S1 - Test #2 - Law and Society

1st Degree Murder

Purposefully killing someone with premeditation. 25-life

2nd Degree Murder

Killing someone purposefully without premeditation. 15-life

Voluntary Manslaughter

Killing someone after the victim does something to the killer that would cause a normal person to lose control.

Involuntary Manslaughter

Killing with no intent at all, but with extremely reckless behavior

Negligent Homicide

Death due to extreme negligence. Most common is vehicular homicide.

Assault

The attempt to touch or cause harm to someone without consent. Injury is not required. Stalking is a great example

Battery

Injury occurring from assault

Rape and Sexual Assault

Battery in a sexual way

Robbery

the action of taking property unlawfully from a person or place by force or threat of force

Larceny

theft of personal property to permanently deprive someone of it

Arson

the willful and malicious burning of another's property

Vandalism

(malicious mischief) willful destruction of, or damage to, the property of another

Embezzlement

unlawful taking of property by someone to whom it was entrusted

Extortion

(blackmail) use of threats to obtain the property of another (covers threats to do physical harm)

Burgalry

breaking and entering the dwelling of another person during the night with intent to commit a felony therein (also includes any time of day)

Forgery

a person falsely makes or alters a writing or document with intent to defraud

Receiving of Stolen Property

recieving or buying property that you know or have reason to believe is stolen

Unauthorized Use of a Vehicle

unlawful taking of a motor vehicle without the owner's consent

Cybercrime

(computer crime) when computers

1st Amendment

Freedom of speech, religion, the press, etc

2nd Amendment

Freedom of owning one's own gun

3rd Amendment

No soldiers coming in one’s home(not really important anymore)

4th Amendment

Unreasonable searches and seizures

5th Amendment

Right to no self incrimination

6th Amendment

Right to a speedy trial, impartial jury, court in the place with jurisdiction, to be told of the argument against them

7th Amendment

Right to a trial by jury

8th Amendment

no Cruel and unusual punishments

9th Amendment

There are other rights of people not listed in the constitution

10th Amendment

Powers not delegated by the constitution go to the people and the state

14th Amendment

Equal protection of the laws.

Gideon V Wainwright

defendant had to represent himself during the trial of his alleged burglary - this violated his 6th amendment right

Dred Scott

Dred Scott went from his original state where he was enslaved, to a free state and then back to his original state. The supreme court ruled that he was not then freed because enslaved people can't just run to another state and be freed.

Marbury v Madison

The decision gave power to the Federalist party, because the Supreme Court was becoming Federalist, along with checks and balances, which kept the executive branch in check.

Plessy v. Ferguson

A ruling where it was decided that racial separation was constitutional as long as the facilities were equal

Felony

Misdemeanors

at most 1 year in jail

Code Violations

breaking of a code that was put in place by an area, not usually punished by incarceration

Infractions

often called petty offenses - are is the violation of an administrative regulation, an ordinance, a municipal code, and, in some jurisdictions, a state or local traffic rule

Arrest

only happen with a warrant and/or probable cause

Reasonable Suspicion

is needed to pull someone over and question them

Probable Cause

can come from questioning a person of interest - this allows arrests to take place

Federal Crimes

bank robbery, counterfeiting, immigration violations, murder on federal land, computer crimes, drug trafficking, identity theft, international money laundering, etc

State Crimes

all crimes that violate state and not federal

Federal Courts

only deal with federal law disputes

State Courts

deal with any type of law

Creation of Laws

bill --> committee researches and changes --> chamber votes --> if passed goes to another chamber --> chambers decide on final version of the bill --> it goes to the President who can veto, pocket veto, or accept (a pocket veto cannot be overridden, but a veto can)

First Trial Proceeding

Pre-trial proceedings

Gives the first Opening Statement

Prosecution

Last Trial Proceeding

jury deliberations and verdict

Pre-trial proceedings

Essentially just figuring out how the trial is going to go, figuring everything out

Jury is selected

The people that will make up the jury are chosen and finalized.

Opening statement by the prosecution

The prosecution states the claim and some simple background information

Opening statement by the defense

This could be skipped, but it sets the tone for the argument against the prosecution

Examination by the prosecution

The prosecution questions all witnesses and brings forward all information that helps the prosecution

Cross examination by defense

The defense then questions the same witnesses. They try to find gaps in the prosecution.

Motions to dismiss or receive a verdict

The defense asks if the judge will just dismiss the case given that there is not enough info to have a reasonable suspicion of a guilty verdict, rarely does this happen.

Direct examination by the defense

The defense brings their witnesses and info forward that is favorable to them.

Cross examination by prosecution

The prosecution questions the witnesses and tries to find gaps in the defense.

Closing statement by the prosecution

A final statement that summarizes the prosecution’s side of the case

Closing statement by the defense

A statement that tries to make the jury think there isn’t a preponderance of evidence in a civil case, or evidence beyond a reasonable doubt in a criminal case

Rebuttal by prosecution

the final say in a trial

Jury instructed by the judge

The judge informs the jury on info about the case and the laws at play

Jury deliberations and verdict

The jury discusses and makes a verdict, if not all jurors think one way, it is considered a hung jury, and no verdict is reached, and in this case the defense has won to some degree. The judge can declare a mistrial and start again with new jurors.

Criminal Cases (verdict)

for guilty - burden of proof on the prosecution - beyond a reasonable doubt

Civil Cases (verdict)

whichever provides more/the best evidence

Presentable Evidence

may be experts, testimony of a civilian who was there, documents, fingerprints, online information

U.S. v McVeigh

Someone bombed a federal building and was convicted of the crime having killed 168 people. 3,000 documents were not given to the defense. A retrial was granted, but the defense turned it down.

Brown v. Board of Education (1954)

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

Legislature

A group of people who have the power to make laws

Criminal Court

People v Society

Supreme Court Function

decide on a case after deciding to hear it and then vote and hear more and then decide after if they'll take it or not

Kolender

The Supreme court ruled that the law that "gave police the power to ask for the ID if there was reasonable suspicion that a law had been violated", was too vague, and needed to be changed. based off the case of a man refusing to present ID after constantly walking around

Federal Question

A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.