Crim2
Terms
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- 1) Which Amendments are referred to as our Bill of Rights?
- The first 10 amendments.
- Define Jurisdiction.
- The power and authority of a court to hear and determine judicial proceedings; and the power to render a particular decision in question.
- Define Venue.
- The geographic location where a trail should be held. The Sixth Amendment to the U.S. Constitution provides that a defendant has the right to be tried in the judicial district in which the criminal act allegedly occurred.
- Understand the concept of right to privacy.
- The right to be left alone; the right to be free from unwarranted publicity; and right to live without unwarranted interferences by the public in matters with which the public is not necessarily concerned. The right is a generic term encompassing various rights recognized to be inherent in intimate personal relationships or activities, and the freedom of an individual to make fundamental choices regarding him- or herself and family.
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Stanley vs. Georgia
obscene material - Stands for the proposition that people have the right to privacy.
- What is the principle of legality?
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A guide for judges based on the common law principle that sets limitations on the formation, creation, and interpretation of criminal laws.
Three aspects of legality:
1)To prevent the government from punishing a person for conduct that was lawful when performed.
2)The government must give prior notice of what conduct it considers a crime.
3)The prohibition against bills of attainder - Define ex post facto.
- A law that makes an act criminal after the act was committed, retroactively lessens the evidence required for a conviction, or increases the punishment for a previously
- What is a bill of attainder?
- A special law that declares a specific person to be guilty of a crime and thus subject to punishment without a trial or conviction.
- What is equal protection?
- A clause in the Fourteenth Amendment to the U.S. Constitution that requires that persons under like circumstances by given equal protection in the enjoyment of personal rights and the prevention and redress of wrongs. The constitutional guarantee of "equal protection of the laws" means that no person or class of persons shall be denied the same protection of the laws that is enjoyed by other persons or other classes in like circumstances.
- IN RE MICHAEL M.
- The Equal Protection Clause does not apply here. The reason is that the state has an interest to prevent illegitimate pregnancy in underage girls.
- Define double jeopardy.
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A protection in the Fifth Amendment to the U.S. Constitution, enforceable against states through the Fourteenth Amendment, which protects an individual against second prosecution for the same offense after acquittal or conviction and against multiple punishments for the same offense.
Three restrictions on the government:
1)The accused is protected from prosecution for the same offense after an acquittal.
2)The accused is protected form prosecution for the same offense after a conviction.
3)The accused is protected from multiple punishments form the same criminal conduct.