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Questions and Answers
What is the principle of proportional punishment based on?
What is the principle of proportional punishment based on?
- The punishment should be lenient to promote public safety.
- The punishment should match the severity of the crime. (correct)
- The punishment should be subjective based on the judge's discretion.
- The punishment should be severe regardless of the crime.
Which aspect emphasizes fairness in dispute resolution and resource allocation?
Which aspect emphasizes fairness in dispute resolution and resource allocation?
- Public safety
- Procedural justice (correct)
- Negative reciprocity
- Mercy
What does leniency refer to in the context of legal punishment?
What does leniency refer to in the context of legal punishment?
- The restriction of the state's power to punish. (correct)
- The call for more stringent justice systems.
- The allowance for harsher penalties.
- The complete elimination of punishments.
Negative reciprocity can lead to which outcome?
Negative reciprocity can lead to which outcome?
Legal rights can be defined as?
Legal rights can be defined as?
What does the right to mental integrity primarily protect?
What does the right to mental integrity primarily protect?
Which amendment protects against unreasonable searches and seizures?
Which amendment protects against unreasonable searches and seizures?
What is the primary focus of the concept of social justice?
What is the primary focus of the concept of social justice?
In philosophical terms, what does the 'state of nature' represent?
In philosophical terms, what does the 'state of nature' represent?
What is the purpose of transitional justice?
What is the purpose of transitional justice?
What does the concept of the social contract imply?
What does the concept of the social contract imply?
What is the role of state surrogacy?
What is the role of state surrogacy?
What does the term victimization refer to?
What does the term victimization refer to?
What is the primary purpose of a plea bargain?
What is the primary purpose of a plea bargain?
In what situation might prosecution attorneys decide to use a defendant as an informant?
In what situation might prosecution attorneys decide to use a defendant as an informant?
What does the Reasonable Person Test evaluate in legal scenarios?
What does the Reasonable Person Test evaluate in legal scenarios?
What is most likely a consequence of agreeing to a plea bargain?
What is most likely a consequence of agreeing to a plea bargain?
When determining if bail should be granted, which factor is most relevant?
When determining if bail should be granted, which factor is most relevant?
Which amendment provides protection against self-incrimination?
Which amendment provides protection against self-incrimination?
What does the 8th Amendment prohibit?
What does the 8th Amendment prohibit?
What does 'actus reus' refer to in criminal law?
What does 'actus reus' refer to in criminal law?
Which of the following is NOT a characteristic of the American criminal justice system?
Which of the following is NOT a characteristic of the American criminal justice system?
What is the primary focus of criminal profiling?
What is the primary focus of criminal profiling?
What is the main distinguishing feature of robbery compared to burglary?
What is the main distinguishing feature of robbery compared to burglary?
What does 'wergild' refer to in the context of historical legal systems?
What does 'wergild' refer to in the context of historical legal systems?
Which of the following best describes a trial jury's role?
Which of the following best describes a trial jury's role?
What is the primary intent behind the Law of Æthelberht?
What is the primary intent behind the Law of Æthelberht?
Which term is often used interchangeably with civil court cases?
Which term is often used interchangeably with civil court cases?
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Study Notes
Justice and Legal Concepts
- Reciprocity of restraint promotes safety and non-violence among individuals.
- Legal rights are enforceable through legal institutions and can be claimed in court.
- Leniency and mercy involve minimizing the state's punitive powers.
- Negative reciprocity can lead to cycles of violence where individuals retaliate against prior aggression.
- Procedural justice emphasizes fairness in dispute resolution processes.
- Proportional punishment advocates for penalties that correspond to the severity of the crime.
- Protection of public safety is a core principle of justice systems.
Rights and Integrity
- Right to Mental Integrity safeguards individuals' mental states crucial to personal identity.
- Right to Physical Integrity ensures individuals can maintain bodily freedom from external interference.
- Sentencing defines the punishment imposed on offenders by the judicial system.
Social Justice and Theory
- Social contract represents an implicit agreement among society members to cooperate for mutual benefits.
- Social justice focuses on equitable distribution of wealth and opportunities within society.
- The state of nature theorizes a hypothetical scenario devoid of social organization.
- State surrogacy entails government acting in the best interests of its citizens.
- Transitional justice addresses human rights abuses through legal redress and reforms.
Philosophical Concepts
- Veil of Ignorance theorizes that individuals should make decisions without knowledge of their societal status.
- Victimhood describes the process individuals undergo to become recognized victims.
Legal Framework
- 1st Amendment guarantees freedoms of speech, press, assembly, and petition.
- 4th Amendment protects against unreasonable searches and seizures by authorities.
- 5th Amendment secures rights against double jeopardy and self-incrimination, ensuring fair trials.
- 6th Amendment provides the right to a speedy trial and legal representation.
- 8th Amendment prohibits excessive bail, fines, and cruel punishments.
Crime and Punishment
- Actus Reus refers to the physical act of committing a crime.
- Assault involves unconsented touching, regardless of injury severity.
- Crime is seen as societal offenses warranting state punishment, often encompassing serious felonies.
- Crime Laws of 1790 aimed at dismantling organized crime via stronger legal mechanisms.
Criminal Justice System
- The American criminal justice system operates through a variety of independent institutions with overlapping and conflicting goals.
- Criminal profiling helps law enforcement identify potential suspects and connect cases.
- Plea bargains are agreements where defendants plead guilty to lesser charges in exchange for lighter sentences.
- Reasonable Person Test evaluates behaviors based on what a typical person would do in similar situations.
Types of Crimes
- Robbery involves taking property through force or intimidation.
- Burglary consists of illegally entering a dwelling with the intent to commit a crime.
- Sexual assault denotes non-consensual sexual contact.
Historical and Legal Foundations
- The Law of Æthelberht served as an early code promoting social harmony and compensation.
- Tort law addresses civil wrongs and seeks compensation for harm or damages.
- A trial jury assesses evidence to determine guilt, requiring consensus for convictions.
Key Figures and Themes from "Just Mercy"
- Bryan Stevenson advocates for justice reform and equal treatment under the law.
- The Equal Justice Initiative focuses on defending those unjustly accused or condemned.
- Key themes include the death penalty, systemic inequality, and personal stories of wrongfully convicted individuals like Walter McMillian.
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