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Seizures
Police officers deprive people of their liberty or property
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stop
government officials' interference with someones freedom of movement
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Tennessee v. Garner (1985)
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
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afadavit
written statement of fact, used to obtain warrants
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Illinois v. Gates (1983)
establishes the flexible totality of circumstances test for determining the existence of probable cause needed for a warrant
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totality of circumstances
tests for identifying whether probable cause exists that permit a judge to determine if there is enough evidence to issue a warrant
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Terry v. Ohio (1968)
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
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Chimel v California (1969)
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
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US v Drayton (2002)
police are not required to inform people of their right to decline to be searched when police ask for consent to search
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inventory search
permissible warrantless search of a vehicle that has been impounded
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Miranda v Arizona (1966)
suspects in custody must be informed of their right to remain silent and be represented during questioning
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Public Safety exception
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
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Exclusionary rule
illegally obtained evidence is excluded from trial
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Wolf v Colorado (1949)
Fourth Amendment was applied to state and local police officers, but exclusionary principle was not imposed
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Mapp v Ohio (1961)
law that applied the exclusionary rule for state and local officials
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Weeks v. United States (1914)
exclusionary rule applied as remedy for searches for federal law enforcement officials
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good faith exception
permits use of improperly obtained evidence when police acted honestly but judge improperly issued the warrant
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United States v. Leon (1984)
supreme court approves good faith exception to the exclusionary rule
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"inevitable discovery" rule
improperly obtained evidence can be used when it would later have been discovered
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Nix v. Williams (1984)
supreme court created inevitable discovery rule
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adversarial process
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
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inquisitorial process
judge takes active role in investigating the case and examining evidence
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trial courts of limited jurisdiction
criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases
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trial courts of general jurisdiction
criminal courts with jurisdiction over all offenses
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appellate court
courts that hear appeals of decisions of lower courts
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problem-solving courts
lower-level local courts dedicated to addressing particular social problems or troubled populations
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partisan election
an election in which candidates openly endorsed by political parties are presented to voters for selection
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nonpartisan election
an election in which candidates' party affiliations are not listed on the ballot
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merit selection
judges are nominated by a commission and appointed by a governor for a given period of time
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prosecuting attorney
A legal rep. of the state who is responsible for bringing criminal charges
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United States attorneys
Officials responsible for prosecution of crimes that violate the laws of the United States
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State attorney General
- chief legal officer of the state
- responsible for civil and criminal matters
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Count
each separate offense of which a person is accused in an indictment or an information
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discovery
the prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial
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nolle prosequi
an entry made by the prosecutor on the record that charges will not be prosecuted
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accusatory process
the series of events from the arrest of a suspect to the filing of a formal charge with the court
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defense attorney
the lawyer who represents the accused offenders and convicted offenders in their dealings with criminal justice
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Assigned Counsel
An attorney in private practice assigned by a court to represent an indigent
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contract counsel
an attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time
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public defender
an attorney employed full-time by a public or private nonprofit to represent indigents
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local legal culture
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
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going rate
local court officials' shared view of sentences, defendants prior record, and other case characteristics
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continuance
an adjournment of a scheduled case until a later date
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workgroup
a collection of individuals who interact in the workplace on a continuing basis, develop norms and establishing a network of roles to facilitate cooperation
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arraignment
the court appearance of an accused person in which charges are read. The accused pleas guilty or not guilty
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motion
requesting that an order be issued to bring about a specific action
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citation
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
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release in recognizance (ROR)
pretrial release granted on the defendants promise to appear in court
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percentage bail
Defendant may deposit of percentage of the bail if he shows up to court. If not they have to pay full amount
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preventive detention
holding a defendant for trial because if released the person may endanger the safety of another person or community or flee
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United States v. Salerno (1987)
preventive detention is legal to prevent people on bail from committing crimes
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Santobello v. New York (1971)
When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled
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Boykin v. Alabama (1969)
Before a judge may accept a plea of guilty, defendant must state that their plea is voluntary
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Missouri v. Frye (2012)
6th amendment includes misrepresentation of defense attorney in regards to plea bargains
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North Carolina v. Alford (1970)
A person can plea guilty to receive a lesser sentence and still maintain their innocence
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Ricketts v. Adamson (1987)
defendants must uphold the plea agreement or suffer the consequences
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Bordenkircher v. Hayes (1978)
A defendant's rights were not violated by a prosecutor who warned that refusing a plea would result in a harsher sentence
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Williams v. Florida (1970)
juries with less that 12 members is constitutional
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challenge for cause
removal of juror due to a bias or some other legal disability
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peremptory challenge
removal of a juror for no reason
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real evidence
physical evidence involved in the crime
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demonstrative evidence
evidence not based on witness testimony but other forms of evidence
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direct evidence
eyewitness accounts
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circumstantial evidence
evidence provided by a witness from which a jury must infer a fact
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haeas corpus
a writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital
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