damages ($, sue) 4. Preponderance of a doubt ( tip the scale) 50.01 % + |
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Compensatory (always available) |
1. Medical bills 2. Lost wages 3. Pain +suffering |
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Punitive (maybe available ) |
Judge decides if victim (plaintiff) gets punitive damages. |
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Ex post facto laws |
Found in article 1 of the constitution 1. Can't make law retroactive 2. Can't aggravate crime retroactively 3. Can't increase punishment of a crime retroactively |
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Void for vagueness |
A law is void if on its face it is too vague for a person with common knowledge will need to guess at its meaning |
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Status crimes |
Cannot punish a person for his or her status only their actions |
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Overbreadth |
Prohibits statutes that prohibit so much that are so broad that it violates a citizens constutional rights. |
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Pennsylvania misdemeanor |
UP TO 5 years in prison. |
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Pennsylvania felony |
MORE THAN 5 years in prison. |
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PA Classification crimes |
Legislative branch sets Max sentence for any crime. Judge has discretion in giving minimum sentence, cannot exceed half of max sentence. 10-20 years ok 15-20 years not okay. |
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Equal protection |
Everyone must get treated equally in the court room and have a fair trial. Due process |
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UCR- uniform crime report |
FBI publishes UCRs . Unreported crimes biggest problem. Only shows most serious crime if the offender is arrested for more than one offense |
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Clearance Rate |
"Cleared"- arrest has been made. |
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*9th amendment* |
States not all citizen rights are written in the Constitution |
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14th amendment |
Created due process for STATE govt |
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5th amendment |
Created due process for FEDERAL govt |
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Rule of strict construction |
Judicial construction. Judges are bound to read criminal laws in its most narrow view. |
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Interpretations of law |
1. Police 2. Prosecutor 3.DA 4.Judge 5. PA Appellate superior court 6. PA Supreme Court |
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Criminal law |
Rules of conduct that forbid specific acts or in some instances require certain acts |
