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Intro to Criminal Justice > Chapter 8,9,10 Test > Flashcards

Chapter 8,9,10 Test Flashcards

1
Q

Protection Against unreasonable searches and seizures and protects people’s homes, property, and effects

A

4th Amendment

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2
Q

Other aspects of 4th Amendment

A 
Probable Cause
The exclusionary rule
Arrest
Search and Seizure
Electronic surveillance
Lineups
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3
Q

Guards against self-incrimination and double jeopardy

A

5th Amendment

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4
Q

Other uses of 5th Amendment

A

Confessions

Interrogations

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5
Q

Right to a speedy and public trial by an impartial jury, the right to effective counsel at trial, and other protections

A

6th Amendment

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6
Q

Was enacted to protect all citizens from excessive governmental power

A

Bill of rights

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7
Q

intended to limit overzealous behavior by the police

A

4th Amendment

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8
Q

The requirement that a neutral magistrate issue warrants for arrest and search

A

Primary protection of 4th Amendment

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9
Q

Officer’s searching for and taking away evidence of a crime

A

Search and seizure

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10
Q

A document issued by a judge directing police to immediately arrest a person accused of a crime

A

Warrants, arrest

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11
Q

Reasonable suspicion or belief that a crime has been, or is about to be, committed by a particular person

A

Probable cause

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12
Q

Suspicion that is less than probable cause but more than a mere hunch that a person may be involved in criminal activity

A

Reasonable Suspicion

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13
Q

T or F, The court examines the type and amount of probable cause that the officer has at time of arrest

A

True

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14
Q

The rule providing that evidence obtained improperly cannot be used against the accused at trial

A

Exclusionary Rule

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15
Q

Case in which the exclusionary rule first appeared

A

Weeks v. United States (1914)

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16
Q

Any written document in which the signer swears under oath that the statements in the document are true

A

Affidavit

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17
Q

T or F, Supreme Court has required police officers to obtain a warrant when making a felony arrest unless exigent circumstances are present

A

True, unless instance where quick, emergency action is required

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18
Q

T or F, must have probable cause to stop an individual or vehicle

A

True

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19
Q

Requires the police to first knock and announce their presence before entering a person’s home for the purpose of executing a warrant

A

Search and seizure in general

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20
Q

Exceptions of search and seizure

A

If knocking and announcing would endanger the officers or lead to the destruction of evidence

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21
Q

Types of searches and seizures without a warrant

A

Searches incidental to lawful arrest
Searches during field interrogation (stop-and-frist searches)
Searches of automobiles under special conditions
seizures of evidence that is in plain view
searches when consent is given

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22
Q

Searches incidental to a lawful arrest are limited to the area within the arrestee’s immediate control or that area from which he or she might obtain a weapon

A

Searches incidental to lawful arrest (Chimel v. California)

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23
Q

Carroll v. United states

A

Officers searched the vehicle of a known bootlegger without a warrant but with probable cause

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24
Q

If lawfully on the premises and plain-view discovery is advertent, they may seize the contraband

A

Plain view and open view searches

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25
Q

T or F, Consent to search must be voluntary

A

True

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26
Q

T or F, The constitution does not ignore the privacy rights of an individual who is present and asserting his rights when one occupant consents to search while the other refuses

A

True

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27
Q

Katz v. United States

A

Any form of electronic surveillance is a search and violates a reasonable expectation of privacy

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28
Q

Criminal defendants as well as any witness in a civil or criminal case and anyone testifying before an administrative body, Grand jury, or a congressional committee

A

Application of 4th amendment

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29
Q

Criminal defendants as well as any witness in a civil or criminal case and anyone testifying before an administrative body, Grand jury, or a congressional committee

A

Application of 4th amendment

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30
Q

What is one of the most significant provisions

A

The right against self-incrimination

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31
Q

Two legal triggers of 5th amendment

A

Custody and Interrogation

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32
Q

Police questioning of a suspect about a particular crime

A

Interrogation

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33
Q

Police questioning of a suspect about a particular crime

A

Interrogation

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34
Q

T or F, Second interrogation session held after the suspect has initially refused to make a statement does not violate Miranda

