Details Title: Last bu tnot least Description: BlahBLah Total Flash Cards: 7 Created: 10/29/2008 12:56:02		New Users: To study from this flashcard set, or to create your own your own study flash cards, REGISTER HERE. Existing Users: CLICK HERE. Additional Agriculture Flashcards
Cards in this set: Term In Re Winship Definition Dose due process require proof beyond a reasonable doubt in all facets of crime including juvinielles? used to be based in preponderance of evidence Yes, all individuals are treated the same kids and adults alike proof beyond a resonable doubt is a fundemental value Term Patterson v. New York Definition Mullaney-said that hving the judge make him prove against malice was not right retrial Winship-both adults and kids must prove all facets of the crime beyond a reasonable doubt Patterson-they said was ok to prove heat of passion and extreme emotional disturbance b/c malice was takin out so the burden was on the "defendent" not the prosecuter any more Term johnson v. louisiana Definition Are less then unanimous verdicts in certain cases valid under due process and equal protection clauses of the 14th? ruled that a substantial majority of the jury was sufficent for proof beyond a resaonable doubt. dissent: proof beyond a reasonable doubt and unanimit of criminal verdicts and the presumption of innnocence are basic features of our system. Term taylor v. kentuky Definition dose due process clause require instruction to the jury on both the presumption of innocence & burrden of proof? ruling- is presumption of innocence guarenteed?yes did the judge notify the jury of all the laws? no ruled unconsitutional Term Rochin v. California Definition Was the conduct of the police officer in obtaining the evidence in violation of 5th amendment and the due process of the 14th? Yes, the polce did violate his 5th because the conduct shocks the conscious of the judges Term Michael M v. Superior court of sonoma city Definition is california penal code stating stautory rape only applies to males violates the equal protection of the 14th? determined that it dosent need to be equal because a female can get pregnant and girl suffers... Term rostker v. goldberg Definition equal protection: miltary act requires service of males not females when the president opens a draft? just dudes is ok b/c girls cant be in combat area