CRIM 113 Exam 1 2023 with verified questions and answers

Chapter 1: Law Its Function and Purpose Chapter 1: Law Its Function and Purpose Definition: Formal Law Definition: A rule enforced by the government that results in criminal punishment of some sort. Definition: Informal Law Definition: A rule or norm sought out by society that is not enforced by the government or punishable by law. Definition: Legal Realism Definition: not a theory or philosophy of law but rather the study of legal decision-making. Oliver Wendell Holmes A Chief Justice who defines LEGAL REALISM as "The prophecies of what the courts will do in fact, nothing more pretentious, is what I mean by law". He always looked more at the law in practice. Jeffery Reimann This man Developed the Pyrrhic Defeat Theory Pyrrhic Defeat Theory A way of looking at criminal justice policy. It suggests that the criminal justice system's intentions are the very opposite of common expectations; it functions the way it does in order to create a specific image of crime: one in which it is actually a threat from the poor. Definition: Law Definition: a written body of general rules of conduct applicable to all members of a defined community, society, or culture, which emanate from a governing authority and which are enforced by its agents by the imposition of penalties for their violation. Rule of Law Everybody regardless of race, class, etc. you have protection against the government. What does the Rule of Law govern? This governs that NOBODY IS ABOVE THE LAW Ex Post Facto Laws the constitution prohibits this law...this is a law that's made after one is charged with something. Applying a law retroactively. Vague Laws A law that a lawyer might not even understand...this violates the principle of legality or the rule of law. (Ex. Don't do anything bad or you'll be arrested for it.) Definition: Beliefs Definition: ideas that we have about how the world operates and what is true and false. Definition: Values Definition: Refers to normative standards shared by the culture about what is good and bad, correct and incorrect, moral and immoral, normal and deviant. Definition: Norms Definition: the action component of a value or a belief patterning social behavior in ways consistent with those values and beliefs. Definition: Positive Law Definition: Legal philosophers differentiate between laws that arise from the norms and customs of a given culture. Definition: Natural Law Definition: The hypothesized universal set of moral standards from Positive law. Definition: Symbols Definition: Concrete physical signs that "stand for" and signify abstractions that range from the mundane and specific (the little man or woman painted on the restroom door)to those that are suffused with meaning and can evoke the deepest of feelings such as a nations flag. Definition: Technology Definition: The totality of the knowledge and techniques a people employ to create the material objects of their sustenance and comfort. Definition: Language Definition: Vast repository of information about culture; it is in effect the "storehouse of culture". Consensus Theorist vs. Conflict Theorist _____________ emphasize how society is structured to maintain its stability and view it as an integrated network of institutions (the family, church, school, economy, government) that function to maintain social order and the system as a whole. VS. ______________ consider society to be composed of individuals and groups with sharply different interests and characterized by conflict and distention. Chapter 2: Justice and the Law Chapter 2: Justice and the Law Definition: Justice Definition: Consists of treating equals equally and unequals unequally according to relevant differences. Natural Law "God's Law", Life...Liberty...The Pursuit of Happiness Positive Law "Human Law", Man Made Laws Unjust Law Positive Law that Conflicts with Natural Law Definition: Distributive Justice Definition: relates to how a political entity such as a nation-state distributes resources to its members. Defintion: Retributive Justice Definition: Concerned with how a society's system of law goes about determining the proper (just) punishment (substantive retributive justice) for the guilty. Definition: Transcendentalism Definition: philosophical position that emphasizes the primacy and superiority of the spiritual over the material. Definition: Equity Definition: a term derived from the Latin word for "just" and refers to remedies for wrongs that were not recognized under English common law. Definition: Due Process Definition: The system of procedures to hold the government to its principles is articulated by this concept. Chapter 3: Making Law Chapter 3: Making Law Definition: Common Law The result was a more unified body of law, which came to be known as the __________. Definition: Precedent Definition: Governs the court issuing the decision as well as any lower, or inferior, courts. Definition: Legislation Definition: Enacted by the legislature under the authority granted to it by the Constitution. Definition: Administrative Regulations Definition: another form of legislation, which, under certain circumstances, may have the force of law. Definition: Grand Jury Definition: a group of citizens, selected in a fashion similar to a petit jury, who listen to the case presented by a prosecutor and determine whether there is sufficient evidence to bind the defendant over for trial. Definition: Double Jeopardy Definition: this is prohibited under the 5th Amendment and means a jurisdiction may not prosecute someone again for the same