history test 4-23-24

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