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CCJ 2020 Exam 2 Study Guide Study guide taken directly from Cassidy Tevlin Types of Law Statutory law on the books Case law that results from judicial decisions Common body of unwritten historical precedents created from everyday social customs rules and practices many of which were supported by judicial decisions Mala in Se Acts that are crimes because they are inherently evil or harmful to society Mala Prohibita Acts that are prohibited because they are defined as crimes by law Sources of Laws Federal U S Constitution U S Federal Criminal Codes Judicial Decisions Interpreting Code Executive Orders International Treaties Apply to all people within U S State State Constitution State Criminal Codes Common Law Judicial Decisions Executive Orders apply only to crimes committed within the state vary between states Local City or county charters municipal or county ordinances or violations common law decisions of municipal judges interpreting codes and common law executive orders of city or county chief executive officers such as the mayor jurisdiction does not extend beyond the county municipal boundaries The Limits of the Law Principle of Legality The government cannot punish citizens for specific conduct if no specific laws exist forewarning them that the conduct is prohibited or required Ex Post Facto Laws providing that citizens cannot be punished for actions committed before laws against the actions were passed and that the government cannot increase the penalty for a specific crime after the crime was committed Due Process limits the government s power to criminalize behavior unless there is a compelling and substantial reason for the public to do so Void for Overbreadth The principle that laws not using clear and specific language to define prohibited behaviors cannot be upheld Void for Vagueness The principle that laws not using clear and specific language to define prohibited behaviors cannot be upheld Actus Reus The actions of a person one of two factors in crime Mens Rea State of mind or intent one of two factors in crime Inchoate Offenses crimes that go beyond mere thought but do not result in completed crimes subject to punishment also called incomplete crimes Solicitation is the urging requesting or commanding of another to commit a crime Conspiracy is the planning by two or more people to commit a crime Attempt is an incomplete criminal act the closest act to the completion of a crime Criminal Defenses Alibi defendant present witnesses who will give testimony in court or other evidence establishing that fact that the defendant could not have committed the offense Consent or Conditioning by Victim claims that the victim gave permission for the act or condoned the act is not a valid defense for some criminal actions Duress person claims that he or she did not commit the actions of his or her own free will Mistake ignorance of fact vs factual impossibility is an affirmative legal defense in which the defendant made a mistake that does not meet the requirement for mens rea Self defense is an affirmative legal defense in which a defendant claims that he or she acted to protect himself herself or another person against a deadly attack or invasion of his her home Youth under the age of 7 a child cannot be charged criminally because they could not form mens rea Crimes against the state treason espionage sedition terrorism Crimes against habitation Burglary combination of trespass and intent to commit a crime into a serious felony crime and Arson willful and malicious burning or attempted burning of any structure including one s own Jurisprudence a philosophy of law to settle disputes Dual Court System Federal vs State Torts are claims of personal injury that are not criminal Tort injuries may include injuries caused by purposeful actions or by negligence Civil vs Criminal Law Civil Law Scope private law addresses definition regulation enforcement of rights private law business law torts Burden of Proof is preponderance of evidence Responsibility of bringing case to court private parties initiate case Punishment outcome is a judgment a ruling of liability monetary damages contract enforcement Scope violation of law Burden of Proof beyond a reasonable doubt Responsibility of bringing case to court gov initiates the case Punishment outcome is either guilty not guilty fines imprisonment death Criminal Law Original Jurisdiction the lawful authority of a court to hear cases that arise within a specified geographical area or that involve particular kinds of law violations Appellate Jurisdiction the lawful authority of a court to review a decision made by a lower court U S Magistrate Courts prisoner litigation bail review detention hearings arraignments preliminary examinations initial appearance hearings etc Federal Judicial Circuits How many 11 Purpose Oversee the proceedings of lower courts capital cases Challenges caused by distribution Western U S circuits have more cases to review greater diversity in the values and cultures of the people within a circuit judges do not always have the same interpretation of Constitution law criminal proceedings U S Appeals Courts Purpose make a judicial decision not a decision of guilt Judicial error error that occurred that could have affected the verdict of the trial Procedural error Error made in the proceedings of the trial might have affect Question of guilt not declared in these court proceedings U S Supreme Court Judicial review power to declare congressional and presidential acts unconstitutional Primary mission guardian of the Constitution When cases are reviewed First Monday in Oct early July Outcome of hearing trial Affirm court finds there was no substantial judicial error or constitutional error original opinion of lower courts stands Remand case returned to court of original jurisdiction instructions to correct judicial error called remedy Impact of decision Landmark case U S Supreme Court case that marks a significant change in the interpretation of the Constitution State courts of limited jurisdiction divided into courts of limited jurisdiction and general trial courts authorized to hear only less serious criminal cases special types of cases handle civil matters small claims lawsuits landlord tenant disputes permits dispute resolution State courts of general jurisdiction workhorses of CJ system handle all kinds of criminal cases traffic violations to murder handle civil cases too Courts of Last Resort court of final appeals


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FSU CCJ 2020 - Exam 2 Study Guide

Documents in this Course
Exam 3

Exam 3

13 pages

Exam 1

Exam 1

19 pages

Exam 3

Exam 3

13 pages

Exam 3

Exam 3

18 pages

Exam 2

Exam 2

6 pages

Police

Police

51 pages

Exam I

Exam I

22 pages

EXAM 3

EXAM 3

20 pages

Chapter 7

Chapter 7

27 pages

EXAM 1

EXAM 1

23 pages

Chapter 1

Chapter 1

13 pages

Notes

Notes

66 pages

Chapter	1

Chapter 1

13 pages

Chapter 1

Chapter 1

13 pages

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