S1 - Test #2 - Law and Society

Purposefully killing someone with premeditation. 25-life

Killing someone purposefully without premeditation. 15-life

Killing someone after the victim does something to the killer that would cause a normal person to lose control.

Killing with no intent at all, but with extremely reckless behavior

Death due to extreme negligence. Most common is vehicular homicide.

The attempt to touch or cause harm to someone without consent. Injury is not required. Stalking is a great example

Injury occurring from assault

Battery in a sexual way

the action of taking property unlawfully from a person or place by force or threat of force

theft of personal property to permanently deprive someone of it

the willful and malicious burning of another's property

(malicious mischief) willful destruction of, or damage to, the property of another

unlawful taking of property by someone to whom it was entrusted

(blackmail) use of threats to obtain the property of another (covers threats to do physical harm)

breaking and entering the dwelling of another person during the night with intent to commit a felony therein (also includes any time of day)

a person falsely makes or alters a writing or document with intent to defraud

recieving or buying property that you know or have reason to believe is stolen

unlawful taking of a motor vehicle without the owner's consent

(computer crime) when computers

Freedom of speech, religion, the press, etc

Freedom of owning one's own gun

No soldiers coming in one’s home(not really important anymore)

Unreasonable searches and seizures

Right to no self incrimination

Right to a speedy trial, impartial jury, court in the place with jurisdiction, to be told of the argument against them

Right to a trial by jury

no Cruel and unusual punishments

There are other rights of people not listed in the constitution

Powers not delegated by the constitution go to the people and the state

Equal protection of the laws.

defendant had to represent himself during the trial of his alleged burglary - this violated his 6th amendment right

Dred Scott went from his original state where he was enslaved, to a free state and then back to his original state. The supreme court ruled that he was not then freed because enslaved people can't just run to another state and be freed.

The decision gave power to the Federalist party, because the Supreme Court was becoming Federalist, along with checks and balances, which kept the executive branch in check.

A ruling where it was decided that racial separation was constitutional as long as the facilities were equal

at most 1 year in jail

breaking of a code that was put in place by an area, not usually punished by incarceration

often called petty offenses - are is the violation of an administrative regulation, an ordinance, a municipal code, and, in some jurisdictions, a state or local traffic rule

only happen with a warrant and/or probable cause

is needed to pull someone over and question them

can come from questioning a person of interest - this allows arrests to take place

bank robbery, counterfeiting, immigration violations, murder on federal land, computer crimes, drug trafficking, identity theft, international money laundering, etc

all crimes that violate state and not federal

only deal with federal law disputes

deal with any type of law

bill --> committee researches and changes --> chamber votes --> if passed goes to another chamber --> chambers decide on final version of the bill --> it goes to the President who can veto, pocket veto, or accept (a pocket veto cannot be overridden, but a veto can)

Pre-trial proceedings

Prosecution

jury deliberations and verdict

Essentially just figuring out how the trial is going to go, figuring everything out

The people that will make up the jury are chosen and finalized.

The prosecution states the claim and some simple background information

This could be skipped, but it sets the tone for the argument against the prosecution

The prosecution questions all witnesses and brings forward all information that helps the prosecution

The defense then questions the same witnesses. They try to find gaps in the prosecution.

The defense asks if the judge will just dismiss the case given that there is not enough info to have a reasonable suspicion of a guilty verdict, rarely does this happen.

The defense brings their witnesses and info forward that is favorable to them.

The prosecution questions the witnesses and tries to find gaps in the defense.

A final statement that summarizes the prosecution’s side of the case

A statement that tries to make the jury think there isn’t a preponderance of evidence in a civil case, or evidence beyond a reasonable doubt in a criminal case

the final say in a trial

The judge informs the jury on info about the case and the laws at play

The jury discusses and makes a verdict, if not all jurors think one way, it is considered a hung jury, and no verdict is reached, and in this case the defense has won to some degree. The judge can declare a mistrial and start again with new jurors.

for guilty - burden of proof on the prosecution - beyond a reasonable doubt

whichever provides more/the best evidence

may be experts, testimony of a civilian who was there, documents, fingerprints, online information

Someone bombed a federal building and was convicted of the crime having killed 168 people. 3,000 documents were not given to the defense. A retrial was granted, but the defense turned it down.

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

A group of people who have the power to make laws

People v Society

decide on a case after deciding to hear it and then vote and hear more and then decide after if they'll take it or not

The Supreme court ruled that the law that "gave police the power to ask for the ID if there was reasonable suspicion that a law had been violated", was too vague, and needed to be changed. based off the case of a man refusing to present ID after constantly walking around

A question that has to do with the U.S. Constitution, acts of Congress, or treaties. A federal question provides a basis for federal jurisdiction.