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POL SCI 145E Study Guide - Winter 2019, Comprehensive Final Exam Notes - Criminal Law, United States Constitution, Thomas Jefferson


Department
Political Science
Course Code
POL SCI 145E
Professor
Orren
Study Guide
Final

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POL SCI 145E

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- Habeas corpus is in civil procedure not criminal law. It does not end in criminal action
therefore not studied in criminal classes.
Overarching Pictures
- Several numbers in the bill of rights that have to do with criminal law
- 4th 5th 6th and the 8th overtly directly have to do with questions of crime,
arrested, and how the courts will proceed
- 2nd amendment (Heller, guns) comes close
- 7th amendment right to jury in common law
- They were afraid that people who were up to criminal offenses would be
too hard to prove.
- In civil cases you don’t have a right to civil trail
- In order to prosecute these cases they would call them civil crimes so
they could circumvent the jury.
- Not about criminal law but prevented government from keeping people
from a jury
- Vast number of white collar crimes don’t go to jail because its too hard
- Comey was head of FBI and he called together and said how many of
you have lost a case. Because none of you have you are in the chicken
shit club which means they make it a civil fine with smaller number of jury
voters.
- 1st amendment is a mitigation of criminal law. It was a crime to distribute
literature that was critical of government etc. the 1st amendment doesn’t SEEM
to do with crime but the underlying idea is to prohibit freedom of speech, etc from
being a crime
- The constitution itself not just its individual provisions separation of powers acts
as a check of criminal laws.
- The King would use the criminal law if somebody wouldn’t vote for his favor
they’d be replaced. King would arrest jurors if they did not give the verdict they
thought was right. This happened until around 1749.
- Criminal law was the way King and colonists wielded power of
government
- Separation of powers meant president should not be able to arrest the
judges, congress should not be able to send or impeach the president.
- Separation of powers is designed to prevent individual branches to use
criminal law as a constraint or coercive measure on the other officers of
government.
- Branches are independent means that if one uses the army the other will
impeach and hope the army will remove the president
- Crimes can be committed by ordinary citizens and officers of the government.
- 1983 actions
- Policemen can violate the law by providing civil actions in which they challenge
what an officer has done
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- Provision to which you can call the officer under count for doing things
like using too much force
- If a social worker takes a child it is okay but if your neighbor does it…
kidnapping
- Law provides a sovereign immunity (qualified immunity) in which
circumstances of where officers of law are immune from certain laws.
- Criminal Act
- Criminal law defines for the people something other than just what the king says
- Tends to be positive law (passed by legislative)
- Clear violation : I killed somebody
- Not a criminal act is when a police officer locks somebody up
- Top layer is constitution (mitigates law and provides a system of which these
things will be decided aka criminal procedure)
Definitions
- Crime: usually defined by a legislature and theoretically can be anything at all
- For centuries there have been a list of serious crimes kidnapping, murder,
treason, arsonry, etc
- Legislature has passed thousands of times for those ^
- Criminal law: punish violation of crime by fines or by imprisonment ; by coercively
punishing the property or the body of the guilty party
- All crimes result in either imprisonment or fines that includes misdemeanors and fines
- Forfeiture: police department take nice car or diamonds or such of people that violated
crimes. aka the loss or giving up of something as a penalty for wrongdoing.
- Right: claims that one person inside or outside the government makes on the actions or
property of another which is enforceable in a court of law
- Rights allow us to make demands on the other person. For ex right to resist
suppression of free speech.
- Does Trump have a right to that money? We will see tonight. Either he has or
doesn’t.
Lecture
- Constitution does this in distribution of rights. The rights of officers even though law
professors don’t want to admit it. The rights appear in courts and the officers have rights
as well as the judges.
- There are rights at all levels whether you are a citizen
Marbury v Madison
- Madison’s right or absent of right trumps the right of Marbury
- Madison gets off scot free.
- Rights of sections 13
- Rights of judges to enforce the law
- Jefferson removes as many federalist as he can off the bat.
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