chapter 4,5,6 Flashcards

1
Q

3 levels of interaction between police

A

-consensual encounters
-detention
-arrest

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2
Q

compelled self incrimination

A

-compultion to testify must be by government
-prohibited if forced person to testify against themselves
-criminal cases only
-only testimonial self incrimination is protected against compulsion

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3
Q

testimonial evidence

A

-statement made under oath
-any physical evidence is not testimonial
no testi- admissible
testi- not admissible

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4
Q

substantive due process

A

constitutionality of statues and regulations

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5
Q

procedural due process

A

process used by government

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6
Q

preliminary/probable cause hearing

A

a verified mini trial that shows probable cause a crime was committed

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7
Q

initial appearance- complaint

A

name, date of offense , proof crime was committed

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8
Q

grand jury

A

group of people who determine whether to hold the accused for trial
-no defendant in room

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9
Q

indictment

A

formal doc a prosecuting attorney will prepare for grand jury

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10
Q

arraignment

A

enter plea, give bail

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11
Q

no contest

A

not admitting guilt, avoiding guilty pleas

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12
Q

bail

A

freedom to prepare case

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13
Q

kinds of bail

A

cash, PR or ROR, bond

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14
Q

bail reform act

A

federal government can detain defendants without bail hearing if dangerous

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15
Q

gideon’s trumpet

A

-wasn’t given lawyer
-found guilty (5 years)
-reads about what rights u have in trial
-approved for re- trial
- found not guilty

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