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FSU CCJ 2020 - Exam 2 Study Guide

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CCJ 2020 Exam 2 Study Guide1. Distinction between Mens Rea and Actus Reus• Mens Rea: Refers to the actions of the person "guilty act", has four types:o Purposeful/intentional: act that is undertaken to achieve some goal o Knowing: behavior that was undertaken with awarenesso Reckless: substantial and unjustified risk o Negligent: behavior that refers to a situation where a person should have known better and the act or failure to act endangered others• Actus Reus: Refers to the state of mind or criminal intent of the person “guilty mind”2. Strict liability crimes• A criminal act that does not require the prosecutor to prove mens rea, or criminal intent, by the perpetrator in order to prosecute • Exception to the essence of a crime principle 3. Inchoate crimes• Incomplete or partial • A crime that goes beyond the thought but isn’t completed 4. Alibi• Is a perfect defense • Different from all others because it is based on the premise that the defendant is truly innocent • Best supported by the witness and documentation 5. MNaughten Rule and the insanity defense• MNaughten Rule: This rule holds that a person is not guilty of a crime if at the time the person didn’t know what they were doing or they didn’t realize what they were doing was wrong and the burden of proof lies on the defendant• Insanity defense: Legal claim by a defendant that he or she was suffering from a disease or mental defect and that the defect caused the defendant not to understand the difference between right and wrong.6. Procedural defenses• Make the claim that the defendant was in some manner discriminated against in the justice process or that some important aspect of official procedure was not properly followed • Types of Procedural defenses:o Entrapment  Improper or illegal inducement to a crime by enforcing agents Defenses argue that without the agent present there wouldn’t have been a crimeo Double jeopardy  5th amendment: no person may be tried twice for the same offense  Cases that are dismissed for lack of evidence fall under this BUT has to happen after arraignment, if it falls before that then it can happen.  Cant be used for mistrials  If you commit a crime you can be prosecuted by the state and federal court and it is not double jeopardy o Selective prosecution  Based on the 14th amendments guarantee of equal protection under the law  Defense is available when 2 or more individuals are suspected of that crime but not all of them are prosecuted o Denial of a speedy trial  6th amendments guarantee the right to a speedy trial  This is to prevent unconvicted and innocent people from being in jail, whatever the defense uses in the time count is not put into account for this rule o Prosecutorial misconduct Clear actions by the prosecutor that gives them an upper hand to the defense o Police fraud 7. Dual court system• The political division of jurisdiction into two separate systems of courts; federal and state• In this system, federal courts have limited jurisdiction over state courts, unless the case has gone all the way up the ladder to the on the state court side and made its way to the supreme court. Even then it needs to address some substantial federal question or constitutionality issue 8. 10th amendment• Any powers not specifically delegated by the Federal government are reserved for the states • Each state has the responsibility and power to establish its own court system 9. Civil law• The body of law concerned with the definition, regulation and enforcement of rights in non-criminal cases in which both the person who has the right and the person who has the obligation are private individuals • A government body is not in charge of giving the suit; a governmental body can be a part of it. It also can enable the state to be treated as if it were a private party • There is a mediator between the parties that are arguing • Violation against civil law is not a crime but you can be held responsible 10. Torts• Private wrong that caused physical harm to others • Could be from purposeful actions or by negligence • Ex. Slip and fall on a business premises due to negligence of the business owner 11. Burden of proof• In a civil court is: Preponderance of evidence• Preponderance of evidence: A majority vote of the jury-the standard required for a judgment in a civil case• In a criminal court is: Beyond reasonable doubt • Beyond reasonable doubt: A unanimous verdict-the standard required for a verdict in a criminal case • In criminal law the burden of proof is very high 12. Federal Court system• Have a 3 tiered structure: US district courts, US court of appeals and US supreme court• There are 94 judicial districts which are organized into 12 regional circuits, each of which has a court of appeals in addition to a Thirteenth Circuit for Washington DC • Responsible for the enforcement of all federal codes in all 50 states, US territories and the District of Columbia • Also responsible for trials involving local codes and ordinances in the territories of Guam, the Virgin Island and the Northern Mariana Islands 13. Marbury v. Madison• The Supreme Court claimed the power to review acts of Congress and the executive office (president) and pronounce whether congressional and presidential acts were constitutional. This claim gave the Supreme Court the power to nullify acts of Congress and the president. It also asserted that the Court has the power to review congressional or presidential acts without having to wait for a vase to be brought up before the Supreme Court. 14. Distinction between original jurisdiction and appellate jurisdiction• Original jurisdiction: The first court where a guilty or not guilty verdict is rendered• Appellate courts: Only the transcript of the case is analyzed, we aren’t actually having a re-trial, we are just deciding if the court of original jurisdiction arrived at their decision in a procedurally proper manner15. Distinction between limited and general jurisdiction• Original jurisdiction can be further broken down into those that have limited vs. general• Limited: State courts of original jurisdiction that handle traffic violations and criminal violations, small claims, misdemeanors, and violations of local ordinances and laws within the geographic jurisdiction of the town or village • General: hear all kinds of criminal cases 16. U.S. Supreme Court and U.S.


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