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131 Cards in this Set

  • Front
  • Back
Felony
potential punishemtn of more than one year incarceration
misdemenor
punishable of up to 1 year in jail
crimes
a felony or misdemenor
violation
punishabel by up to 15 days incarceration
persistant felon
3 strikes rule
Class A misdemenor
up to 1 yr in local jail
class B misdemenor
up to 90 days in jail
Class A felony
up to life in prison
Class B felony
up to 25 years
Class C felony
up to 15 years
Class D felony
up to 7 years
Class E felony
up to 4 years
aggrivating factor
that which raises the seriousness of the crime
examples of aggrivating factors
1. amount 2. weapon 3. culpable mental state 4. hate crime 5. age of victim 6. type of building 7. # of times previously convicted
amount
agrivating factor commonly found in the larceny and drug offenses
weapon
use or the treatened use of this is an aggrivating factor. commonly found in the robbery burglary nd assault statutes
heiarchy of weapons
dangerous instsrument -> deadly weapon --> explosive
culpable mental state
aggrivating factor commonly found in the homicide and assault offneses. Intentionally- knowingly- recklessly-- with criminal negligence.
hate crime
aggrivating factor when the victim is part of a protect group. harassment.
age of victim
aggrivating factor commonly found in rape 3rd and sex crime offenses
type of building
aggrivating factors commonly found in burglary offenses
# of times previously convicted
aggrivating factor commonly found in DWI offenses.
plea bargaining
the defendant gets a lesser charge in exchange for a guilty plea.
why would a DA plea bargain?
lack of evidence, uncoperative witnesses, defendants aggrement to coperate in finding other criminals.
white collar crimes
professionals who commit fraud or emberzzlement in their professional capacity. non-violent, thefts.
victimless crime
no complaining witness. prostitution, drug offenses, gambling
Is society a the victim?
wade hearing
a pretrail hearing to contest the validity of a prior identifycation proceeding.
inferior court
preliminary jurisdiction over felonys and trial jurisidiction over misdemenors
huntley hearing
a pretrial hearing used to suppress statements that a defendatn has made to the police in violation of his constitutional rights. contests the validity of a statement
mapp hearing
a pretial hearing to determine tha admissibility of physical evidence seized by the goverment. `
stages in a criminal proceeding
1. filing of accusatory instrument
2. arraignment
3. preliminary hearing (FELONYS ONLY***)
4. grand jury
5. arraginment in superior court
6. discovery
7
pretial hearings
8. trial
sentence
appeal
filing an accusatory instrument
marks the offical start of a criminal prosicution. (felony compalint, misdemenor complaint, prosecutors information)
arraginment
necessary by mandate of the constitution. adivsed:
right to cousel, of the charges against you, bail. at the arraigment after gj action a def. can plea guilty to a felony in superior court
bail
ensures the defendants timely return to court. necessary for a misdemenor, judicial discretion used on felony) look into any bench warrents
ROR
relased on recognisence. insted of bail
preliminary hearing
felonys only. provide evidence to prove probable couse and that the defendant committed the crime. within 5-6 days of arrest held in LCC. determines if you can be held in custordy
grand jury
chargin agencys. sit for terms of about 30 days. 16-23 people. 12 to indict. if not 12 its a no bill (ADA can try again w/ different jury 1X) true bill is where probable cause is established
prosecutors information
grand jury action that tells the DA that there is insufficient evidence to support a felony, but they should file misdemenor charges in LCC
indictment
action from the grand jury that confers trial jurisdiction to a superior trial for for a cfelony.
discovery
45 day motion period to clarify factual issues
challenge for cause
vior dire challenge. unlimited. attorneys dismiss jurors for vaild reasons that make it impossible for them to be fair/impartail.
batson v. kentucky
a peremporty challange can not dimiss a juror purely for racial reasons
peremptory challenges
limited by statute. each attorney can dissmiss a certain number of jurors without giving a reason A felony =20 each b/c felony=10 each, other felonies =10
preliminary instructions
judge advises jury of appropriate behavior during trial (keep open mind, dont visit scene etc)
opening statements
DA must give statement and goes first. the defense can if they want. gives outline of case to jury and must establish all elements of the crimes charged.
