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32 Cards in this Set
- Front
- Back
5th & 14th amendments |
Ban the government from taking any persons life, liberty, of property without due process Due process- void for vagueness |
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14th amendment |
"no state shall deny any person within its jurisdiction equal protection of the law" |
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1st amendment exceptions |
obscenity, profanity, libel, slander, fighting words and clear & present danger |
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Libel |
Misconceptions via written word |
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Slander |
Misconceptions via spoken word |
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Amendments surrounding privacy |
1st= freedom of speech 3rd= ban on quartering soldiers in private homes 4th= unreasonable search and seizures 5th & 14th= Ban the government from taking any persons life, liberty, of property without due process 9th |
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To deny the right to privacy the government... |
must have compelling interest as it is a fundamental right |
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To deny the 1st amendment the government... |
must have compelling interest as it is a fundamental right |
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Manifest Criminality |
the requirement that attitudes have to turn into deeds in order to be considered criminal |
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Status |
punish for acts, not who someone is (biological= sex, race, orientation & voluntary= prior drug use/history) |
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Legal Duty |
Special relationships, statutes, contracts |
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Recklessly 2 prong test |
1. awareness of substantial/unjustifiable risk 2. disregarded the risk |
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Factual causation |
"but for" the defendants action the result would not have occurred ~ direct causation to the chain of events |
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Proximate causation |
is it the defendants actions that caused the event or an intervening action ~ direct and substantial linkage |
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Strict Liability |
state of mind is irrelevant = no mens rea (bar tender) |
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Burden of persuasion |
preponderance of the evidence (51%) |
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Imperfect defense |
Not acquitted, but guilty of a lesser offense |
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Affirmative defense |
defenses in which the defendant has the burden of proof justification and excuse |
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Elements of self defense |
1. unprovoked attack 2. imminent danger 3. necessity 4. reasonable force |
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Castle Laws |
broadening situations which could count as self-defense |
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Requirements for consent |
1. Voluntary 2. Knowing 3. Authorized |
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D.C. v. Heller (2008) |
banned citizens from owning handguns ~ deemed unconstitutional 2nd amendment |
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Re kemmler |
defined cruel and unusual as "something more than the extinguishing of life" 8th amendment |
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Brown v. State |
guy shoots his friend by accidentCommon Actus Reas |
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Commonwealth v. Penstinakas |
were supposed to care for a sick elderly man ~ convicted of 3rd degree murder Omissions |
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Miller v. State |
car is pulled over and all the men in the car are arrested for possession even though one did not know about the drugs ~ joint occupancy test Possession |
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Commonwealth v. Barnes |
The shooting of a police officer later led to his death because the bullet hole got infected 40 years later Proximate Causation |
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State v. Stark |
HIV case Causation |
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People v. Goetz |
man shot a group of boys trying to rob him ~ used excessive force self-defense |
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Falco v. State |
trap gun cannot have discretion/reason so it an unnecessary use of force defense of home |
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The Queen v. Dudley and Stephens (1884) |
"there is no absolute or unqualified necessity to preserve ones life" |
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State v. Metzger |
Naked guy in the window Void for vagueness |