Types of Law
The highest law in the United States.
What is the US Constitution?
This type of crime is punishable by a year or less in jail, a fine, or community service.
What is a misdemeanor?
TLO v. New Jersey, In re Gault, and Goss v. Lopez all focus on Due Process Rights of this group of people.
What are Juveniles?
The idea that many crimes go unreported.
What is the dark figure of crime?
The difference between 1st and 2nd degree murder.
What is premeditation? The intent is there, but one is premediated and one is not.
These types of laws are passed by legislatures. In the State of Florida, they would come from the Florida Senate and House of Representatives in Tallahassee.
What are Statutory Laws?
Mens Rea is needed to prove this element of a crime.
What is wrongful mental state, or intent?
These two court cases expand Freedom of Speech to include symbolic speech. (At school and during protests)
What are Tinker v. Des Moines and Texas v. Johnson
A group of 16-23 people hear evidence in serious felonies to determine if there is enough evidence to go to trial. The rules of evidence do not apply, defense cannot be there.
What is the Grand Jury? (Used in place of preliminary hearings for serious felonies)
The type of homicide where there was a justifiable use of force to resist a felony or murder from occurring upon him/her/them. Ex: Self-Defense
What is justifiable homicide?
The type of law developed in the United States in which lower courts must abide by previous higher court decisions.
What is Case Law?
These types of crimes, speeding, parking violations, and selling alcohol to minors all refer to a crime in which you are guilty, despite your state of mind at the time.
What are Strict Liability Crimes?
These two court cases counter acted one another involving the death penalty.
What are Furman v. Georgia and Gregg v. Georgia
(Furman ruled it against the 8th, Gregg brought it back)
No bail needed if good citizen, first time offense, solid employment, and family/community ties
The practice of intentionally ending a life to relieve pain and suffering.
What is Euthanasia?
The type of law system that comes from England in which previous judge's decisions set a precedence moving forward.
In the State of Florida, this rule is needed to prove insanity: at the time of the crime, they were not able to distinguish between right and wrong.
These two court cases expanded the right to have a lawyer, one during trial and one during interrogation.
What are Gideon v. Wainwright and Escobedo v. Escobedo v. Illinois?
What is plea bargaining?
The difference between these two crimes is that one is taking property from immediate possession by force and intimidation, the other is entering a structure to commit a crime.
What is Robbery and Burglary?
This type of law comes from a God. Examples would be the 10 Commandments, Islamic Laws, etc...
What is Divine Law?
In the State of Florida, this participant in crime is charged as the principal, even if they just helped commit the crime.
What is the Accomplice?
These two court cases interpreted the 14th amendment's Equal Protection Clause differently, eventually ending Segregation.
The order of a judge or sheriff to take a person to jail due to failure to appear at court or from indictment.
Unlike Battery (where there is physical contact) this crime is the attempt or threat to carry out a physical attack upon another person.
What is Simple Assault?