A

True

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35
Q

A procedure in which police ask suspects to submit to a viewing by witnesses to determine the guilty party

A

Lineups

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36
Q

A procedure in which police ask suspects to submit to a viewing by witnesses to determine the guilty party

A

Lineups

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37
Q

Powell v. Alabama

A

In a capital case, when the accused is poor and illiterate, he or she enjoys the right to assistance of counsel for his or her defense and due process

38
Q

Gideon v Wainwright

A

All indigent people charged with felonies in state courts be provided counsel
Only Felony Defendants

39
Q

Argersinger v Hamlin

A

Extended right to counsel to indigent people charges with misdemeanor crimes if they face the possibility of incarceration

40
Q

Escobedo v Illinois

A

Conviction was overturned based on a violation of his right to council

41
Q

All of the steps in the adjudicatory process, from indictment or charge to conviction or acquittal

A

Trial Process

42
Q

The four-tiered federal system that includes supreme courts, circuit courts of appeal, district courts, and magistrate courts

A

Federal court system

43
Q

A term basically meaning there are both state and federal court systems

A

Dual court system

44
Q

T or F, Most people would not agree that the traditional, primary purpose of our courts is to provide a forum for seeking and obtaining truth

A

False

45
Q

A legal system wherein there is a contest between two opposing sides, with a judge (and possibly jury) sitting as an impartial arbiter, seeking truth; Evidence is tested under this approach through cross-examination of witness

A

Adversarial system

46
Q

The act of creating laws or setting standards to govern the activities of government; the Supreme Court, for example, has engaged in policy making in several areas, such as affirmative action, voting, freedom of communication and expression, and so on

A

Policy Making

47
Q

T or F, U.S. Supreme Court decisions have also dramatically changed race relations, resulted in the overhaul of juvenile courts, increased the rights of the accused, prohibited prayer and segregation in public schools, legalized abortion, and allowed for destruction of the U.S. flag

A

True

48
Q

A link between one’s act and the injurious act or crime, such as one tossing a match in a forest and igniting a deadly fire

A

Causation

49
Q

o Lowest level of state courts, also known as inferior courts or trial courts
o Variously called district, justice, justice of the peace, city, magistrate, or municipal courts, the lower courts decide a restricted range of cases
o The workload of the lower courts can be divided into felony criminal cases, nonfelony criminal cases, and civil cases

A

Limited Jurisdiction: Lower Courts

50
Q

The power of a court to hear a particular type of case; also, the territory where a court may conduct its work—city, county, state, or federal

A

Jurisdiction

51
Q

T or F, Majority of judicial business occurs at Federal level, not state

A

False

52
Q

o A level of courts in state courts that stand between trial courts and courts of last resort; they typically have appellate jurisdiction only

A

Intermediate courts of appeal

53
Q

The last court that may hear a case at the state or federal level

A

Court of last resort

54
Q

o Trial courts at the county, state, or federal levels with general and original jurisdiction

A

U.S District Courts

55
Q

Number of U.S District Courts

A

94

56
Q

Number of district courts within the 50 states

A

89

57
Q

How many judgeships created for district courts

A

678

58
Q

Circuit courts, hear appeals from the district courts within their respective federal judicial circuit and are considered to be very powerful and influential in their own right

A

Federal Courts of appeals

59
Q

The four-tiered federal system that includes supreme courts, circuit courts of appeal, district courts, and magistrate courts

A

Federal Court System

60
Q

How many Judges for court of appeals

A

179

61
Q

Who are Judges for court of appeals nominated by

A

The president and confirmed by senate

62
Q

The court of last resort in the United States; also the highest appellate court; it consists of nine justices who are appointed for life

A

Supreme Court

63
Q

In what part of constitution do federal courts have basis in

A

Article III, section 1

64
Q

An order from a higher court directing a lower court to send the record of a case for review

