chapter 1 test

Question 0

daubert ruling

Answer 0

endorses a classical definition of the scientific method, including hypothesis testing, estimates of error rates, peer-reviewed publication, and general acceptance

Question 1

junk science

Answer 1

theories based on distorted, flawed, or untested hypotheses not derived from or tested by the scientific method

Question 2

frye standard

Answer 2

called the “general acceptance” test. it dictates that scientific evidence is admissible at trial only if the methodology or scientific principle is sufficiently established to have gained general acceptance in the particular field which it belongs. the frye test applies only to new or novel scientific methodologies

Question 3

plea bargaining

Answer 3

an agreement in which the defendant pleads guilty to a lesser charge and the prosecutor in return drops more serious charges to avoid the cost and time of a trial

Question 4

probative

Answer 4

in evidence law, tending to prove something

Question 5

material

Answer 5

relevant and significant a material witness has information about the subject

Question 6

hearsay

Answer 6

testimony given by witness who says what they know from what others have said

Question 7

expert witness

Answer 7

a person who is a specialist in a subject that is often technical they may present their opinion without actually witnessing anything related to the case

Question 8

nolo contendere

Answer 8

in a criminal lawsuit, when a defendant neither admits or denies to commiting the crime but accepts the punishment

Question 9

preliminary or evidentiary hearing

Answer 9

before a magistrate or judge to see if the person needs to be held for a trial also called a preliminary examination

Question 10

grand jury

Answer 10

a group of people sworn to inquire into a crime and if appropriate, bring accusations against the suspected criminals

Question 11

indict

Answer 11

to formally accuse a person of a crime

Question 12

elements

Answer 12

in a criminal law, the specific factors or parts of a crime

Question 13

booking

Answer 13

a police procedure following arrest that records basic information about the suspect, a photograph, and fingerprints, and perhaps includes a lineup

Question 14

Miranda rights or Miranda warning

Answer 14

rights guaranteed by the constitution that police must tell arrestees about

Question 15

arraignment

Answer 15

the first act in a criminal proceeding, where the defendant is brought before the court to hear charges and enter a plea

Question 16

bail

Answer 16

money put up to guarantee that the defendant will appear in court as directed

Question 17

violation

Answer 17

a breach of a right, duty, or law

Question 18

infraction

Answer 18

violation of a rule or law that is not punishable by prison

Question 19

misdemeanor

Answer 19

a minor crime punished with a fine or confinement other than in a prison

Question 20

felony

Answer 20

a serious crime, punishable by more than one year of imprisonment up to execution

Question 21

probable cause

Answer 21

situation in which a reasonable and prudent person, viewing the available information, would conclude that a crime has been committed and that a suspect committed it

Question 22

criminal law

Answer 22

regulation and enforcement of rights, setting the acceptable limits of conduct society

Question 23

civil law

Answer 23

law that deals with noncriminal suits brought to protect or preserve a civil or private right or matter

Question 24

stare decisis

Answer 24

to stand by the decision, meaning previous legal decisions are to be followed

Question 25

common law or case law

Answer 25

the body of law made up of judicial opinions and precedents

Question 26

statutory law

Answer 26

legislative acts declaring, commanding, or prohibiting something

Question 27

odontology

Answer 27

examination of bite marks and dental identification of corpses

Question 28

pathology

Answer 28

investigation of sudden, unexplained, or violent death

Question 29

entomology

Answer 29

the study of insects

Question 30

palynology

Answer 30

the study of pollen and spores

Question 31

polygraphy

Answer 31

the use of the lie detector

Question 32

criminalistics

Answer 32

the examination of physical evidence

Question 33

evidence

Answer 33

anything that tends to establish or disprove a fact and can include a testimony, documents, and other objects

Question 34

ballistics

Answer 34

the science that deals with the motion, behavior, and effects of projectiles, most often firearms and bullets

Question 35

the punishment for civil law

Answer 35

fines or transfer of property

Question 36

Miranda rights

Answer 36

page 22

Question 37

Daubert v.s. frye

Answer 37

in the book

Question 38

crime unit that analyze blood stain

Answer 38

biology

Question 39

evidence rules are:

Answer 39

it must be probative, material, and not a hearsay

Question 40

another name for criminal law

Answer 40

public law

Question 41

department of crime labs

Answer 41

fbi, dea, atf

Question 42

another name for forensic science

Answer 42

criminalistics

Question 43

Another name for civil law

Answer 43

Private law

Question 44

statutory law is based on

Answer 44

The constitution

Question 45

The Locard principle

Answer 45

Every contact leaves a trace

Question 46

Material

Answer 46

It must address the issue of the particular crime