Ch 7: Courts Flashcards
Search
Finding and examining a suspect/evidence
Reasonable suspicion
Legal standard in which an officer has objectively justifiable suspicion a crime occured and requires further investigation
Plain view doctrine
Rule of criminal procedure that allows officer to examine and seize evidence of a crime without a warrant when the evidence is clearly visible
Automobile exception
Rule allowing police to search vehicle without warrant if there’s probable cause that it may contain evidence, drugs, or stolen property
Hot pursuit
Police may enter a home without a warrant when pursuing a suspect, stopping violence, or persevering evidence
Seizure
Police removal of property following unlawful activity or to satisfy a judgment by the court
Stop
Temporary detention for questioning or investigation based on reasonable suspicion
Stop and frisk
Officers may lawfully pat down the clothing of someone when they have reasonable suspicion that person is involved in criminal activity
Exigent circumstances
Arrest, search, or seizure can be made without warrant when there’s immediate threat to public safety or evidence may be destroyed
Public safety exception
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
Exclusionary rule
Evidence obtained in violation of constitution is inadmissible in court
Fruit of the poisonous tree doctrine
Evidence obtained in violation of any law is inadmissible in court
Good faith exception
Officers had reasonable belief they were acting legally
Inevitable discovery rule
Evidence would be eventually discovered in a routine investigation
Dual court system
Having both federal and state court (like in the US)
Adversarial process
Attorneys for both sides who produce and argue against evidence to find the truth
Trial Courts of Limited Jurisdiction
Small specific sets of cases; (State level: municipal courts, magistrate courts, justice of the peace courts; Federal: US magistrate courts)
Trial Courts of General Jurisdiction
State level: district courts, superior courts, circuit courts;
Federal level: US district court
Appellate Courts
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)
Problem-solving courts
Courts that focus on specific offense or type of person committing crime
3 roles of judges
Adjudicator, negotiator, administrator
Adjudicator
Makes impartial decisions on cases; issues verdicts using law
Negotiator
Help attorneys negotiate settlements; arranges plea deals; behind the scenes
Administrator
Manages operations in court; everyone doing what they’re supposed to; handles schedule
Prosecutor (District Attorney, State Attorney, County Attorney, Commonwealth Attorney, City Attorney)
Represents gov in criminal cases to investigate crimes and tends to side w law enforcement
Prosecute
To institute legal proceedings against a person or organization
Defense attorney
Represents accused defendants and convicted offenders
Public defender
Lawyer employed at taxpayers expense to represent defendant who can’t afford legal assistance; works for gov full time
Assignment counsel
Court appointed lawyer from public practice
Contract counsel
Gov contracts w attorney or law firm and gives them monthly budget to work w court