A

Writ of certiorari

65
Q

If four justices decide to grant cert, the court will agree to hear the case

A

Rule of four

66
Q

A legal doctrine requiring that one must not be a party to a lawsuit unless he has a personal stake in its outcome

A

Standing

67
Q

Basically a clerical procedure for when an arrestee is taken to jail and a record is made of his or her name, address, charge(s), arresting officers, time and place of arrest, and so on

A

Booking

68
Q

A formal proceeding during which the accused is read his or her rights, informed of the charges, and given the amount of bail required to secure pretrial release

A

Initial Appearance

69
Q

Surety (e.g., cash or paper bond) provided by a defendant to guarantee his or her return to court to answer to criminal charges

A

Bail

70
Q

Risk of bail

A

Risk of flight
Presumption of innocence
Safety of Community

71
Q

Form of payment for bail

A

Cash or secure bail bond

72
Q

A stage in the criminal process conducted by a magistrate to determine whether a person charged with a crime should be held for trial based on probable cause; does not determine guilt or innocence

A

Preliminary Hearing

73
Q

A body that hears evidence and determines probable cause regarding crimes and can return formal charges against suspects; use, size, and functions vary among the states

A

Grand Jury

74
Q

A criminal court proceeding where a formally charged defendant is informed of the charges and asked to enter a formal plea of guilty or not guilty

A

Arraignment

75
Q

A preconviction process between the prosecutor and the accused in which a plea of guilty is given by the defendant, with certain specified considerations in return—having several charges or counts tossed out, a plea by the prosecutor to the court for leniency or shorter sentence, and so on

A

Plea Negotiation or Bargaining

76
Q

T or F, All criminal defendants are guaranteed right to a trial by jury

A

False

77
Q

When you waive your right to jury trial and be tried by judge alone

A

Bench trial

78
Q

done prior to trial, to include quashing of evidence, change of venue, discovery, to challenge a search or seizure, to raise doubts about expert witnesses, to exclude a defendant’s confession, and so on

A

Pretrial Motions

79
Q

A procedure wherein both the prosecution and the defense exchange and share information as to witnesses to be used, results of tests, recorded statements by defendants, psychiatric reports, and so on, so that there are no major surprises at trial; known as “Brady material,” based on Brady v. Maryland (1963)

A

Discovery

80
Q

Programs given usually to young offenders to help them

A

Diversion Programs

81
Q

An attempt (usually by defense counsel) to have a criminal trial continued until a later date

A

Delay

82
Q

Legal error (e.g., improperly admitted evidence, improper jury instructions), juror misconduct, ineffective counsel, or lack of sufficient evidence to support a guilty verdict

A

Appeal

83
Q

Achieving Paper on Demand
Digital recording
Conducting hearings via videoconferencing

A

Technologies in the courts

84
Q

a means of selecting judges whereby names of interested candidates are considered by a committee and recommendations are then made to the governor, who then makes the appointment

A

Merit selection or Missouri Plan

85
Q

Multiple candidates may seek the same judicial position; voters cast ballots; candidates have party affiliations

A

Partisan Election

86
Q

Candidate’s part affiliation not designated on the ballot

A

Nonpartisan election

87
Q

Judge appointed by the governor without a judicial nominating committee; may require confirmation by legislature or executive council

A

Gubernatorial appointment

88
Q

Judges are nominated and appointed or elected by legislative vote only

A

Legislative appointment/election

89
Q

May be said to be the single most powerful person in the American criminal justice system

A

Prosecutor

90
Q

One whose responsibility is to see that the rights of the accused are upheld prior to, during, and after trial; the Sixth Amendment provides for “effective” counsel, among other constitutionally enumerated rights that defense attorneys must see are upheld

A

Defense attorneys

91
Q

There can be no equal justice where the kind of trial a man gets depends on the amount of money he has

A

Griffin v. Illinois

92
Q

♣ An attorney whose full-time job is to represent indigent defendants
♣ Paid government employees
♣ Commonly found in larger jurisdictions

A

Public Defender

Intro to Criminal Justice (7 decks)

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