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criminal law
public offenses, jail time or fined or probation
civil law
private suits, money involved
plantiff
person bring the case to court
criminal case = the state
civil case = the person/ company suing
defendant
person facing punishment or being sued
docket
cases waiting to be heard
civil law (how it works)
case filed = private party
type of punishment = compensation, giving money
decision = defendant found liable or not
purpose = deals with disputes between individuals
judge decides
tort
a wrongful act or infringement of a right
criminal law (how it works)
case filed = government
type of punishment = jail, fines, death penalty
decision = defendant convicted if guilty, acquitted if not guilty
jury decides
writ of habeas corpus
writ of liberty
intended to prevent unjust arrests and imprisonments
“you should have the body” latin
guantanamo bay
foreign prisoners being held as enemy combatants at the U.S naval base in Cuba
bill of attainder
legislative act that provides for the punishment of a person without court trial
U.S v Lovett 1946
law appropriating funds for the army
declared none of the money could be used to pay salaries of 3 persons
ex post facto law
applied to an act committed before passage of law
“after the fact” latin
grand jury
person can be accused of serious crime, federal
indictment
formal complaint that prosecutor lays before grand jury
presentment
formal accusation brought by grand jury
affidavit
prosecutor swears that there is enough to justify a trial
double jeopardy
once a person has been tried for a crime they cant be tried again
speedy trial
6th amendment
all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial
factors lawyers consider when selecting jury
demographics
personality
life experiences
value system
leadership potential
nonverbal signals
respect for court
Miranda v Arizona
miranda rights came from this
special needs man accused of rape and was questioned for hours
pink colored booking rooms in prisons
calms prisoners down
personal recognizance
leave court on low crimes and coming back on their own word
bond
money set to let to let you out of jail
funnel of crime
amount of criminal cases that go through the system
crime pays
smarter criminals get away with crimes
plea deal
trying to make a deal with defendant so theres no trial
lesser sentence
saves gov money
death row
prisoners waiting for death sentence
top 5 prison gangs
aryan brotherhood
mexican mafia
black guerilla family
trinitario
la nuestra familia
13% black
40% of crime
prison costs
tax money pays for prisoners
can get degreed payed for in prison
homicide
1st degree = premeditated, planned
2nd degree = not planned
3rd degree = involuntary murder, manslaughter, vehicular homicide
kidnapping
taking a person
holding them for ransom
A and B
assault and battery
assault = the ability to cause harm
battery = the contact
robbery
stealing
B and E
breaking and entering
possesion
unregistered firearm
knife thats too big
drugs
rape
statutory - underage
crime of power
misdemeanor
minor crime
felony
major crime, usually violent
miranda rights
you have the right to remain silent
anything you say can and will be used against you in a court of law
you have the right to an attorney and have an attorney present while you are being questioned
if you cannot afford an attorney one will be appointed to you
you can decide at any time to exercise these rights and not answer any questions
how juries are selected
jury duty selection
basic questions from judge
judge and lawyers questioning
first dismissals
peremptory challenges- each lawyer is allowed to dismiss a certain amount of jurors without cause
swearing in
capital punishment facts
the most white people are on death row
Note
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