crime after the person has been acquitted, convicted and may not punish someone twice for the same offense. Dual Sovereignty Doctrine Under this doctrine, a person can be prosecuted in both federal and state court for same offense or in the courts of different states for the same offense if certain circumstances surrounding the offense occurred in more than one state. Definition: Fundamental Rights Definition: Those Freedoms the Supreme Court has determined are "essential to the concept of ordered liberty", rights without which neither liberty nor justice would exist. Definition: Judicial Review Definition: simply means the court has the power to examine a law and determine whether it is constitutional. Definition: Mandamus Definition: a writ compelling public officials to perform their duty. Herbert Packer This individual tried to explain how to the Criminal Justice and Legal process was. Came up with 2 different models to do so: What were Herbert Packer's 2 different models to explain how the Criminal Justice and the Legal process was? 1. Crime Control Model 2. Due Process Model How can the Crime Control Model be explained? • A system described as an "Assembly Line" • "Assembly Line": Handling and processing as many criminals as possible • If it's possible to avoid trial then do it. • Goal of Model: − Efficiency − Cooperation (Defense Attorney and Prosecutor working together) • This system consist of: − Plea Bargaining (Doesn't happen often...usually is decided before) − Deference to the Government How can the Due Process Model be explained? • Constitutional rights are highly valued. • Main Focus is protecting the defendant against govt. abuse. • A system described as an "Obstacle Course" and "Adversarial" − A system that makes it more difficult for the government − Defense Attorney who really pushes the evidence on the prosecution. • Trials are highly valued under this Process When was The Constitution written and ratified? This was written in 1787 and ratified in 1788 There are 3 Articles to the US Constitution, what are they? Article 1 - Legislative Branch/Congress Article 2 - Executive President Article 3 - Judicial Branch In terms of law making power, what branch is the most powerful? The Legislative branch is most powerful when it comes to doing this. Congress is split into two groups, what are they? The two groups that divide this are the House of Representatives and the Senate. How many members are in the House of Rep.? 435 ranging from state to state How many state Senators are there? 100, two in each state Who is in charge of approving a legislature? Both, the House of Rep. and the Senate are responsible for approving this. What Power does the House of Rep. hold and how often are they elected? This group holds the power to declare war and is elected every 2 years What power does the Senate hold? This group has always jealously guarded its power to review and approve or reject presidential appointees to executive and judicial branch posts. Treaties, The Constitution gives the Senate the power to approve, by a two-thirds vote, treaties made by the executive branch. 3/5 Clause/Compromise This Clause stated that Slaves represent 3/5th's of a person − The popular vote played less of a role in this time − If one was opposed to slavery you were most likely going to lose a presidential pole − Until urbanization and immigration, finally a president wins candidacy (Abraham Lincoln) with out any southern delegates or support. − If this clause didn't exist slavery might have ended earlier because this swayed the entire government to support slavery. Although our President can reject a law, who can override that decision? Congress can override a rejection to law made by this individual. If you are going to be a Federal Judge...the _________ must nominate you and the __________ must confirm. The President and Senate must nominate and confirm one to hold this position. How long is a Federal Judges term? For Life Three Pieces to Judicial Branch, what are they? 1. U.S. Supreme Court (Appeals) 2. 13 Circuit Courts of Appeals (Appeals) 3. Federal District Courts (Trials) What right does a Federal Court have that other courts do not? These courts have the rights to strike down a law as unconstitutional. Chapter 4: Federal and State Courts Chapter 4: Federal and State Courts Amendment 1 Freedom of Speech, Religion, the Press, right of the people to peaceably to assemble, and to petition the government for a redress of grievances. Amendment 2 A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Amendment 4 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment 5 − Protection against self-incrimination. − No deprivation from life, liberty, or property without due process of law. − Prosecution can't appeal a case...no person shall be subject for the same offense twice or put in double jeopardy. Amendment 6 - Right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed - Have the right to be informed with what you're being charged with or what statute one has violated - Right to be confronted with witnesses against you, witnesses in your favor, and to have the assistance to a council in your defense or attorney Amendment 8 Excessive bail shall not be required, or excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment 9 The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. − Just because we've listed these rights doesn't mean this is all of ones rights Amendment 10 The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. − The states and the people still hold power in many ways over the Federal