criminal courts

murder is

Mala In Sae act

speeding is in

Mala Prohibitum act

Mala In Sae

acts that are inherently immoral or evil, regardless of whether they are prohibited by law

Mala Prohibitum

acts that are illegal because they are prohibited by statute or regulation, rather than being inherently immoral or evil.

What perspective views laws as a neutral framework for dealing with conflicts between individuals and groups who share the same set of fundamental values

the consensus perspective

according to the conflict perspecitve, laws work for the benefit of

the rich

what is not mentioned in the U.S. Constitution

the right to privacy

what is the level of proof required to search a place or seize an item or person

probable cause

what is the required level of proof in a criminal case

beyond a reasonable doubt

criminal acts not considered Mala in se may be considered mala prohibita based on…?

social attitudes

which type of jurisdiction refers to the division of responsibilities and functions among the various courts

hierarchical

how are federal U.S. Attorneys selected

executive appointment, nominated by the president

most state systems of prosecution

are decentralized

decentralization vs centralization

centralization keeps decision-making at the top level of management, while decentralization distributes authority to lower levels or local units

the american court system is based on what type of system of justice

adversarial

adversarial justice system

the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense

what case addressed whether indigent criminal defendants had a right to have an attorney provided to them at state expense

Powell v. Alabama

what case has nothing to do with the right to counsel

Payne v. Tennessee

When can a defense attorney legally break confidentiality according to the Supreme Court

if the attorney knows the defendant is going to give false testimony

A person placed under arrest and held in custody must be brought before a judge for an intitial appearance in what amount of time

within a reasonable time period

administrative regulations are another form of

legislation

What rights does the first amendment provide

press, assembly, and speech

evidence that is favorable to the defendant

exculpatory evidence

primary factor in determining whether the court is required to appoint counsel to a defendant

the funds available to the defendant

required level of proof in a criminal case

beyond a reasonable doubt

in a criminal trial, the burden of proof lies on which party

the prosecution

required level of proof in a civil case

preponderance of the evidence

laws passed ‘after the fact’

ex post facto

difference between felony and misdemeanor larceny

the value of the goods taken

the due process of the fourteenth amendment is identical to the due process clause in what other amendment

fifth amendment

a district attorney has

full deference to prosecute a case or not

when is bail set

the initial appearance before a judge

a directed verdict

when the judge believes there is insufficient evidence to support a conviction

search warrants are not signed by

the district attorney

those in favor of judicial accountability argue that judges ought to

Interpret laws and the Constitution while considering public opinion.

those in favor of judicial independence argue that judges ought to ___

interpret laws and the constitution regardless of public opinion

those in favor of judicial accountability argue that judges ought to ___

___ make policy on the governments behalf regardless of public opinion

in the federal court system, the government is represented by

the U.S. Attorney

Judicial Independence

ensures judges decide cases based solely on the law, free from political pressure or external influence

Judicial Accountability

ensures judges remain responsible for their conduct, ethical behavior, and adherence to the rule of law