CASE WHERE Mrs Andrea Yates murdered her five children and based her insanity defense on Post Partum Psychosis she called after she did it SEPERATON OF POWERS CHECKS BALANCES 1 2 3 legislative makes laws congress sate legislature executive enforces administers law governor admin agencies president judicial interprets laws courts judges each of these are distinct separate parts of our gov AKA coequal this power shifting depends on time looking at it ex legislature has most power when passing budgets cases US vs nixon water gate scandal ppl broke into headquarters in Watergate building suspicion that president had known approved wanted tapes but pres said had executive privileges and they re equal and can t have them nixon lost resigned AKA judicial had upper hand of power over executive Clinton vs jones file lawsuit but doesn t wanna engage in litigation till after president but wanted a deposition to be reserved Bush v gore fl vote dispute for a recount supreme court decided CONSTITUTIONAL JUDICIAL REVIEW determining whether laws actions violate the constitution JUDICIAL REVIEW interpreting determining the meaning laws Ex guy wanted off jury duty cus mother father impermissible sex discrim so got it off INTERSTATE COMMERCE commerce b w 2 states between the commerce clause power to reg comm w foreign nations and among sev states congress deals with it EX OF BOTH wickard vs filburn acreage allotments with farmers Intrastate intracounty intrafarm So long ago but still cited td heart of Atlanta motel vs us want them to desegregate INTRASATE COMMERCE commerce within a state within state deals with it FEDERAL STATE REG OF COMMERCE exclusively federal any attempted state reg is unconstitutional under the commerce and supremacy clauses Ex only federal can reg bankruptcy making coins or cash post offices declare war poss dual reg federal local preempted by fed exclusively federal ex aviation agencies to regulate air travel can preempt any state or local laws want to kinda like to claim dibs so doesn t get messy not preempted going to make a law but don t wanna be the only ones making it allow want state to too 2B 1 garnishment legal proceeding brought by a creditor in which court orders a of wages be deducted and sent to creditor in periodic increments max 25 wages federal law but for ex fl made a law as well garnishment not permitted when employee is head of a family irreconcilable conflict of garnishment if texas says max 45 wages 2B 2 don t wanna interfere with interstate in favor of intrastate ex in state pay taxtes out of state tuition 2B 3 must not impose an undo unreasonable burden on interstate commerce ex of cars allowed on trains when traveling across states removed as law but one that HASN T been removed weigh station diff weights for diff roads so they don t crack exclusively local 3A police power laws must relate to health welfare morals so obv meet criteria 4 commerce clause taxation nexus fair apportionment ex braniff case can you tax interstate if fly across states fdrasz GUIDELINES FOR INTERPRETING CONSTITUTIONAL RIGHTS 1 aren t absolutes bill of rights amendment 1 shall make no law abridging freedom of speech press aka cannot limit your speech but have limitations for example cant scream fire if there is no fire treason lying under oath bill of rights amendment 4 right of people to be secure against unreasonable searches seizures ex how stroz used to check to see if stealing before left library BUT airport searches are reasonable a lot of line drawing which judges juries decide involve a weighing process between competing policies are variable from time to time what was constitution bf may not be td segregation 2 3 4 protect the minority from the majority 14TH AMMENDMANT cannot deprive any person of life liberty or property without due process and equal jurisdiction due process clause 1 fundamental fairness is required have to have notice of laws 2 notice hearing required ordinance unlawful for 3 to congregate on a what city street in a manner annoying to others how were they supposed to know annoying means equal protection clause 1 2 invidious discrimination is illegal rational basis test discrimination is legal ex aall the things 18 year olds cant do AKA some discrimination is allowed but other kinds aren t allowed CIVIL VS CRIMINAL r regina queen vs jones Civil wrong against individual group plantiff vs defendant lawsuit burden of proof by preponderance of the evidence plantiff loses if 50 50 cus must be 50 issue liability penalty usually its to pay Criminal wrong against society state vs defendant prosecution burden of proof beyond a reasonable doubt aka 90 sure issue guilt innocence not about penalty fine jail death FL 4 for criminal proposed instruction of reasonable doubt rewritten reasonable doubt so can understand BUT supreme court didn t approve re written one so avoid argument of people in jail appealing ELEMENTS OF A CRIME 1 mens rea criminal intent mind reading law says if commit criminal act the presumes you had intent to admit did act but argue didn t have intent to DEFENSES insanity m nagnten rule right wrong test if person due to mental illness cant determine right from wrong not responsible irresistible impulse if mental has uncontrollable urge then not responsible ex kleptomaniac get doctors to testify if find not guilty due to insanity may be involuntarily committed if the defendant has a mental illness is manifesting danger to themselves to others accident didn t mean to but did commit ex didn t mean to pull trigger mistake mean to do it think self defense but make mistake ex mean to pull trigger self defense admit did the act but did it in self defense cus in danger duress forcing someone to commit cril act coercion ex gun to your head in a ccar age do you know the concept of right and wrong what s the age that your incapable of telling difference ex 10 years old cant be too old but 1 defense might come into play with age 2 Actus reus criminal act easier to prove due to witnesses need BOTH to be guilty of a crime FL STATUTES JUSTIFIABLE USE OF FORCE use of force in defense of person real term for self defense imminent threatening to occur do not retreat have to make judgments about have to be seriously deadly deadly force forcible felony NELSON VS HOWEL citizens arrest can act as cop make arrest stop them can only do under 1 and 2 of deadly force or on a breach of the peace can say scared might come back etc but court says might come back now
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