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which model of law?
protection of citizens including criminal suspects, from possible abuses by the po po and law enforement. assumes innocence of suspectd
due process model
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which process of law?
-seeks apprehension and punishment of lawbreakers
-emphasizes efficient detection of suspects and the effective prosecution of the defendants`
criminal control model
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-rights of individuals vs the common good
-types of models of law go here
-equality vs discretion
- discover the truth or resolve conflicts
-science vs the law as a source of decision
4 choices in law
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telling the difference between cold murder and defense
discretion
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judges administering a variety of penalties for same crime
sentencing disparity
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truth may not alway be able to be known, therefore the next priority is ____
justice/ resolving conflicts
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accepting a bargain offer for a lesser charge
plea bargain. 80-95% of defendants plea bargain
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violation of the penal code. ex driving through a red light. mostly abuot damages and financial responsibility
civil case
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does no involve fines, people go to jail for these cases
criminal case
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law relies on _______, psychology relies on _____ method
precedents, scientific methods
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judges decision about admissibility of expert testimony is based on what decision? :
1) whether the experts theory or tech can be tesetd
2)whether it has been peer reviewed
3) reliabiliy and error rate of claims
4)extent to which expert techs and claims have been accepted by the scientific community
Daubert Decision
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system that the US uses for justice.
-exhibits evidence and witnesses are assembled by reps (attorneys) of one side or the other to convince the fact finder that their sides view point is the truthful one
adversarial system
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federal court decisions and therefore federal law have _____ over cases arising under the constitution and applies to ____
jurisdiction; everyone
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federal courts include-
- trial courts (bottom)
-appellate courts (middle, interested only in issues of law)
-supreme court
yeah
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a federal law will only get involved with a state law if the individuals are what
in different states
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when a court decides to review a case
writ of certiorari
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lower courts are contained within which system of courts:
-juvenile courts
-family courts
state courts, which are typically divided into "lower" courts
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approach in which the law is used as a vehicle to improve peoples lives
therapeutic jurisprudence
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most cases are resolved by ______ (without assistance of a third party) or by _____ (which involves the use of a third person, to help resolve controversy)
negotiation ,alternative dispute resolution
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in the case of ADR (alternative dispute resolution) the third party is usually a hwat
forensic psychologist
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agreeing to accept the decision of the arbitrator. means that the case is over
binding arbitration
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if one of the parties is dissatisfied with the arbitrators decision, that person may ask that the case be tried before a judge or jury
non-binding arbitration
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-use of neutral person to work with litigants and their lawyers to achieve a settlement
-this person doesnt have authority to decide the controversy
mediation
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because judges are selected by ____, they are said to be more accountable to the public
elections
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judging that occurs spontaneously, often without careful thought or effort
intuitive process
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judging process that involves mental effort, concentration, motivation, and application of rules
deliberative processes
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us attorneys, whom are appointed by the president
federal prosecutors
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head prosecutors for cities and countries called ____ attorneys are elected
state
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