government. Amendment 14 - All people born or naturalized in the U.S. and subject to the jurisdiction thereof are citizens of the U.S. and of the state in where they reside. - No STATE shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the U.S. - No STATE shall deprive any person of life, liberty, or property, without due process of law - No STATE shall deny any person within its jurisdiction the equal protection of the laws Definition: Personal Jurisdiction Definition: Involves the authority of the court over the person. A court may acquire __________ over a person if that person comes in contact with the court, either by being a citizen of the state or by committing an act or acts that contravene the laws of that state. Definition: Subject Matter Jurisdiction Definition: Involves the authority conferred on a court to hear a particular type of case. Definition: Geographical Jurisdiction Definition: Refers to the authority of courts to hear cases that arise within specified boundaries, such as a city, county state, or country. Definition: Hierarchical Jurisdiction Definition: Involves the division of responsibilities and functions among the various courts. Definition: Limited Jurisdiction Definition: Means that a court is limited to hearing only a particular class of cases, often dealing with a particular topic, such as a small claims court or misdemeanor court. Definition: General Jurisdiction Definition: Means a court has the authority to hear a variety of cases and that it is not limited to hearing only a particular type of case. Definition: Original Jurisdiction Definition: Means the power of the court to hear the case initially. The court of ____________ is where trial takes place. Definition: Appellate Jurisdiction Definition: means the power of the court to review a decision of a lower court. Article III Courts These are the proper name for the Federal Courts that are established by Congress pursuant to its authority to create "inferior" or lower courts under __________ of the US Constitution. Definition: Writ of Certiorari Definition: this is an order to the lower court to send the record of the case up to the Supreme Court. The justices vote whether to accept the case. Definition: Rule of Four Definition: When a certiorari is sent to the Supreme Court, if 4 or more Justices vote to accept a case then it is placed on the Court's docket. Definition: Trial de novo Definition: this is not like a standard appeal where the higher courts concerns itself only with a review of the trial record and consideration of any possible legal errors. Instead, its an entirely new trial. Definition: Probable Cause Definition: a legal concept referring to the amount of proof a police officer must have to search or arrest someone. Definition: Initial Appearance Definition: The first court appearance that takes place in a municipal or justice of peace court. Definition: Preliminary Hearing Definition: Here a magistrate determines if there is probable cause to believe that an offense was committed and that it was the defendant who committed it. Definition: Arraignment Definition: A formal hearing before a felony court where defendants are again informed of the charges against them and advised of their rights. At this time the defendant enters a plea (guilty, non-guilty, standing mute, no contest) The US Supreme Court is fully staffed at how many justices? This is fully staffed at 9 justices How many cases a year does the Supreme Court hear? Around 100 cases per year What are the 4 Levels of the PA Court system in order? 1. PA Supreme Court 2. Superior Court/Commonwealth Court 3. Court of Common Pleas 4. Minor Courts Definition: Run-Off Election Definition: A PA judges first election Definition: A Retention Election Definition: A PA judges second election after 10 years...does not run against a candidate this time around Definition: Stare Decisis Definition: Following Precedent (Reflects values of the consistency in law). Deciding court decisions based on prior judicial decisions The Federal Supreme Court and Stare Decisis This Court is not bound to follow prior decisions or precedent Not bound to follow decision of the lower courts The Federal Circuit Courts and Stare Decisis • Bound by precedent to follow decision of the Supreme Court • May not agree with Supreme Court but are bound to follow • Circuit Courts do not have to follow each other or district courts District Courts and Stare Decisis • Must follow precedent of Supreme Court • Must follow the Circuit to which they reside by but not other Circuits • Do not have to follow other Districts Three Types of Opinions in the Courts 1. Majority 2. Dissenting 3. Concurring What is considered the Majority opinion? The opinion on bench is the law and must be followed What is considered the Dissenting opinion? "This case was wrongly decided" What is considered the Concurring opinion? − Agreeing on opinion but want to add more clarification to case − Agree in result but may Disagree with reasoning. What significance does the Marbury v. Madison case hold in US history? This case is perhaps the most important case ever decided by the Supreme Court because it established the authority of the high court to have jurisdiction of the Constitution. Judicial Restraint • Even if the law seems unwise, we should keep it. As long as its not unconstitutional. • Consistency with past decisions Judicial Activism • More willing to look past the law and chose what they believe as "truly just"...wanting a just result. • More liberal and willing to change and adapt to the times.