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32 Cards in this Set
- Front
- Back
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Sources of Criminal Law
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1) Common Law
2) Statutory 3) Administrative 4) Constitutional 5) Treaty 6) Model Penal Code |
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Common Law
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Judge Made
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Statutory Law
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Legislature Made
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Administrative Law |
Bureaucrat made law |
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Constitutional Law |
Supreme Law |
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Treaty |
Between Nations |
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Model Penal Code |
Scholar Made |
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Misdemeanor |
less than 1 year in jail |
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Felony |
More than 1 year in prison |
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Malum in se |
inherently bad |
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Malum Prohibitum |
bad because it is outlawed for regulating society ex. motor vehicle code |
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White Collar |
related to occupational crime ex. fraud, embezzlement |
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Victimless |
no witness ex. prostitution |
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Status Offense |
Juvenile, underage drinking, Minor in possession truancy |
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Pretrial Stage |
1) arrest 2) appearance 3) Grand Jury 4) Preliminary Hearing 5) Arraignment |
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5th amendment |
1) Grand Jury 2) Double Jeaopardy 3) No self Incrimination 4) Due Process 5) Just compensation (eminent domain) |
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4th amendment |
1) search and seizure 2) warrant 3) probable cause |
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6th amendment |
1) Speedy Trial 2) Public Trial 3) Impartial Jury 4) Notice 5) Right to confront witness 6) summon witnesses to testify 7) Right to council |
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8th amendment |
1) no cruel and unusual punishment 2) No excessive Fines 3) No excessive bail |
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Victims of Police Brutality |
Rodney King (Black) Abner Louis (Black) Amadou Diallo (Black) |
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Rodney King |
beaten by cops after high speed chase |
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Abner Louis |
descent from Haiti; beaten by cops in NYC and became a millionaire |
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Amadou Diallo |
from Guinea; police shot 41 shots; accused of rape |
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Dark Figure |
Crimes not reported |
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Limited Jurisdiction |
Misdemeanors 1) County Court 2) Justice of the Peace 3) Municipal Court |
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General Jurisdiction |
felonies 1) district courts Judge appointed by president |
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Exclusive jurisdiction |
Juvenile Court Bankruptcy |
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Concurrent Jurisdiction |
2 courts can hear same case |
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Original Jurisdiction |
Where case was tried |
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Appellate Jurisdiction |
Courts of last result Supreme court; 9 justices criminal appeals; 9 justices |
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Crime Control Model |
1) purpose 2) presumption 3) Efficiency 4) Outcomes 5) remedies 6) actors |
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Due process Model |
1) Purpose
2) Presumption 3) Inefficiency 4) Outcomes 5) Remedies 6) Actors |
