Criminal Justice Part 3

Police officers deprive people of their liberty or property

government officials' interference with someones freedom of movement

Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent escape or the person poses a threat of death or injury to others

written statement of fact, used to obtain warrants

establishes the flexible totality of circumstances test for determining the existence of probable cause needed for a warrant

tests for identifying whether probable cause exists that permit a judge to determine if there is enough evidence to issue a warrant

police officers have authority to stop and frisk suspects on the streets when their is reasonable suspicion that they are armed and involved in criminal activity

when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest or question suspects without obtaining a warrant

police are not required to inform people of their right to decline to be searched when police ask for consent to search

permissible warrantless search of a vehicle that has been impounded

suspects in custody must be informed of their right to remain silent and be represented during questioning

permits police to immediately question a suspect in custody without providing any warnings, when public safety would be jeopardized by their taking time to supply the warnings

illegally obtained evidence is excluded from trial

Fourth Amendment was applied to state and local police officers, but exclusionary principle was not imposed

law that applied the exclusionary rule for state and local officials

exclusionary rule applied as remedy for searches for federal law enforcement officials

permits use of improperly obtained evidence when police acted honestly but judge improperly issued the warrant

supreme court approves good faith exception to the exclusionary rule

improperly obtained evidence can be used when it would later have been discovered

supreme court created inevitable discovery rule

lawyers for each side represent their clients' best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants

judge takes active role in investigating the case and examining evidence

criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases

criminal courts with jurisdiction over all offenses

courts that hear appeals of decisions of lower courts

lower-level local courts dedicated to addressing particular social problems or troubled populations

an election in which candidates openly endorsed by political parties are presented to voters for selection

an election in which candidates' party affiliations are not listed on the ballot

judges are nominated by a commission and appointed by a governor for a given period of time

A legal rep. of the state who is responsible for bringing criminal charges

Officials responsible for prosecution of crimes that violate the laws of the United States

• chief legal officer of the state
• responsible for civil and criminal matters

each separate offense of which a person is accused in an indictment or an information

the prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial

an entry made by the prosecutor on the record that charges will not be prosecuted

the series of events from the arrest of a suspect to the filing of a formal charge with the court

the lawyer who represents the accused offenders and convicted offenders in their dealings with criminal justice

An attorney in private practice assigned by a court to represent an indigent

an attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time

an attorney employed full-time by a public or private nonprofit to represent indigents

Norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process

local court officials' shared view of sentences, defendants prior record, and other case characteristics

an adjournment of a scheduled case until a later date

a collection of individuals who interact in the workplace on a continuing basis, develop norms and establishing a network of roles to facilitate cooperation

the court appearance of an accused person in which charges are read. The accused pleas guilty or not guilty

requesting that an order be issued to bring about a specific action

A written order or summons issued by a law enforcement officer, directing the alleged offender to appear in court at a certain time to answer a criminal charge

pretrial release granted on the defendants promise to appear in court

Defendant may deposit of percentage of the bail if he shows up to court. If not they have to pay full amount

holding a defendant for trial because if released the person may endanger the safety of another person or community or flee

preventive detention is legal to prevent people on bail from committing crimes

When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled

Before a judge may accept a plea of guilty, defendant must state that their plea is voluntary

6th amendment includes misrepresentation of defense attorney in regards to plea bargains

A person can plea guilty to receive a lesser sentence and still maintain their innocence

defendants must uphold the plea agreement or suffer the consequences

A defendant's rights were not violated by a prosecutor who warned that refusing a plea would result in a harsher sentence

juries with less that 12 members is constitutional

removal of juror due to a bias or some other legal disability

removal of a juror for no reason

physical evidence involved in the crime

evidence not based on witness testimony but other forms of evidence

eyewitness accounts

evidence provided by a witness from which a jury must infer a fact

a writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital