Criminal Justice Part 3

  1. Seizures
    Police officers deprive people of their liberty or property
  2. stop
    government officials' interference with someones freedom of movement
  3. 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
  4. afadavit
    written statement of fact, used to obtain warrants
  5. Illinois v. Gates (1983)
    establishes the flexible totality of circumstances test for determining the existence of probable cause needed for a warrant
  6. 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
  7. 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
  8. 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
  9. 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
  10. inventory search
    permissible warrantless search of a vehicle that has been impounded
  11. Miranda v Arizona (1966)
    suspects in custody must be informed of their right to remain silent and be represented during questioning
  12. 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
  13. Exclusionary rule
    illegally obtained evidence is excluded from trial
  14. Wolf v Colorado (1949)
    Fourth Amendment was applied to state and local police officers, but exclusionary principle was not imposed
  15. Mapp v Ohio (1961)
    law that applied the exclusionary rule for state and local officials
  16. Weeks v. United States (1914)
    exclusionary rule applied as remedy for searches for federal law enforcement officials
  17. good faith exception
    permits use of improperly obtained evidence when police acted honestly but judge improperly issued the warrant
  18. United States v. Leon (1984)
    supreme court approves good faith exception to the exclusionary rule
  19. "inevitable discovery" rule
    improperly obtained evidence can be used when it would later have been discovered
  20. Nix v. Williams (1984)
    supreme court created inevitable discovery rule
  21. 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
  22. inquisitorial process
    judge takes active role in investigating the case and examining evidence
  23. trial courts of limited jurisdiction
    criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases
  24. trial courts of general jurisdiction
    criminal courts with jurisdiction over all offenses
  25. appellate court
    courts that hear appeals of decisions of lower courts
  26. problem-solving courts
    lower-level local courts dedicated to addressing particular social problems or troubled populations
  27. partisan election
    an election in which candidates openly endorsed by political parties are presented to voters for selection
  28. nonpartisan election
    an election in which candidates' party affiliations are not listed on the ballot
  29. merit selection
    judges are nominated by a commission and appointed by a governor for a given period of time
  30. prosecuting attorney
    A legal rep. of the state who is responsible for bringing criminal charges
  31. United States attorneys
    Officials responsible for prosecution of crimes that violate the laws of the United States
  32. State attorney General
    • chief legal officer of the state
    • responsible for civil and criminal matters
  33. Count
    each separate offense of which a person is accused in an indictment or an information
  34. discovery
    the prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial
  35. nolle prosequi
    an entry made by the prosecutor on the record that charges will not be prosecuted
  36. accusatory process
    the series of events from the arrest of a suspect to the filing of a formal charge with the court
  37. defense attorney
    the lawyer who represents the accused offenders and convicted offenders in their dealings with criminal justice
  38. Assigned Counsel
    An attorney in private practice assigned by a court to represent an indigent
  39. 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
  40. public defender
    an attorney employed full-time by a public or private nonprofit to represent indigents
  41. 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
  42. going rate
    local court officials' shared view of sentences, defendants prior record, and other case characteristics
  43. continuance
    an adjournment of a scheduled case until a later date
  44. 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
  45. arraignment
    the court appearance of an accused person in which charges are read. The accused pleas guilty or not guilty
  46. motion
    requesting that an order be issued to bring about a specific action
  47. 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
  48. release in recognizance (ROR)
    pretrial release granted on the defendants promise to appear in court
  49. percentage bail
    Defendant may deposit of percentage of the bail if he shows up to court. If not they have to pay full amount
  50. preventive detention
    holding a defendant for trial because if released the person may endanger the safety of another person or community or flee
  51. United States v. Salerno (1987)
    preventive detention is legal to prevent people on bail from committing crimes
  52. Santobello v. New York (1971)
    When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled
  53. Boykin v. Alabama (1969)
    Before a judge may accept a plea of guilty, defendant must state that their plea is voluntary
  54. Missouri v. Frye (2012)
    6th amendment includes misrepresentation of defense attorney in regards to plea bargains
  55. North Carolina v. Alford (1970)
    A person can plea guilty to receive a lesser sentence and still maintain their innocence
  56. Ricketts v. Adamson (1987)
    defendants must uphold the plea agreement or suffer the consequences
  57. 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
  58. Williams v. Florida (1970)
    juries with less that 12 members is constitutional
  59. challenge for cause
    removal of juror due to a bias or some other legal disability
  60. peremptory challenge
    removal of a juror for no reason
  61. real evidence
    physical evidence involved in the crime
  62. demonstrative evidence
    evidence not based on witness testimony but other forms of evidence
  63. direct evidence
    eyewitness accounts
  64. circumstantial evidence
    evidence provided by a witness from which a jury must infer a fact
  65. haeas corpus
    a writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital
Card Set
Criminal Justice Part 3