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Definition
| Protects the freedom of religion, speech, and the press, as well as the right to peaceful assembly |
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Definition
| Protects the right to bear arms |
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Definition
| Prohibits the forced quartering of soldiers out of war time |
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Definition
| Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probably cause |
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Definition
| Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy |
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Definition
| Protects the right to a fair and speedy public trail by jury, including the rights to be notified of the accusations, to confront the accuser, to obtain witnesses and to retain counsel. |
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Definition
| Provides for the right to trial by jury in certain civil cases, according to common law |
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Definition
| Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment. |
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Definition
| Asserts the existence of unenumerated rights retained by the people |
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Definition
| Limits the powers of the federal government to those delegated to it by the Constitution |
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Definition
| Immunity of states from suits from out-of-state citizens and foreigners not living within the state borders. Lays the foundation of sovereign immunity. |
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Definition
| Revises presidential election procedures |
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Definition
| Abolishes slavery and involuntary servitude, except as punishment for a crime |
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Definition
| Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues |
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Definition
| Prohibits the denial of suffrage based on race, color, or previous condition of servitude. |
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Definition
| Allows the federal government to collect income tax |
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Definition
| Establishes the direct election of United States Senators by popular vote. |
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Definition
| Establishes Prohibition of alcohol (Repeals by 21st Amendment) |
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Definition
| Establishes women's suffrage |
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Term
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Definition
| Fixes the dates of term commencements for Congress (Jan 3) and the President (Jan 20); known as the "lame duck amendment." |
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Term
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Definition
| Repeals the 18th Amendment |
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Term
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Definition
| Limits the president to 2 terms, or a maximum of 10 years (i.e., if a VP serves not more than one half of a president's term, he or she can be elected to a further 2 terms). |
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Term
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Definition
| Provides for representation of Washington D.C. in the Electoral College |
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Term
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Definition
| Prohibits the revocation of voting rights due to the non-payment of poll taxes |
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Term
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Definition
| Codifies the Tyler Precedent; defines the process of presidential succession. |
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Definition
| Establishes the official voting age to be 18 years old |
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Term
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Definition
| Prevents laws affecting Congressional salary from taking effect until the beginning of the next session of Congress. |
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Term
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Definition
| Inflicting severe bodily injury |
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Term
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Definition
| The taking away of property in robbery and larceny-theft |
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Term
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Definition
| threat to inflict immediate bodily harm |
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Term
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Definition
| usu does not hold up in court |
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Term
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Definition
| unauthorized harmful or offensive touching |
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Term
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Definition
| murder that occurs during the commission of a felony |
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Term
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Definition
| more serious than robbery because in home |
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Term
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Definition
| vaginal, oral or other penetration without consent |
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Term
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Definition
| the killing of a human by the act of procurement or omission of another, death occurring at any time (murder, abuse, manslaughter, excusable homicide, justifiable homicide) |
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Term
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Definition
| sexual relations b/w family members |
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Term
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Definition
| intimate partner violence |
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Term
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Definition
| a killing that was not intended, either the unintended death of a person while committing a non-felony unlawful act or a lawful act without caution or circumspection |
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Term
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Definition
| restricting movement of one person by another and the removing of the person from one place to another |
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Term
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Definition
| forcible rape b/w married persons |
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Term
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Definition
| the willful (non-negligent) killing of one human by another |
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Definition
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Definition
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Term
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Definition
| dangerous behavior disregard |
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Term
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Definition
| must be express malice (intent) and thought and deliberated about it or express or implied and lie in wait |
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Term
| non-negligent manslaughter |
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Definition
| the willful (non-negligent) killing of one human by another |
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Term
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Definition
| in self-defense or the defense of others |
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Term
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Definition
