Our Legal System

Description

Mind Map Ch. 15 & 16
victoria russ
Mind Map by victoria russ, updated more than 1 year ago
victoria russ
Created by victoria russ over 8 years ago
49
0

Resource summary

Our Legal System
  1. Criminal law
    1. felonies
      1. serious crimes punishable by more than 1 year in prison
        1. Examples
          1. Robbery
            1. Kidnapping
              1. Rape
                1. Burglary
                  1. murder aka homicide
                2. misdemeanors
                  1. less serious crimes punishable by less than 1 year in prison
                  2. District Courts
                    1. Superior Court
                      1. NC Court of Appeals
                        1. NC Supreme Court
                          1. 1 Chief Justice + 6 Associate Justices Total =7
                            1. They are elected & serve for 8 year terms
                    2. Steps IN a Criminal Case
                      1. A crime is committed
                        1. Police investigate
                          1. Arrest a suspect
                            1. Booking. Suspect is fingerprinted & their mug shot taken
                              1. Preliminary hearing !st time suspect before a judge
                                1. arraignment. Suspect is asked to enter a plea guilty or not guilty
                                  1. Plea bargain-suspect pleads guilty to a lesser charge in exchange for a lighter sentence
                                    1. If the suspect pleads guilty then the judge sentences him/her.
                                    2. If the suspect pleads not guilty then a trial date is set
                                      1. trial
                                        1. defendant
                                          1. the accused
                                          2. defense lawyer
                                            1. the lawyer for the defendant
                                            2. prosecutor
                                              1. works for the state; they represent the victim
                                              2. Verdict
                            2. Civil Law
                              1. the plaintiff files a lawsuit (a complaint) over damages & money
                              2. Constitutional law
                                1. cases involving the Constitution
                                  1. District Courts (lowest level of the Federal Court System
                                    1. Courts of Appeals
                                      1. US Supreme Court
                                        1. Gideon v. Wainwright
                                          1. guarantees EVERY defendant a lawyer
                                          2. Miranda v. Arizona
                                            1. Police must inform a suspect of his/her rights
                                            2. Mapp v. Ohio
                                              1. exclusionary rule says evidence the police gather WITHOUT a search warrant or probable cause is "inadmissible" in court and must be "excluded"
                                              2. Furman vs. Georgia (1972) suspended the use of the death penalty. The Supreme Court ruled the way the death penalty was being used was "arbitrarily" , "freakish". The ban on the death penalty would last 4 years
                                                1. Gregg v. Georgia (1976) reinstated the death penalty; it divided a death penalty case into phases 1) Trial 2) Sentencing The same jury that found the defendant guilty was also responsible for assigning the death penalty.
                                      2. Administrative Law
                                        Show full summary Hide full summary

                                        Similar

                                        A2 Law: Special Study - Robbery
                                        Jessica 'JessieB
                                        Contract Law
                                        sherhui94
                                        How Parliament Makes Laws
                                        harryloftus505
                                        A-Level Law: Theft
                                        amyclare96
                                        AQA AS LAW, Unit 1, Section A, Parliamentary Law Making 1/3
                                        Nerdbot98
                                        Law Commission 1965
                                        ria rachel
                                        The Criminal Courts
                                        thornamelia
                                        A2 Law: Cases - Defence of Insanity
                                        Jessica 'JessieB
                                        Omissions
                                        ameliathorn0325
                                        AS Law Jury Case Quiz
                                        Fionnghuala Malone
                                        Criminal Law
                                        jesusreyes88