Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
64 Cards in this Set
- Front
- Back
|
TEXAS COURTS: Criminal Cases |
-Parties: State v. Defendant -Subject Matter: Alleged violation of TX Law -Source: Most criminal laws located in Texas Penal Code. |
|
|
TEXAS COURTS: Civil Cases |
-Parties: Plaintiff v. Defendant -Subject Matter: Usually disputes between private parties. (EX: divorces) -Source: varied; mainly compensation |
|
|
TEXAS COURTS: Trial Courts |
-Deals w/ questions of fact (guilty/ nonguilty) -Single Judge presides -Opportunity for witnesses, jury (unanimous in criminal cases) -Outcomes: guilty / not guilty |
|
|
Appeal (Definition) |
-legal mechanism generally for losing party in one court to complain to a higher court about a claim or error in the proceedings. (EX: wrongful convictions) |
|
|
TEXAS COURTS: Appellate Courts |
-Deal w/ questions of law -Usually, a panel of judges decides cases [3-majority rules] -No witnesses or jury -Review written records of proceeding below, oral argument -Parties: Appellant v. Appellee -----Appellant: brings the appeal -----Appellee: one against -Outcomes: affirm/reverse. (remand&render) |
|
|
Misdemeanor |
-Criminal Offenses punishable by 1 yr of incarceration or less |
|
|
Felony |
-Criminal offenses punishable by more than 1yr of incarceration |
|
|
TX STATE COURTS: Municipal Courts: Trial Courts |
-violation of municipal ordinances -misdemeanors punishable by fine only (classC) -appeal to the county court
|
|
|
TX STATE COURTS: Justice of the Peace Courts: Trial Courts |
-Misdemeanors punishable by fine only (classC) - Appeal to county courts |
|
|
County Courts: Trial & Appellate Courts |
-Main misdemeanor courts (class A, B) - Appeal to court of appeals |
|
|
District Courts: Trial Courts |
-Main felony court -Appeal to court of Appeals (except death penalty cases) |
|
|
Courts of Appeals: Main appellate courts, appeal fairly automatic |
-Misdemeanors/ Felonies -geographical districts -usually 3- panel judges -limited initial appeal by government in criminal cases -appellate judges write opinions, published in S.W reporter -discretionary appeal; to texas courts of criminal appeals.
|
|
|
Texas Court of Criminal Appeals: Highest state appeal court for criminal cases |
-discretionary appeal. except for death penalty cases -misdemeanors/ felonies -discretion generally exercised to resolve conflict in appellate districts, matter of statewide importance, failure to follow precedent, big error -Appellate judges write opinions, published in S.W reporter -Presiding judge and 8 associate judges, usually en banc |
|
|
Texas Supreme Court: Highest state appellate court for civil cases (including juvy cases) |
SAME AS NOTECARD BEFORE |
|
|
United States Supreme Court |
Need a federal aspect to continue discretionary appeal from state court system. |
|
|
Selection of Texas Judges |
Partisan elections |
|
|
(Federal Courts) Criminal Courts |
-Parties: United States v. Defendant (EX: treason, cross state lines, counterfeiting) -Subject Matter: alleged violation of federal law, usually involving an interstate aspect, crime committed on federal land, or some uniquely federal element. -Source: most federal criminal laws located in Title 18 of the U.S code. |
|
|
(Federal Courts) Civil Cases |
-Parties: Plaintiff v. Defendant -Subject Matter: Usually disputes between private parties, usually some federal or interstate aspect. -Source: Varied |
|
|
Magistrate Courts: Trial Courts (FC) |
-misdemeanors (by consent) -"helper judges": warrants, bails, pretrial matters -appeal to the U.S District Courts -Appointed by the U.S District court judges |
|
|
District Courts: Trial & Appellate courts. Main federal trial courts (FC) |
-misdemeanors/ felonies -geographical districts -appeal to U.S courts of appeals -----President nominates U.S District Court Judges -----Confirmed by the Senate |
|
|
Courts of Appeals: Main appellate courts (FC) |
- Misdemeanors/ Felonies - geographical districts (circuits) ( TX=5th circuit) -Usually 3 judge panels -appeals to U.S Supreme Court -nominated by pres, confirmed by senate |
|
|
Supreme Court: Primarily discretionary appellate court, certiorari (FC) |
-Misdemeanors/ Felonies -Discretion generally exercised to resolve conflict in appellate circuits, matter of nationwide importance, failure to follow precedent, big error -chief justice and 8 associate justices, usually en banc -nominated by pres, confirmed by the senate. |
|
|
Uniform Crime Reports |
-compiled by FBI -Based on crimes reported to police 3 Main Parts 1. crime clock 2. crimes known to police 3. arrests |
|
|
Crime Clock |
-Plots 7 and 8 "index" crimes against the clock *A violent crime occurred every 26.3 secs ~murder: 33.5 mins ~rape: 4.2 mins ~robbery: 1.6 mins ~Aggravated Assualt: 41.3 secs *A property crime occurred every 3.9 secs ~Burglary: 20 secs ~Larceny-Theft: 5.5 secs ~Motor vehicle theft: 44.6 secs |
|
|
Crimes known to the police |
-more detailed info re 8 "index" -crimes: murder, rape, robbery, aggravated assualt, burglary, larceny theft, motor vehcile theft, arson -approx. 9.2 million "index" crimes in 2015 |
|
|
Arrests |
- re "index" crimes and approx. 20 other crimes 4 biggest arrest offense categories 1. drug related crimes 2. theft 3. DWI/ DUI 4. Assualt |
|
|
UCR Advantages |
-UCR gives us info/ resources -Clarity of the crimes. (where;what) (data) |
|
|
UCR Disadvantages |
-misrepresentation of the actual crime -not 100% accurate [UCR is limited] -federal crimes might not match state crimes |