| certain information on the victim's past is not made available as evidence |
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Term
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Definition
| theft of items by force or threat of force. Must have intent |
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Term
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Definition
| rape under a certain age of consent and/or outside of certain age ranges b/w parties involved |
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Term
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Definition
| Act by our federal government to curtain your civil liberties |
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Term
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Definition
| Some jurisdictions say death may occur at any time, one year and a day or CA three years a day |
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Term
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Definition
| any unwilling or malicious burning or attempted burning with or without intent to defraud, a house, car, etc. |
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Term
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Definition
| the unlawful entry of a structure to commit a felony or theft |
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Term
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Definition
| the unlawful misappropriation of money, property, or other of value entrusted to his/her care, custody, or control |
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Term
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Definition
| the altering, copying of something without authority or right with the intent to deceive or defraud, also attempt. |
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Term
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Definition
| the intentional perversion of the truth for the purpose of inducing another to rely upon in order for them to part with something of value or surrender of legal right |
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Term
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Definition
| the unlawful taking, carrying, or riding away of property of another |
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Term
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Definition
| to ensure fair competition and free enterprise - restraint of trade or commerce, control, or monopolies |
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Term
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Definition
| obtaining property from others by wrongful use of actual or threatened force, fear, or violence - or the corrupt taking of a fee by a public official |
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Definition
| corruption in the administration of justice |
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Term
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Definition
| an agreement by two or more persons to commit an unlawful act |
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Term
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Definition
| the offering, giving, soliciting, or receiving of anything of value in connection with the procurement of materials or value |
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Term
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Definition
| You have the body - questioning confinement of the person by the juridical process release for unlawful detention |
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Term
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Definition
| interference with the orderly process of criminal and civil courts |
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Term
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Definition
| making false statements under oath in a judicial hearing |
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Term
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Definition
| stocks, bonds, notes, or other documents that represent the ownership of equity or debt in a company |
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Term
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Definition
| personal actions even with a lack of knowledge |
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Term
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Definition
| the appearance of a legal right - police acting in official capacity |
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Term
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Definition
| a crime committed by a person of respectability and high social status in the course of his/her occupation |
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Term
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Definition
| a legal system where two advocates represent their party's positions before an impartial person or group to determine truth |
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Term
| anticipatory search warrant |
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Definition
| issued on the basis of an affidavit showing probable cause that evidence of a certain crime will be located at a certain place in the future |
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Term
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Definition
| a formal reading of a criminal complain in the presence of the defendant to inform the defendant the charges against him/her, who enters a plea |
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Term
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Definition
| the deprivation of liberty used in relation to the investigation or prevention of crime |
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Term
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Definition
| some property deposited as a pledge to persuade the court to release a suspect from jail with the understanding that the suspect will return for trial or forfeit the bail. Only consider flight risk and danger to community |
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Term
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Definition
| suspect puts up part of fee and bail bondsman puts up remainder for a fee |
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Term
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Definition
| police register the compliant against a suspect |
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Term
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Definition
| on the prosecutors - beyond a reasonable doubt (criminal) - by the preponderance of the evidence (civil) |
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Term
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Definition
| the assertion of illegality by the state |
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Term
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Definition
| Herbert Packer Stanford - increase police and prosecutoral powers |
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Term
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Definition
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Term
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Definition
| 5th (feder) and 14th (federal and state) amendments gov't shall not infringe on citizen's rights to life, liberty, and property without application of law - procedural (methods) and substantive (justification). |
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Term
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Definition
| Herbert Packer Stanford - safeguards absolute rights of the citizen to life, liberty, and property. |
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Term
| Equal Protection - 14th Amendment |
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Definition
| Prohibits states from denying any person within its jurisdiction equal protection of the law - all equal |
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Term
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Definition
