Justice Concepts and Legal Rights

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Questions and Answers

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?

Public safety

Procedural justice (correct)

Negative reciprocity

Mercy

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?

Eliciting retaliatory behaviors such as violence. Signup and view all the answers

Legal rights can be defined as?

Rights that can be enforced through legal institutions. Signup and view all the answers

What does the right to mental integrity primarily protect?

Mental and brain states central to identity Signup and view all the answers

Which amendment protects against unreasonable searches and seizures?

4th Amendment Signup and view all the answers

What is the primary focus of the concept of social justice?

Ensuring equal distribution of wealth and privileges Signup and view all the answers

In philosophical terms, what does the 'state of nature' represent?

A pre-political human situation without social organization Signup and view all the answers

What is the purpose of transitional justice?

To respond to human rights violations and prevent recurrence Signup and view all the answers

What does the concept of the social contract imply?

An implicit agreement to cooperate for mutual benefit Signup and view all the answers

What is the role of state surrogacy?

To serve the interests of the people through appointed representatives Signup and view all the answers

What does the term victimization refer to?

The process of becoming a victim Signup and view all the answers

What is the primary purpose of a plea bargain?

To secure a guilty plea for a lesser charge. Signup and view all the answers

In what situation might prosecution attorneys decide to use a defendant as an informant?

To obtain information on larger criminal cases. Signup and view all the answers

What does the Reasonable Person Test evaluate in legal scenarios?

The actions of a prudent person in similar circumstances. Signup and view all the answers

What is most likely a consequence of agreeing to a plea bargain?

A guaranteed reduction in sentencing. Signup and view all the answers

When determining if bail should be granted, which factor is most relevant?

The likelihood of the defendant's flight risk. Signup and view all the answers

Which amendment provides protection against self-incrimination?

5th Amendment Signup and view all the answers

What does the 8th Amendment prohibit?

Cruel and unusual punishments Signup and view all the answers

What does 'actus reus' refer to in criminal law?

The action or conduct that constitutes a crime Signup and view all the answers

Which of the following is NOT a characteristic of the American criminal justice system?

Coordinated institutions Signup and view all the answers

What is the primary focus of criminal profiling?

Identifying likely suspects in criminal cases Signup and view all the answers

What is the main distinguishing feature of robbery compared to burglary?

Robbery involves the use of force or threats. Signup and view all the answers

What does 'wergild' refer to in the context of historical legal systems?

The compensation paid for injury or death to a family. Signup and view all the answers

Which of the following best describes a trial jury's role?

To hear evidence and decide guilt beyond a reasonable doubt. Signup and view all the answers

What is the primary intent behind the Law of Æthelberht?

To achieve social harmony through compensation. Signup and view all the answers

Which term is often used interchangeably with civil court cases?

Torts. Signup and view all the answers

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 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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Description

This quiz explores key concepts related to justice as articulated by Justinian, including legal rights, leniency, and procedural justice. It also examines negative reciprocity and the importance of mercy in legal contexts. Test your understanding of these fundamental legal principles!