Ch 7: Courts Flashcards

1
Q

Search

A

Finding and examining a suspect/evidence

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2
Q

Reasonable suspicion

A

Legal standard in which an officer has objectively justifiable suspicion a crime occured and requires further investigation

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3
Q

Plain view doctrine

A

Rule of criminal procedure that allows officer to examine and seize evidence of a crime without a warrant when the evidence is clearly visible

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4
Q

Automobile exception

A

Rule allowing police to search vehicle without warrant if there’s probable cause that it may contain evidence, drugs, or stolen property

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5
Q

Hot pursuit

A

Police may enter a home without a warrant when pursuing a suspect, stopping violence, or persevering evidence

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6
Q

Seizure

A

Police removal of property following unlawful activity or to satisfy a judgment by the court

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7
Q

Stop

A

Temporary detention for questioning or investigation based on reasonable suspicion

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8
Q

Stop and frisk

A

Officers may lawfully pat down the clothing of someone when they have reasonable suspicion that person is involved in criminal activity

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9
Q

Exigent circumstances

A

Arrest, search, or seizure can be made without warrant when there’s immediate threat to public safety or evidence may be destroyed

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10
Q

Public safety exception

A

Police can question suspects in custody without giving them their miranda warning if they feel as though taking time to do so would jeapordize public safety

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11
Q

Exclusionary rule

A

Evidence obtained in violation of constitution is inadmissible in court

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12
Q

Fruit of the poisonous tree doctrine

A

Evidence obtained in violation of any law is inadmissible in court

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13
Q

Good faith exception

A

Officers had reasonable belief they were acting legally

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14
Q

Inevitable discovery rule

A

Evidence would be eventually discovered in a routine investigation

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15
Q

Dual court system

A

Having both federal and state court (like in the US)

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16
Q

Adversarial process

A

Attorneys for both sides who produce and argue against evidence to find the truth

17
Q

Trial Courts of Limited Jurisdiction

A

Small specific sets of cases; (State level: municipal courts, magistrate courts, justice of the peace courts; Federal: US magistrate courts)

18
Q

Trial Courts of General Jurisdiction

A

State level: district courts, superior courts, circuit courts;
Federal level: US district court

19
Q

Appellate Courts

A

Doesn’t try cases; hears decisions of courts below them (State level: appellate courts; Federal level: US circuit court of appeals and US supreme court)

20
Q

Problem-solving courts

A

Courts that focus on specific offense or type of person committing crime

21
Q

3 roles of judges

A

Adjudicator, negotiator, administrator

22
Q

Adjudicator

A

Makes impartial decisions on cases; issues verdicts using law

23
Q

Negotiator

A

Help attorneys negotiate settlements; arranges plea deals; behind the scenes

24
Q

Administrator

A

Manages operations in court; everyone doing what they’re supposed to; handles schedule

25
Q

Prosecutor (District Attorney, State Attorney, County Attorney, Commonwealth Attorney, City Attorney)

A

Represents gov in criminal cases to investigate crimes and tends to side w law enforcement

26
Q

Prosecute

A

To institute legal proceedings against a person or organization

27
Q

Defense attorney

A

Represents accused defendants and convicted offenders

28
Q

Public defender

A

Lawyer employed at taxpayers expense to represent defendant who can’t afford legal assistance; works for gov full time

29
Q

Assignment counsel

A

Court appointed lawyer from public practice

30
Q

Contract counsel

A

Gov contracts w attorney or law firm and gives them monthly budget to work w court