2 Flashcards
What is the questioning process of perspective jurors by the attorneys and the judge called?
Voir Dier
Who gives the jury instructions to the jury?
The Judge
What is a pre-sentence report?
Designed to assist the judge in determining what appropriate sentence should be imposed. Its written by the probation department.
What important rights are contained in the 5th and 6th amendments relating to a criminal trial?
To have assistance of counsel
What is concurrent sentencing?
The defendant will serve each of separate sentences at the same time.
What is a consecutive sentence?
The defendant will each of separate sentences one after the other.
What are the determinate sentences?
Fixed terms sentencing. Know their anticipated release date when they are sentenced.
Mandatory sentencing
Offense specific. Each crime has its own set punishment that is set by statue. EXAMPLE DUI.
What is the burden of proof for a conviction in a criminal trial?
To find a person guilty of a criminal offense, the prosecutor must prove the case to the jury beyond a restraining doubt.
Who has the burden of proof in a criminal trial?
The prosecution
Differences between civil cases Vs criminal charges
•Civil deals with money
•Criminal deals with punishing criminals.
Stop and Frisk
Terry V Ohio
Application to the exclusionary rule
Weeks V U.S.
Mapp V Ohio
Police interrogation while in custody
Brown V Mississippi
Escobedo V Illinois
What is Miranda rights?
The right to remain silent, anything they say can be used against them, has the right to a presence of an attorney, and that if they cannot afford an attorney will be appointed for them.
When must Miranda rights be given?
During interrogation.
Is a “Frisk” allowed every time there is legal temporary detention of a suspect?
No, not automatically allowed just because a person is detained under reasonable suspicion.
What is the exact purpose of a police frisk?
Officer safety
What is the exclusionary rule?
Any evidence that is illegally seized by the police will be inadmissible in a criminal trial. Acts a deterrent to a police misconduct.
What is the “Fruit of the Poisonous Tree Doctrine?”
If evidence is seized is inadmissible in court because the police acted illegally, than other evidence obtained or found as a result of the illegally seized evidence will also be inadmissible too.
What general rules discussed in class, cover vehicle searches by the police
•Probable cause
• Inventory searches
•When person is arrested in their vehicle.
•Consent searches
•Dog Sniff searches
•Plainview items
• Border checkpoints
What is the backbone of police work?
Patrol
U.S. Supreme Court case name describing the legal standard for police use of deadly force: fleeing felons
Tennessee V Garner
what is community policing?
Police working with the community