proof
peoples case in cheif. da has the burden
summations
defense goes first. DA goes last and is required to make one. it summerizes the case.
deliberations
jury renders a verdict which must be unanamous.
verdict
must be unanamious. end product of jurors deliberations. a finding of guilt or innocent.
steps on a trial
jury selection/challenges
2. preliminary instructions
3. opening statemtn
5. proof direct the corss examination
6. summation
final charge
(deliberation then verdict)
types of criminal senences
1. fine
2. conditional/unconditional discharge
3. probation
3. incarceration
5. death
fine
crimainal sentance where money is paid to state. limited in amount by statute
restitution
money paid to an indevidual. a condition of probation limite by amount of damage
condition/unconditional discharge
def cant get rearrested for a certain time period until case expires, if he does his case will be put back on the courts calander for sentancing. condtions like community service or restitution may apply
probation
alternative sentaence. placed under supervison defedent must report on a regular basis so employment or progress can be monitored. if def fails to meet conditions he can be resentenced.
bifercated trial
required process to make the death penalty legal. 2 prong trial A. establish guilt B. decide punishment. uses the same jury that established guilt
NYS death penalty
enacted in 1995, never been used. declared unconsititional and still is.
when cant you plea?
if capitol punishment is an option
who decides if the death penalty is asked for
the DA must formally request it after arraignment in superior court.
murder 1
victim was: on duty police/peace officer. a crime witness/ memboer of a crime witnesses family, killed for money, felony murder, same transaction w/ 2 deaths, torture, 2 or more victims, judge
rehabilitation
defendants antisocail behavior is corrected
specific deterance
defendant wil not commit cirmew while in prison and dislike the experince so much that he will aviod futher aviod fruther criminal activity
general deterrance
making an example. others in the community will choose not to commit this act, fearing the same punishment.
warehousing
while the defendant is behind bars, he cannot committ crimes out in society
people v. ingle
in order to be pulled over, the cop must have reasonable suspicion that you broke the vehicle and traffic law.
when can a cop get you out of the car?
pretty much allways.
when can you stop and frisk
reasonable suspicion that criminal activity is afoot.
2 ways to convict a DWI
common law- look drunk, slur speech, failure of roadside test
BAC- .08 or higher
common law DWI
abillity to drive is severly imparied.
what happens if you refuse to take a breathalizer?
your license can get revoked. you will not get a plea bargain. refusual to take the test will be used against you in court
commisioners warning
trigged when defendant refuses a breathalizer
to get pulled over
reasonable suspicion that Vehicle and traffic law is violated or probable cause that a crime is being or has been commited
can you use an attorney to help decide if you should take a breathazlizer?
police must allow you the opportunity to try and contact your lawyer, but if they cannot be reached in reasonable time, you must make your own decision.
considerations when asked to take a breathalzier
how much have i had?
how will this affect my job?
prior convictions?
Surcharges
imposed with fine in court. paid to state.
administrative law
deals with discrimination
Surcharges
imposed with fine in court. paid to state.
what do enabling statutes create
they create commissions
administrative law
deals with discrimination
what do commissions create
they create regulations and procedures.
what do enabling statutes create
they create commissions
Federal remidys against discrimination
EEOC (is the agency), equal pay act, title VII, age discrimination in employment act, americans with disabilities acts
what do commissions create
they create regulations and procedures.
EEOC
an administrative agnecy. equal employment oppertunity commison, must have 15 employees for jurisdiction
Surcharges
imposed with fine in court. paid to state.
Federal remidys against discrimination
EEOC (is the agency), equal pay act, title VII, age discrimination in employment act, americans with disabilities acts
ALJ
administrative law judge
administrative law
deals with discrimination
EEOC
an administrative agnecy. equal employment oppertunity commison, must have 15 employees for jurisdiction
when does a discrimination case go to federal court
after all the EEOC administrative remedies have been exhasted.
what do enabling statutes create
they create commissions
ALJ
administrative law judge
Human rights law
ny remedie against discrimination. proscribes discrimination based on age, race, creed, religion, color, national origin, sex, disability or martial status
what do commissions create
they create regulations and procedures.
when does a discrimination case go to federal court
after all the EEOC administrative remedies have been exhasted.
