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Criminal Law Final Exam
Terms in this set (40)
What is a determinate sentence?
Sentence established by the legislature that cannot be reduced = 10 years is 10 years ; three strikes law
What is an indeterminate sentence?
Sentence that legislature did not set and leaves decision to judicial discretion
What is a Bribe?
Form of gifting, manipulation to influence a decision.
Who can be involved in accepting a Bribe?
Police officers, Judges, Prosecutors, Defense Attorneys, Legislatures - anyone who can affect a decision of right or wrong
What is required for Bribery to be a crime?
At what dollar value does a gift need to be reported?
$100 or above
Florida has strict reporting laws related to what?
Gifts to Public Officials - receiver of gift between $25-$100; but if you are the giver you must report the gift.
Public officials can take gifts as long as
gifts valued at or above $100 is reported.
What is the purpose of Sentencing Guidelines?
To eliminate unwanted disparity in sentencing decisions.
What type of sentencing structure does Florida have?
Mix of determinate and presumptive sentencing
What is presumptive sentencing?
The legislature establishes normal sentence, but presiding judge has discretion to deviate from sentence with reason
Florida's sentencing guidelines are within the
Criminal Punishment Code - use of the "guideline score sheet" (score determines the length of punishment)
Guidelines established by legislatures, judges or other to be followed by judges in assessing sentences.
The purpose of Criminal Justice
is to control and prevent conduct that society believes may be harmful or potentially harmful.
What is Treason?
Treason is a crime of a citizen making war against the U.S. or helping its enemies.
Elements of Treason are
requires allegiance to the government (citizenship)
act that violates the allegiance
must have intent(its a specific intent crime)
What is Misprision Treason?
attempting to conceal a treasonous act
The crime of perjury
is a false statement given under oath at a judicial proceeding
the false statement must be material to the case
Can a person who is not a US Citizen commit treason?
Crime related to perjury is called
Subornation of perjury - obtaining another to commit perjury
The Governor can remove Public Official by
use of their Executive Power
Public Official can be removed in two ways
1. An arrest (usually Felony)
2. Malfeasance (misconduct or wrongdoing)
Truth in sentencing Legislation
Gain time = 85%; offenders must serve 85 percent of their prison sentences before they are eligible for early release. Fed gov't provides grant incentive for states with this.
Truth in sentencing means
that actual time served by offenders should be closer to the time allocated for their sentences.
Minimum Mandatory sentence
Day for day in state of Florida no gain time credit
Min Mandatory charge
Judge has no discretion of sentencing, SAO has the discretion of what you can qualify for
Control of Illegal Drugs
1. Forfeiture of money and property
2. Increase in min mandatory sentences
3. Increase in the type of drugs included in the law
4. increase in all sentences
US war on drugs
passage of Anti-drug Abuse Act 1986 and 1988. ONDCP created for federal drug control agency.
Federal and State level war on drugs
in the past were looking for direct results for punishment and retribution
Anti-Drug Abuse Act of 1986
increased the penalties for Federal drug related offenses and provided funding for alcohol and drug abuse treatment, prevention, and rehabilitation programs
State of Florida uses this as a treatment component
Florida allows for drug treatment via
1. Post adjudicatory - defendant is required to enter a plea
2. Pre filing - defendant agrees to certain terms and conditions and if adhered to the charges dropped.
Criminal punishment code
Code comprised of Florida's sentencing guideline
Strives to make sentencing equitable
Deals with Habitual offenders
10-20-Life for use of gun in the commission of crime
Defense for defendants charged with Drug crimes
1. Entrapment defense -not predisposed to committing the crime
2. Agent of law enforcement - informant;cooperating defendant
Discretion to amend drug offenses rests solely on
State Attorneys Office
Present day war on drugs initiative
Intervention is at the forefront, education starting in elementary school
Legislature has created mandatory fees - user funded system
recognition that most serving time for drug possession were drug addicts low level street vendor
State and Federal laws on possession
minimum mandatory sentences only provided longer prison terms
overcrowding in the prison system
backlogs in the courts
Sentencing models are
Legislative - determinate and indeterminate sentencing
Judicial - judges are the only determiners of sentences
Administrative model - parole boards may grant early releases
What are some of the discretions of prosecutors in regards to sentencing
selection of charges
level of charges - amend the quantity of drugs/change min man
discretion to allow you to provide substantial assistance
in practice 3:1
What constitutional issues in sentencing are there?
1. Execution of the Mentally Challenged
2. The Right to Trial by Jury
3. Equal Protection (comes up with regard to race and gender)
4. Proportinality (punishment must proportionate to the offense)
5. The Sentencing of Juveniles
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