FSU POS 3691 - Law & Society Exam Study Guide

Unformatted text preview:

Amendments Law Society Exam Study Guide 1st Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or the right of the press or the right of the people to peaceably assemble and to petition the government for a redress of grievances 2nd A well regulated militia being necessary to the security of a free state the right of the people to keep and bear arms shall not be infringed 4th The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall be issued but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized Exceptions to the Warrant Requirement Search incident to lawful arrest Plain View Consent Frisk Automobile Exception and Emergencies Hot Pursuit A thorough explanation and a list of examples is available online at Http nationalparalegal edu conlawcrimproc public protectionfromsearches seizures extowarrantreq asp 5th No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury except in cases arising in land or naval forces or in the militia when in actual service in time of war or public danger nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb nor shall be compelled in any criminal case to be a witness against himself not be deprived of life liberty or property without due process of law nor shall private property be taken for public use without just compensation 6th In all criminal prosecution the accused shall enjoy the right to a speedy and public trial by an impartial grand jury of the state and district wherein the crime shall have been committed which district shall have been previously ascertained by law and to be informed of the nature and cause of the accusation to be confronted with the witnesses against him to have compulsory process for obtaining witnesses in is favor and to have the assistance of counsel for his defense 8th Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments shall be inflicted Cases State vs Black 1864 Defendant CJ Pearson indicted for A B against wife Husband and wife were separated when she saw him walking pass her residence and a quarrel commenced instigated by the wife Defendant pulled her to the floor by her hair but did not strike her person When he let her up she continued to abuse him Issue When a man and wife are separated is the husband still responsible for the actions of his wife Ruling Matters of discipline between a husband and wife are better left Behind the Curtain and are excluded from courts Exceptions Permanent injury Excessive violence or cruelty indicating malignity or vindictiveness Decision State ruled in favor of the defendant Precedent used S v Pendergrass Dev Bat Joyner v Joyner State vs Mabrey 1870 Defendant Ridley Mabrey threatened to leave his wife and to kill her Defendant possessed a knife in his hand but did not strike at her because a bystander restrained his arm When the wife ran away defendant did not pursue her threatened to kill her if she went back Precedent used Court recognized precedent regarding domestic fights Decision Defendant not guilty Appealed Judgment Reversed Error Defendant Guilty Ruling There is no relation that can shield a party which is guilty of malicious outrage or dangerous violence committed or threatened State vs Oliver 1874 Defendant convicted of A B against wife Unpredictable result based upon precedent to preserve the domestic circle and that men are no longer allowed to whip their wives The court relied upon former rules but found malice and cruelty for a husband to beat his wife Ruling Judge Affirmed Defendant Guilty State vs Pendergrass1837 Defendant was a teacher indicted for A B for whipping student marks lasted for a short amount of time and vanished Jury found guilty Defendant Appealed Issue Is a teacher allowed the same rights as parents when distributing punishment within a schoolroom Ruling Punishment exceeds limits of authority if it leaves lasting marks but within limits of inflicting temporary pain Punishment cannot be inflicted with improper intent State vs Rhodes 1868 Defendant charged with A B for striking his wife with a switch the size of his finger Issue Whether the court will allow a conviction of the husband for moderate correction of the wife without provocation Ruling Family government is recognized by the court as being complete in itself Court now rejects the Rule of Thumb indicating the ruling should be based off of the effect produced Decision Per curiam No error Defendant Not Guilty Precedent Used S v Hussy S v Black S v Pendergrass Terry vs Ohio 1968 Terry was stopped and searched by an officer after he was seen casing a store for a robbery Issue Whether a search for weapons without probable cause for arrest is an unreasonable search under Amendment 4 Ruling Supreme Court ruled limited search and quick seizure of weapons is reasonable if persons could be armed Decision Affirmed Defendant Not Guilty Miranda Law Origin In 1966 the outcome of Miranda v Arizona provided that suspects must be informed of their specific legal rights when they are placed under arrest This decision was based on a case in which a defendant Ernesto Miranda was accused of robbery kidnapping and rape During police interrogation he confessed to the crimes without knowing his rights to an attorney or that he could not convict himself Purpose Statements made in response to interrogation by a defendant in police custody can be used in trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self incrimination prior to questioning by police and that the defendant not only understood these rights but voluntarily waived them Precedent an earlier event or action that is regarded as an example or guide to be considered in similar circumstances Precedent Habit Its leads to an official doing over again under similar circumstances substantially what has been done before to continue past practices is to provide a new official with accumulated experience of his predecessors It provides efficiency inertia comfort predictability Canon each case must be


View Full Document

FSU POS 3691 - Law & Society Exam Study Guide

Download Law & Society Exam Study Guide
Our administrator received your request to download this document. We will send you the file to your email shortly.
Loading Unlocking...
Login

Join to view Law & Society Exam Study Guide and access 3M+ class-specific study document.

or
We will never post anything without your permission.
Don't have an account?
Sign Up

Join to view Law & Society Exam Study Guide 2 2 and access 3M+ class-specific study document.

or

By creating an account you agree to our Privacy Policy and Terms Of Use

Already a member?