|
|
National Crime Victimization Survey |
-Compiled by Bureau of Justice Stats (with the census bureau) -Based on survey of representative sample (asking iff they have been victims of certain crimes) -Includes crimes that aren't reported -Survey sample results projected to produce national victimization rates -in 2015, approx. 19.6 million estimated victimizations. |
|
|
NCVS Advantages |
-it's anonymous -data collection |
|
|
NCVS Disadvantages |
-over-report or under-report -small range sample -dishonesty since it is anonymous |
|
|
Natural Law |
Universal principles of right/ wrong that apply to all people in all times |
|
|
Mala in Se |
-Bad in itself -EX: murder, rape, robbery |
|
|
Mala Prohibita |
-behavior prohibited by criminal code -bad as/ because prohibited -EX: speeding, public intoxication, drug possession |
|
|
Criminal Law |
Law that defines crimes and provides for their punishment ("substantive" criminal law) |
|
|
Criminal Procedure |
Law that outlines the lawful process of investigation, prosecution and punishment of offenders |
|
|
Differences between criminal and civil law |
Look into deptth |
|
|
Burden of Proof |
-Party that has obligation to present sufficient evidence to prevail on the claim ("who") ~prosectuor/ government -Burden of proof re guilt -Burden of proof re affirmative defenses -Burden of proof in civil cases |
|
|
Standard of Proof |
-how much proof has to be offered -Proponderance of the evidence: greater weight of credible evidence (51%) -Clear and convincing evidence: firm belief/ convinction re the truth of the allegations (75%) - Beyond a reasonable doubt: eliminating all doubt for which you can give a reason (95%) [WINSHIP CASE] |
|
|
Source of Criminal Law |
-constitutional law -statutory law [Texas Penal Code, Title 18 Federal] -case law -common law -model penal code |
|
|
Constitutional Limitations on Criminal Law |
-Due process, including rule of legality, void for vagueness [stanko example], overbreadth -Equal Protection (rational basis, intermediate gender and strict scruntiny/ -Freedom of speech (protected and unprotected speech) |
|
|
Constitutional Limitations on Criminal Law |
-Freedom of religion (establishment and free exercise) -Right to privacy -Right to Bear Arms (individual right, but subject to limitation) -Cruel/ unusual punishment (method/amount) |
|
|
Misdemeanor/ Felony Categories
|
-general distinction (1yr) - |
|
|
Principcal in the 1st degree |
present at the crime and commits some act that is part of the crime |
|
|
Principal of the 2nd Degree |
Present at the crime and aids, abets, or incites it's comission |
|
|
Accessory before the fact |
counsels, procures, commands the principal to commit the crime, but is not present |
|
|
Accessory after the facts |
Provides aid to felon after the commission of the felony and w/ knowledge of it, for purposes of impeding enforcement of the law. |
|
|
Federal concept of parties |
Principals: "whoever commits an offense against the U.S or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. |
|
|
Actus Reus |
-Guilty Act a). affirmative acts: physical, verbal, possession b). negative acts: ommissions c). exception: vicarious liability |
|
|
Mens Rea |
-Guilty Mind a). traditional: general intent, specific intent, criminal negligence b). TPC, intentional, knowing, reckless, criminal negligence c). exception: strict liability |
|
|
Mens Rea: Traditional |
1). General Intent: the intent to do the act which is the crime; voluntary doing of a prohibited act 2). Specific Intent: Intent to do some further act or cause some additional consequence beyond the act that the law makes a crime. 3). Criminal Negligence: gross lack of care |
|
|
Mens Rea: Texas Penal Code |
1). Intentional: conscious desire/ objective to engage in the prohibited conduct or cause the prohibited result |
|
|
2). Knowing |
-Aware of nature of prohibited conduct or that conduct reasonably certain to cause prohibited result
-individual is aware that circumstances exist or a result is practically certain to follow from its conduct |
|
|
3). Reckless |
-consciously disregard unjustifiable risk of prohibited result or harm
-a person acts recklessly when he or she is personally aware of a severe and serious risk and acts in such a fashion that demonstrates a clear lack of judgement/ concern for the consequence |
|
|
4). Criminal Negligence |
-Failure to be aware of unjustifiable risk of harm or result and failure to perceive risk is a gross deviation from a standard of car
-unaware of and disregards a substantial and unjustifiable rush that other individuals would be aware of and, like the reckless individual, grossly deviates from the standard of card that a reasonable person would exhibit under a similar set of circumstances |
|
|
Class A misdemeanor |
-1 yr or less - no more $4,000 fine |
|
|
Class B Misdemeanor |
-180 days or less -no more than $2,000 |
|
|
Class C Misdemeanor |
-no more than $500 |
|
|
Capital Felony |
-death penalty or life w/o parole -younger than 18 yrs old = life -18yrs or older= life w/o parole |
|
|
1st Degree Felony |
-no less than 5 years -no more than 99 years -fine no more than 10,000 |
|
|
2nd Degree Felony |
-no more than 20 years, no less than 2 years. -no more than $10,000 |
|
|
2nd Degree Felony |
-no more than 20 years, no less than 2 years. -no more than $10,000 |
|
|
3rd Degree Felony |
-no more than 10years, no less than 2 years. -no more than $10,000 |
|
|
State Jail Felony |
-no more than 2yrs, no less than 180 days. -no more than $10,000 |
