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36 Cards in this Set
- Front
- Back
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Elements of a crime |
Criminal act, mental state, attendant circumstances |
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Criminal act |
Voluntary act or failure to act |
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Mental state |
Purposefully, knowingly, recklessly, negligently |
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Defenses |
Affirmative defense Negate an element Mitigation defense |
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Affirmative defense |
Excuse/justification New facts |
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Mitigation defense |
Reduces seriousness of crime |
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4th amendment |
Protection from unreasonable search and seizure |
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5th amendment |
Privilege from self incrimination Prohibition against double jeopardy |
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6th amendement |
Right to counsel Notice of charges Confrontation of witnesses Speedy and public trial by impartial jury |
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8th amendment |
Prohibition against excessive bail Prohibition against cruel and unusual punishment |
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Stages of investigation |
Police investigation Arrest Bail Initial appearance hearing/probably cause hearing Arraignment Pleas/plea bargaining Trial Sentencing Appeals |
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Exceptions to warrant |
Consent Exigency circumstances -destruction of evidence, emergency Search incident to arrest- immediate reach of suspect |
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Tort |
Injury to person, property, dignity, reputation Civil wrong |
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Outcome |
Liable vs. guilty |
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Parties |
Plaintiff v. Defendant State v. Defendant |
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Burden of proof |
Preponderance of the evidence Beyond a reasonable doubt |
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Consequences |
Civil damages/liability Built innocence/criminal penalty |
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Types of tort |
Intentional, negligence, strict liability |
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Intentional tort |
False imprisonment (kidnapping), convergence (theft) |
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Negligence |
Duty Breach of duty Injury Breach of duty is the proximate cause of injury |
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Strict liability |
Don’t look at intent Product malfunctions |
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Elements of informed consent |
Capacity to consent Patient knowledge to make decision Voluntary |
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Quinlan 1975 |
Constitutional right to privacy can be asserted by guardian |
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Cruzan 1990 |
State clear and convincing evidence standard (2nd level) To prove an individuals supposed interest |
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Mental health commitment must have: |
Hearing and a notice
Loss of liberty makes it a procedural due process protection Clear and convincing evidence standard |
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Guardianship of adults |
Intellectual disabilities, older adults, traumatic injury or Heath crisis |
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Americans with disabilities Act (ada) |
Employers State and Local governments (all schools) Public places |
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Section 504 of rehabilitation act |
Any entities that receive federal financial assistance (all schools) Federal agencies |
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IDEA: Individuals with disabilities education act 1975 |
All children entitled to free appropriate education |
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Fair employment practice act (FEPA) |
Does not include sexual orientation or gender identity |
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Age discrimination act |
40 or over |
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Equal Pay Act |
NE and federal (63) |
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Title 7 Civil Rights Act 1964 |
Interstate commerce employers |
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1978 pregnancy discrimination act |
Pregnancy is sec discrimination |
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Fair pay Act |
Lily Ledbetter - each paycheck resets 180 day claim limit |
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Juvenile adjudication |
Delinquency proceeding (adult crime) Status offense (crime only for a minor) |
