Law & Criminal Justice Test 1

Hammurabis Code

This code is a collection of laws covering almost every area of life. It forced all people to follow the law in how they treat others due to the severity of punishment.

What is law?

A set of clear and consistently enforced rules a community uses to regulate the conduct of the people within it

Jurisprudence

The study of law and legal philosophy 

Seven Goals of Laws

Protecting basic human rights, Promoting fairness, Helping resolve conflicts, Promoting order and stability, Protecting the environment, Representing the will of majority, Protecting the rights of minorities

Four Types of Values Connected to Laws

Moral, economic, political, social

Moral

Deals with the fundamental questions of right and wrong

Economic

Accumulation, preservation, use and distribution of wealth

Political

Reflects the relationship between government and individuals

Social

Issues that are important to society

Two Types of Trials

Criminal and civil

Criminal Trials

Regulates public conduct and duties owed to society 

Felonies

Term of one year or more in prison (serious crime)

Misdemeanors

Term of less than one year in jail (minor crime)

Civil Trials

Regulates relations between individuals or groups of individuals; seeks compensation

Roles in Court

Defendant, plaintiff, prosecutor

Defendant

The person on trial, civil or criminal 

Plaintiff

The person that brings a civil case & the person that feels wronged

Prosecutor

For criminal case; Attorney against defendant in criminal case, the person trying to put you in prison 

Burden of Proof

The believability of the evidence

Whose job is it to prove the burden of proof?

Plaintiff in civil cases and prosecutor in criminal cases

Beyond a Reasonable Doubt

The level of proof required to convict

Beyond a Reasonable Doubt (Criminal)

95% or more chance needed to convict someone of guilt

Beyond a Reasonable Doubt (Civil)

51% or more chance needed to convict someone of guilt; more likely than not

Legislature Levels

Federal, state, local

Federal Legislature

Supreme law of the land, large in scope; ex: the draft, immigration, abortion

State Legislature

State statuses; ex: marriage/divorce, education

Local Legislature

Passing of laws for immediate communities; ex: garbage day is Wednesday

Supremacy Clause

The constitution will override all other laws

Voting Requriements Today

18 yrs old, US Citizen, not in prision, live in house 30 days before election

Voting Requriements in 1789

White, male, property owner

Referendum

A direct vote by electorate; voters have final approval or rejection

Initiative

Enables voters to propose a law by petition

Recall

Voters can remove an official by a new vote on a state level

Precedent

A court decision that guides future cases with similar questions; ex: brown vs boe

Manson Family Murders sumary

Refers to a series of killings orchestrated by Charles Manson and his followers, a cult known as the “family”.

What did Manson and his followers do on August 8th, 1969?

Manson directed his followers to murder actress Sharon Tate and four other individuals who were home that night, followed by a second night of killing at the home of Leno and Rosemary LaBianca.

When and where did the Manson crimes happen?

LA, August 1969

How many victims? What did they have in common?

Exact unknown, on Aug 8th: 7-8; all victims had bad fortune and had connections to Manson himself or any of his followers

What did Manson think he would accomplish?

He was trying to start a race war

What words did his followers write on the walls? And with what?

“Death to pigs” written with the blood of murdered victims

How many people did Manson himself kill? Does this make him more or less responsible?

He killed 0 himself, however still responsible because of manipulation and exploitation of cult members

What kind of people joined Manson’s group?

People who are vulnerable and at low points in their lives

Although Linda Kasabain used a plea bargain to stay out of prison, do you find her guilty of any crime?

I do find her guilty to an extent; I think that she should have had some type of punishment due to association, however she did also testify against Manson unlike the rest of them.