DHR
division of human rights. administative (state) agency that enforces the Human rights law. jurisdiciton of more than 4 employees.
Federal remidys against discrimination
EEOC (is the agency), equal pay act, title VII, age discrimination in employment act, americans with disabilities acts
Human rights law
ny remedie against discrimination. proscribes discrimination based on age, race, creed, religion, color, national origin, sex, disability or martial status
how does a case get to NYS courts
after DHRS administrative agencies have exhasted options
EEOC
an administrative agnecy. equal employment oppertunity commison, must have 15 employees for jurisdiction
DHR
division of human rights. administative (state) agency that enforces the Human rights law. jurisdiciton of more than 4 employees.
ADEA
age discrimination in employment act
ALJ
administrative law judge
how does a case get to NYS courts
after DHRS administrative agencies have exhasted options
ADA
americans with disablitys act
when does a discrimination case go to federal court
after all the EEOC administrative remedies have been exhasted.
ADEA
age discrimination in employment act
Title VII
civil rights act
Human rights law
ny remedie against discrimination. proscribes discrimination based on age, race, creed, religion, color, national origin, sex, disability or martial status
ADA
americans with disablitys act
Title IX
prohibits gender discrimination in college sports
DHR
division of human rights. administative (state) agency that enforces the Human rights law. jurisdiciton of more than 4 employees.
Title VII
civil rights act
how does a case get to NYS courts
after DHRS administrative agencies have exhasted options
Title IX
prohibits gender discrimination in college sports
ADEA
age discrimination in employment act
ADA
americans with disablitys act
Title VII
civil rights act
Title IX
prohibits gender discrimination in college sports
DHR investigative procedure
1. recieve complaint and notify respondents
2. resolve questions of juridiction
3. at request, send copy of complaint to EEOC
4. investigate through appropriate mehtods (confrence, field work etc)
5. attempt to settle matter through conciliation
6. if it cant, Divion will determine if there is probable cause to belive an act of discrimination has occurred.
DHR procedure after investigation
1. represented by division attorney
2. notice of hearing is issued at least 1 week in advance
3. ALJ presides over case
4. proposed over is prepared
5. dissimed, or ordered to responded and cease and desist discriminatory behavior.
Compliance investigation
within one year, the compliance investigation unti checks whether the respondent has compiled with the provisions of the order
how do courts analyze discrimination cases
disparate treatment
disparate impact
disparate treatment
means that some people claim they were treated less favorably than others b/c of unlawful discrimination. must prove by preponderance that employer intended to discriminate. 1 person?
disparate impact
a neutral employment practice has an adverse impact on a protected froup of employees that negativly affects some employees more than others. employer must prove by a preponderacne that practice is busness justified.
BFOQ
Bona fide occupational qualfication. discrimiantion is allowable if an employer establishes a lawful job-related reason for the discrimination
when can you discrimiate on basis of disability
when it interfers w/ a persons ability to preform their job in a reasonable mannor.
can you be fired if a disability makes you miss work?
yes, its not protected by ADA, even when your disability is the result of an on the job injury
what is sexual harassment
unwanted sexual adavnces, requrests for sezul favors, or other verbal or physical conduct of sexual nature when 1. submission to conduct explicitly or implicity a term or condtion of an indiviuals employment or 2. submission to or rejection of such conduct by and individual is used as the basis for emoployment decisions affecting individual 3. conduct has the purpose of unreasonable interfering wiht an affected persons work performatnce. or creating a hostile work enviorment.
what else has discrimination laws?
credit, housing, theatres, public buidings and transportation
afirmative actions
requires employers, schools etc, to take positive steps in reducing present discrimination. lawfully allows prefentail treatment based on clolr, sex, creed, and age.