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28 Cards in this Set
- Front
- Back
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What is Police Power?
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Each State has inherent power and is responsible for maintenance of public order and safety. States enact Criminal Laws establishing a Criminal Justice System under the Police Power of that state.
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Tenth Amendment:
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Says there is a broad legislative power of a state to pass laws that promote public health, safety, and welfare.
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States Have Authority to Create Criminal Law
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Criminal Laws cannot violate rights of persons protected or granted by the U.S. Constitution, or the Constitution of that State.
States cannot criminalize conduct protected by the First Amendment freedoms of Speech, Religion, or Free Movement. |
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TEST INFORMATION:
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The Articles of Confederation was the First Draft of the Constitution.
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TEST INFORMATION:
BILL OF RIGHTS |
The First 10 Amendments of the United States
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Article I:
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Prohibits Congress from enacting any laws that would control, restrict, or prohibit the freedom of the public of: SPEECH, PEACEFUL ASSEMBLY, RELIGION, and PRESSS
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Article II:
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"A well regulated Militia, being necessary to the security of the free state, the right of the people to keep and bear arms, shall not be infringed." IMPACTS laws governing the possession, carrying and use of weapons.
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Article III:
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Quartering of Soldiers. Little impact (not required for this class).
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Article IV:
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Search and Seizure: "The right of the people to be secure in their persons, homes, paperes, and effects against unreasonable searches and seizures shall not be violated. No warrant shall issue but upon probable cause supported by oath, or affirmation describing the place to be searched and the persons or things to be seized."
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Article V:
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Guarantees Due Process in criminal and civil matters.
1. Establishes the Gran Jury Process 2. Prohibits double jeopardy 3. Protections against self incrimination (MIRANDA) 4. Guarantees just compensation in public domain condemnation proceedings. |
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Article VI:
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Guarantees certain criminal procedures and rights to defendants:
Speedy Trial by public Jury Right to confront and cross examin Right to compel testimony of witnesses on your own behalf Right to Counsel (MIRANDA) |
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Article VII:
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Guarentees Jury Trials in Civil Cases
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Article VIII:
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Protection against Cruel and Unusual Punishment.
Death Penalty Jail Conditions Population Caps Forced Labor |
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TEST QUESTION:
What is an Offense? |
Any conduct prohibited by law or ordinanceof the State, or any political subdivision, and for which a penalty of jail or fine can be imposed.
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TEST QUESTION:
What is a Violation? |
An offense punishable only by fine, forfiture, or other civil penalty.
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TEST QUESTION:
What is a Crime? |
An offense for which a jail penalty can be assessed. All other offenses are punishable by fines only.
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TEST QUESTION:
What is a Misdemeanor? |
A crime for which a person can be sentenced to up to a year in jail.
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TEST QUESTION:
What is a Felony? |
A crime for which a person can be sentenced to more than one year in jail.
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TEST QUESTION:
UNCLASSIFIED |
A crime of either Misdemeanor, or Felony that identifies the specific penalty within the statute itself as apposed to identifying a classification; such as AGGRAVATED MURDER
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FELONY
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ANY CRIME PUNISHABLE BY DEATH OR IMPRISONMENT FOR ONE YEAR OR MORE
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MISDEMEANOR
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OTHER CRIMES PUNISHABLE BY FINES OR LOCAL COUNTY JAIL FOR LESS THAN ONE YEAR
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JURISDICTION:
MUNICIPAL COURT |
CITY ORDINANCE VIOLATIONS
MISDEMEANORS, VIOLATIONS, TRAFFIC INFRACTIONS OREGON TRAFFIC CODES |
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STATE COURTS:
CIRCUIT COURT DISTRICT COURT JUSTICE COURT |
STATE STATUTE VIOLATIONS
TRAFFIC MISDEMEANORS/VIOLATION, INFRACTIONS STATE STATUTE MISDEMEANORS STATE STATUTE FELONIES CIVIL TRIALS |
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U.S. FEDERAL COURTS:
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FEDERAL CRIMES (BANK ROBBERY)
BANKRUPTCIES CIVIL RIGHTS VIOLATIONS (CRIMINAL/CIVIL - FINES CAN REACH HUNDREDS OF THOUSANDS TO MILLIONS) |
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DEFINITIONS ORS 131.605
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1. "STOP" - TEMPORARY RESTRAINT OF A PERSONS LIBERTY BY AN OFFICER
2. "REASONABLE SUSPICION" - OFFICER HOLDS A BELIEF THAT IS REASONABLE UNDER TOTALITY OF CIRCUMSTANCES 3. "FRISK" - THE EXTERNAL PATTING OF A PERSONS OUTER CLOTHING |
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STOPPING OF PERSONS
ORS 131.615 STOP AND MAKE REASONABLE INQUIRY IF OFFICER SUSPECTS PERSON COMMITTED CRIME OR IS ABOUT TO COMMIT A CRIME |
1. MUST REMAIN IN VICINITY
2. LIMITED TO A REASONABLE TIME 3. INQUIRY LIMITED TO REASON FOR STOP |
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FRISK OF STOPPED PERSON
ORS 131.625 |
OFFICER MAY FRISK FOR WEAPONS IF REASONABLY SUSPECTS THEM TO BE ARMED AND PRESENTLY DANGEROUS.
OFFICER MAY EXAMINE AND SEIZE OBJECTS OFFICER REASONABLY SUSPECTS TO BE A WEAPON. |
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PROBABLE CAUSE
ORS 131.005 |
A SUBSTANTIAL OBJECTIVE BASIS FOR BELIEVING THAT, MORE THAN LIKELY THAN NOT, AN OFFENSE HAS BEEN COMMITTED AND THE PERSONS ARRESTED HAS COMMITTED IT.
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