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Criminal Law - Flashcards

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Class:LS 370 - Criminal Law and Procedures
Subject:Legal Studies
University:University of La Verne
Term:Winter 2013
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Criminal Law identifies conduct subject to prosecution and penalty as well as the procedure for implementation
Preeminence of Law "a government of laws not men" -> no one is above the law.  Constitution founded on this principle of government.
Constitution Article VI Clause II is the supreme law of the land
Federalism is the government structure of U.S., it is the relationship between states and between the national government/states
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State officials/state constitutions Article VI must comply with Article 6 of the U.S. Constitution
Enumerated Powers are given by the U.S. Constitution to federal government but has some limits.
Criminal powers: punish counterfeiters, piracy, high seas crimes, regulate commerce,make laws to uphold U.S. Constitution, military, mail, civil rights, immigration & naturalization
Commerce Clause federal government has the power to regulate commerce

under enumerated powers

Necessary & Proper Clause federal government has the power to create laws necessary to uphold the U.S. Constitution

under enumerated powers
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Federal Crimes -military
mail
-civil rights
immigration and naturalization

under enumerated powers
State Police Powers 10th Amendment are all powers not specifically vested in federal government or prohibited to states
Sovereign Entity each state has a constitution, government and laws
each state is a sovereign entity, they govern themselves predominantly
Supremacy Clause Article VI -most criminal law exists at state level
-Federal law trumps state law per Supremacy Clause
-Constitution, federal laws and treatises are superior and take precedent over conflicting state laws
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Dual Sovereignty is when a defendant may be prosecuted under each state/federal law when each sovereign has concurring laws

?what about double jeopardy? see Chapter 13
Extradition Article VI is when states relinquish criminals to another state who is prosecuting, based on full faith and credit clause (Amendment XIV) which dictates that each state must recognize acts, records and judicial proceedings of another state
SELECTIVE INCORPORATION is the process U.S. Supreme Court has made individual rights via the Constitution
SEPARATION OF POWERS federal/state governments are both broken into 3 parts:
     -legislative
     - judicial
     -legislative
and powers are limited to act as checks and balances to each other
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CRIMINAL LAW separation of powers:
     -executive
     -judicial
     - legislative
EXECUTIVE BRANCH president, governor, mayor has veto power
LEGISLATURE power to allocate money for executive/judicial branches operation.  Appoints officials to other 2 branches
JUDICIARY power to strike down unconstitutional laws and acts of other 2 branches
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MARBURY v. MADISON (1803) Judicial Review laws passed by U.S. Congress must be fair and can not abridge any Constitutional provision
JUDICIAL REVIEW legally challenging any unconstitutional law, any law
POLICE POWER Preamble of the Constitution government authority to enact laws promoting public:
     -health
     -safety
     -morals
     -welfare
     -establish police departments
BROAD POLICE POWER 10th Amendment ->states
     -all of the police power attributes +
     -morals
     -protection of privacy
     -"not unlimited power"
     -restraint of power imposed by Constitution  (Chapter 7)
          -can't impinge on rights/liberties
          -must have compelling need to regulate conduct
          -prohibited conduct must be clearly defined to public
criminal defense team examines statute being applied to their accused
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 Criminal Lawidentifies conduct subject to prosecution and penalty as well as the procedure for implementation
 Preeminence of Law"a government of laws not men" -> no one is above the law.  Constitution founded on this principle of government.
 Constitution Article VI Clause IIis the supreme law of the land
 Federalismis the government structure of U.S., it is the relationship between states and between the national government/states
 State officials/state constitutions Article VImust comply with Article 6 of the U.S. Constitution
 Enumerated Powersare given by the U.S. Constitution to federal government but has some limits.
Criminal powers: punish counterfeiters, piracy, high seas crimes, regulate commerce,make laws to uphold U.S. Constitution, military, mail, civil rights, immigration & naturalization
 Commerce Clausefederal government has the power to regulate commerce

under enumerated powers

 Necessary & Proper Clausefederal government has the power to create laws necessary to uphold the U.S. Constitution

under enumerated powers
 Federal Crimes-military
mail
-civil rights
immigration and naturalization

under enumerated powers
 State Police Powers 10th Amendmentare all powers not specifically vested in federal government or prohibited to states
 Sovereign Entityeach state has a constitution, government and laws
each state is a sovereign entity, they govern themselves predominantly
 Supremacy Clause Article VI-most criminal law exists at state level
-Federal law trumps state law per Supremacy Clause
-Constitution, federal laws and treatises are superior and take precedent over conflicting state laws
 Dual Sovereigntyis when a defendant may be prosecuted under each state/federal law when each sovereign has concurring laws

?what about double jeopardy? see Chapter 13
 Extradition Article VIis when states relinquish criminals to another state who is prosecuting, based on full faith and credit clause (Amendment XIV) which dictates that each state must recognize acts, records and judicial proceedings of another state
 SELECTIVE INCORPORATIONis the process U.S. Supreme Court has made individual rights via the Constitution
 SEPARATION OF POWERSfederal/state governments are both broken into 3 parts:
     -legislative
     - judicial
     -legislative
and powers are limited to act as checks and balances to each other
 CRIMINAL LAWseparation of powers:
     -executive
     -judicial
     - legislative
 EXECUTIVE BRANCHpresident, governor, mayor has veto power
 LEGISLATUREpower to allocate money for executive/judicial branches operation.  Appoints officials to other 2 branches
 JUDICIARYpower to strike down unconstitutional laws and acts of other 2 branches
 MARBURY v. MADISON (1803) Judicial Reviewlaws passed by U.S. Congress must be fair and can not abridge any Constitutional provision
 JUDICIAL REVIEWlegally challenging any unconstitutional law, any law
 POLICE POWER Preamble of the Constitutiongovernment authority to enact laws promoting public:
     -health
     -safety
     -morals
     -welfare
     -establish police departments
 BROAD POLICE POWER 10th Amendment->states
     -all of the police power attributes +
     -morals
     -protection of privacy
     -"not unlimited power"
     -restraint of power imposed by Constitution  (Chapter 7)
          -can't impinge on rights/liberties
          -must have compelling need to regulate conduct
          -prohibited conduct must be clearly defined to public
criminal defense team examines statute being applied to their accused
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