| Investigate alleged crimes and examine evidence and issue indictments if they believe there is enough evidence to go to trial - mandated in federal (5th amendment) but states are free to use of not. |
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Term
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Definition
| Formal document by which the state sets out the claim that a person has committed a crime made without a grand jury indictment. |
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Term
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Definition
| Determination before a judge as to whether there is a probable cause for arrest - preliminary examination is decided at the initial appearance. |
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Term
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Definition
| The court is involved in the finding of truth and facts usu civil law systems and Louisiana. Procedural over substantive law. |
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Term
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Definition
| Standing to hear and render a decision in a case |
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Term
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Definition
| A sworn body of persons (empowered by the state) convened to render an impartial verdict submitted by a court and to set a penalty or judgment. |
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Term
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Definition
| Jury returns a not guilty verdict in spite of the fact that evidence leans towards guilty. |
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Term
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Definition
| Judges who assist U.S. district judges in their duties. |
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Term
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Definition
| Case law that requires that the police inform a detained person that he/she has the right to remain silent (and that what they say can be used against them during a court proceeding later). Violations cause the evidence seized to be inadmissible in court. |
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Term
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Definition
The right of defense to have a potential juror dismissed without cause
Challenge for Cause (reason must be stated) |
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Term
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Definition
| The determination of whether probable cause exists to believe that the offense charged in the information has been committed by the defendant. Within 10 days of arraignment. Never with a grand jury indictment! |
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Term
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Definition
| Standard by which a peace officer has grounds to make an arrest, conduct personal or property search of a person or location for evidence and confiscate it if found. |
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Term
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Definition
| The use of race or ethnicity as the primary deciding factor in whether to engage in enforcement. |
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Term
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Definition
| A court order issued by a judge or magistrate that authorizes peace officers to conduct a search of a person or location for evidence and confiscate it if found. |
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Term
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Definition
| In common law, where representatives of parties in a dispute present evidence to an impartial person or group to settle claims or disputes. |
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Term
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Definition
| The place a case is heard |
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Term
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Definition
| Oath to tell the truth - a hearing to determine the admissibility of evidence and or the competency of a witness or juror |
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Term
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Definition
| The doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary |
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Term
| Legislative sentencing model |
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Definition
| Establishes by statute the length of a sentence for each crime (determinate) |
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Term
| Judicial sentencing model |
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Definition
| Judges determine the length of sentence within a range established by the legislative - indeterminate |
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Term
| Administrative sentencing law |
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Definition
| The legislature establishes a wide sentence range - the decision to release the inmate is made later by an administrative agency - parole board |
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Term
| Presumptive sentencing model |
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Definition
Determinate sentences that are altered judicially due to mitigating or aggravating cirumstances
- Split sentencing
- Modified sentencing
- Shock probation
- Intermittent incarceration
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Term
| Do the police need probable cause to detain you? |
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Definition
| No, but yes to arrest you. |
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Term
| Can the police detain a person who they deem to be loitering in a neighborhood solely because he/she does not fit the community? |
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Definition
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Term
| Can the police search the vehicle, because of a traffic stop? |
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Definition
| Yes, if there is probable cause |
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Term
| What differentiates 1st from 2nd degree murder? |
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Definition
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Term
| Which two amendments cover due process? |
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Definition
| 5th (protects you against abuse of government authority in a legal procedure) and 14th (defines citizenship). Due process balances the power of the state law of the land and thus protects individual persons from it |
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Term
| B/w the 5th and 14th Amendment, which amendment does due process apply to states? |
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Definition
| 14th (defines citizenship). |
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Term
| What is the difference jail and prison? |
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Definition
| Jail is in county and prison is either state or federal. The time one is detained also differs in each. Jail is less than a year and prison is more than a year. |
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Term
| What if an officer does not let you know your Miranda Rights? |
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Definition
| Then the statement or evidence can not be used against you. |
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Term
| You work in a company and you break into the office to change the name on a a check? Did they commit embezzlement? |
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Definition
| No, because the individual did not have control under his position in order to be charged with embezzlement. |
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Term
| What are some basic police functions? |
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Definition
| Law enforcement, order maintenance, and investigation...etc... |
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