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Questions and Answers
What are the two broad categories of law discussed?
What are the two broad categories of law discussed?
What is the burden of proof in criminal court?
What is the burden of proof in criminal court?
Beyond a reasonable doubt
What is the burden of proof in civil court?
What is the burden of proof in civil court?
Preponderance of evidence
In civil court, penalties are often more severe than in criminal court.
In civil court, penalties are often more severe than in criminal court.
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What does substantive law define?
What does substantive law define?
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Match the amendments to their meanings:
Match the amendments to their meanings:
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What does the Fourth Amendment protect against?
What does the Fourth Amendment protect against?
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What landmark case established the exclusionary rule for federal courts?
What landmark case established the exclusionary rule for federal courts?
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What case applied the exclusionary rule to state courts?
What case applied the exclusionary rule to state courts?
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In what year was the 14th Amendment ratified?
In what year was the 14th Amendment ratified?
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The Supreme Court has always applied the exclusionary rule to evidence obtained in state courts.
The Supreme Court has always applied the exclusionary rule to evidence obtained in state courts.
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What is the good faith exception established in United States v. Leon?
What is the good faith exception established in United States v. Leon?
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Study Notes
Foundations of Criminal Justice
- Criminal law defines and punishes actions harmful to society.
- Civil law deals with contracts, property, and personal injuries.
- Criminal law burden of proof: beyond a reasonable doubt, meaning the jury/judge must be certain of the defendant's guilt
- Civil law burden of proof: preponderance of evidence, establishing a greater than 50% certainty of the claim
- Substantive law: defines criminal behaviors and their punishments
- Procedural law: establishes rules and procedures for administering justice, enforcing laws, and processing cases
- Both substantive and procedural law are essential: substantive law defines illegal actions, while procedural law provides a roadmap for enforcing those laws
Constitutional Protections
- Bill of Rights (first ten amendments): safeguards individual liberties, including freedom of religion, press, speech, assembly, and the right to bear arms.
- 14th Amendment: extends Bill of Rights protections to the states, ensuring equal protection and due process for all citizens.
- Supreme Court began applying the Bill of Rights to states after the 14th Amendment's passage.
Supreme Court & Procedural Protections
- Supreme Court is made up of 9 justices: 1 Chief Justice and 8 Associate Justices
- Supreme Court decisions can shift the pendulum between procedural protections and crime control.
- Warren Court (1953-1969): focused on civil liberties, protecting defendant rights.
- Burger Court (1969-1986): continued to emphasize due process and applied most constitutional protections to states.
The Fourth Amendment & Exclusionary Rule
- Fourth Amendment protects against unreasonable searches and seizures.
- Requires warrants with probable cause and specific descriptions of what is to be searched/seized.
- Exclusionary rule: evidence obtained illegally is inadmissible in court.
- Weeks v. United States (1914): established the foundation for the exclusionary rule in federal court cases.
- Mapp v. Ohio (1961): extended the exclusionary rule to state court cases.
Good Faith Exception
- United States v. Leon (1984): established the "good faith exception" to the exclusionary rule
- Allows evidence seized under a mistakenly issued warrant to be admitted if the officers acted in good faith, believing the warrant was valid.
- Supreme Court argued that the costs of the exclusionary rule in Leon (guilty defendants going free, loss of respect for the law) outweigh the benefits (deterring illegal police behavior).
Significant Court Milestones
- Sandra Day O'Connor: first female Supreme Court justice, appointed in 1981.
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Description
This quiz explores the fundamental principles of criminal and civil law, including the distinctions between substantive and procedural law. It also covers constitutional protections offered by the Bill of Rights and key amendments that safeguard individual liberties.
