chapter 1 test Flashcards
daubert ruling
endorses a classical definition of the scientific method, including hypothesis testing, estimates of error rates, peer-reviewed publication, and general acceptance
junk science
theories based on distorted, flawed, or untested hypotheses not derived from or tested by the scientific method
frye standard
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
plea bargaining
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
probative
in evidence law, tending to prove something
material
relevant and significant a material witness has information about the subject
hearsay
testimony given by witness who says what they know from what others have said
expert witness
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
nolo contendere
in a criminal lawsuit, when a defendant neither admits or denies to commiting the crime but accepts the punishment
preliminary or evidentiary hearing
before a magistrate or judge to see if the person needs to be held for a trial also called a preliminary examination
grand jury
a group of people sworn to inquire into a crime and if appropriate, bring accusations against the suspected criminals
indict
to formally accuse a person of a crime
elements
in a criminal law, the specific factors or parts of a crime
booking
a police procedure following arrest that records basic information about the suspect, a photograph, and fingerprints, and perhaps includes a lineup
Miranda rights or Miranda warning
rights guaranteed by the constitution that police must tell arrestees about
arraignment
the first act in a criminal proceeding, where the defendant is brought before the court to hear charges and enter a plea
bail
money put up to guarantee that the defendant will appear in court as directed
violation
a breach of a right, duty, or law
infraction
violation of a rule or law that is not punishable by prison
misdemeanor
a minor crime punished with a fine or confinement other than in a prison
felony
a serious crime, punishable by more than one year of imprisonment up to execution
probable cause
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
criminal law
regulation and enforcement of rights, setting the acceptable limits of conduct society
civil law
law that deals with noncriminal suits brought to protect or preserve a civil or private right or matter
stare decisis
to stand by the decision, meaning previous legal decisions are to be followed
common law or case law
the body of law made up of judicial opinions and precedents
statutory law
legislative acts declaring, commanding, or prohibiting something
odontology
examination of bite marks and dental identification of corpses
pathology
investigation of sudden, unexplained, or violent death
entomology
the study of insects
palynology
the study of pollen and spores
polygraphy
the use of the lie detector
criminalistics
the examination of physical evidence
evidence
anything that tends to establish or disprove a fact and can include a testimony, documents, and other objects
ballistics
the science that deals with the motion, behavior, and effects of projectiles, most often firearms and bullets
the punishment for civil law
fines or transfer of property
Miranda rights
page 22
Daubert v.s. frye
in the book
crime unit that analyze blood stain
biology
evidence rules are:
it must be probative, material, and not a hearsay
another name for criminal law
public law
department of crime labs
fbi, dea, atf
another name for forensic science
criminalistics
Another name for civil law
Private law
statutory law is based on
The constitution
The Locard principle
Every contact leaves a trace
Material
It must address the issue of the particular crime
