Functions and Limitations of Law
Informal social control is enforced through what mechanism?
What is society?
This is the power to control any harmful act that may affect the general well being of citizens within the geographical jurisdiction of the state.
What is police power?
The burden of proof cannot switch completely to the defendant because of what?
What is the presumption of innocence?
This is the process used to investigate and prosecute an individual who commits a crime?
What is procedural law?
This is how legislatures typically distinguish crimes.
What is the severity/seriousness of the offense?
The law denies what because of inability to pay for legal services?
What is equal access to justice?
This term refers to legal rules announced in opinions written by appellate judges when deciding appellate cases before them.
What is case law?
An officers sworn statement is known as this.
What is an affidavit?
Most sentencing guidelines treat individuals with prior person-crime convictions more harshly than those with what?
What are prior property-crime convictions?
A single act, like assault, can lead to charges in this type of law and a lawsuit in this other type of law.
What are the three crimes recognized by the Constitution?
This type of defense includes self-defense, defense of others, defense of property, defense of habitation, consent, and necessity, also called, choice of evils.
What is the justification defense?
Trial jurors are known as this.
What are petit jurors?
This type of crime is classified as inherently evil.
What is mala in se?
The law does not always achieve it's purpose of social control, dispute resolution, and social change, but rather can harm society. This is known as _______.
What is the "dysfunction of law"?
Congress is prohibited from passing these two types of laws.
What are ex post facto laws and bills of attainders?
A defendant raises this when the government is unable to prove all of the elements of the crime charged.
What is a negative defense claim?
The trial is bifurcated when this happens.
What is when the state is seeking the death penalty?
This is a crime in California that can be charged as either a felony or a misdemeanor at the discretion of the prosecutor.
The decision in this case was unpopular in Southern states because it declared racially segregated schools unconstitutional. Many states decided not to follow the courts ruling.
What is Brown v. Board of Education of Topeka, Kansas?
This is the foundation for legal precedent.
What is stare decisis?
This type of statute seeks to hold one person responsible for the acts of another, even when they did not provide any assistance and may have not even known about the other's behavior.
What are vicarious liability statutes?
These are the five phases of the processing of a case through the criminal justice system.
What are the investigative phase, the pre-trial phase, the trial phase, the sentencing phase, and the appellate or postconviction phase.
These following are all classifications of what?
Offenses against persons (homicide, assault, kidnapping, and rape, for example); Offenses against property (arson, burglary, and theft, for example); Offenses against family (bigamy and adultery, for example); Offenses against public administration (e.g., bribery, perjury, escape); Offenses against public order and decency (e.g., fighting, breach of peace, disorderly conduct, public intoxication, riots, loitering, prostitution)
What is The Model Penal Code?