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33 Cards in this Set
- Front
- Back
Which state led the "3 Strikes and Your Out" campain
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California
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Innocense Project
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uses DNA testing to determine someone's guilt or innocense
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Vernon v. Georgia (1972)
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*due process
-How were people being executed? What was the procedure? -There was a lack of "due process", so U.S. Supreme Court wanted state legislatures to go back and reflect on their procedures and laws -Had to answer questions like: ?What crime is worthy of death? ?How educated is the jury? |
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Facts about a Death Penalty Case
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1) Trial- conviction
2) 2nd trial- life in prison or death? *in the past: there was no mitigation case... you were sentenced to death (no questions asked) *Today: you have two lawyers. A private and a mitigation lawyer |
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Coker v. Georgia (1977)
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-Coker is mentally ill.
-He committed crimes of rape, murder, kidnapping, and aggravated assault. -He later escaped from the Ware Correctional Institution and rapes a 16 year old girl. -The case: Repeated offenses under Georgia are subject to the death penalty -Outcome: Death is considered disporportionate (punishment wise) to rape. |
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Ewing v. California
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*3 strikes and your out clause: 25 years to life in prison
-Ewing had a large history of bugglary and theft -Ewing's final offense was stealing from a golf course -The Case: compared 3 seperate cases and tried to determine if his sentencing was fair or not. |
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cruel and unusual punishment
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sometimes seen as a vague and unspecified concept of the Eighth Amendement, a guarantee by the constitution that punishment shall not be excessive
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equal protection of the laws
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Fourteenth Amendment clause guaranteeing all citzens, regardless of race, color, gender, class, origin, or religion, equal protection under the law
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ex post facto laws
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Laws that retroactively make an act illegal or increase the penalty for an existing crime, held to be unconstitutional
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fair notice
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-An ordinance or statute that clearly defines what conduct is prohibited or required
-however: "ignorance of the law is no excuse" |
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just deserts/ proportionality
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the legal principle that a person may use only that amount of force that is reasonably necessary to repel his or her attacker
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the legality principle
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A constitutional limitation on state or federal power to enforce criminal laws
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offensive conduct
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Behavior that has a tendency to provoke others to acts of violence or to in turn disturb the peace
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offensive speech
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Speech that is not protected by the First Amendment to the Constitution
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overbreadth doctrine
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Doctrine that allows invalidation of laws that punish people for engaging in constitutionally protected behaviors, such as expression of speech and religious rituals... (First Amendment rights)
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right of association
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As protected by the First Amendment, the right of association with others without prejudice is guarenteed
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right of privacy
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The individual's right to decide in what way they will share or withhold beliefs or behaviors
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stare decisis
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Legal doctrine that a court will refer to precedent cases when determining the ourcome of a present case
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substantive due process
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A legal principle that deems that not only is one's due process guarenteed, but their substantial rights are also protected in a legal process
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torts
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Cases involving personal injury and damage to or loss of property handled as civil action
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vagueness
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A law that is not clearly defined
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concurrent sentencing
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10 years in Fed prison
5 years in State prison * Total= 10 years in prison |
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seperate sentencing
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10 years in Fed prison
5 years in State prison *Total= 15 years in prison |
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Is it considered double jeopardy to prosecute in both State and Fed court?
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No.
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Statistics of Felony Cases in Federal and State Court
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-State: 94 percent
-Federal: 6 percent -federal prosecutions may involve offenses that are especially important to national policies |
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What is a statute?
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law enacted by a legislative body
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Reason why "ignorance of the law is no excuse"
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It rewards people who are not diligent enough to take necessary steps to find out what the law is
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vagueness doctine
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-requires that all people have a fair opportunity to know what the law is
-it does not protect people who actually do not know about a law that is fairly "knowable" |
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Conflict between ex post facto laws and the legality principle
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a law passed "after the fact" of an individual's commiting of an act, or raising the punishment for it, could not possibly provide fair notice that the person's conduct would be in violation of the same law or that it would be subject to greater punishment
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1st Amendment Rights
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FREEDOM OF:
1) speech 2) religion 3) assembly 4) petition 5) press |
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Statutes challenged on grounds of vagueness are frequently charged as being
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unconstitutionally broad
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14th Amendment Right
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no State shall "deny any person wihtin its jurisdiction the equal protection of laws"
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The three major constituational limitations on the gocernment's power to define conduct as a crime
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1) Substantive due process
2) The First Amendment 3) Equal Protection of Law |