Chapter 8,9,10 Test Flashcards
Protection Against unreasonable searches and seizures and protects people’s homes, property, and effects
4th Amendment
Other aspects of 4th Amendment
Probable Cause The exclusionary rule Arrest Search and Seizure Electronic surveillance Lineups
Guards against self-incrimination and double jeopardy
5th Amendment
Other uses of 5th Amendment
Confessions
Interrogations
Right to a speedy and public trial by an impartial jury, the right to effective counsel at trial, and other protections
6th Amendment
Was enacted to protect all citizens from excessive governmental power
Bill of rights
intended to limit overzealous behavior by the police
4th Amendment
The requirement that a neutral magistrate issue warrants for arrest and search
Primary protection of 4th Amendment
Officer’s searching for and taking away evidence of a crime
Search and seizure
A document issued by a judge directing police to immediately arrest a person accused of a crime
Warrants, arrest
Reasonable suspicion or belief that a crime has been, or is about to be, committed by a particular person
Probable cause
Suspicion that is less than probable cause but more than a mere hunch that a person may be involved in criminal activity
Reasonable Suspicion
T or F, The court examines the type and amount of probable cause that the officer has at time of arrest
True
The rule providing that evidence obtained improperly cannot be used against the accused at trial
Exclusionary Rule
Case in which the exclusionary rule first appeared
Weeks v. United States (1914)
Any written document in which the signer swears under oath that the statements in the document are true
Affidavit
T or F, Supreme Court has required police officers to obtain a warrant when making a felony arrest unless exigent circumstances are present
True, unless instance where quick, emergency action is required
T or F, must have probable cause to stop an individual or vehicle
True
Requires the police to first knock and announce their presence before entering a person’s home for the purpose of executing a warrant
Search and seizure in general
Exceptions of search and seizure
If knocking and announcing would endanger the officers or lead to the destruction of evidence
Types of searches and seizures without a warrant
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
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
Searches incidental to lawful arrest (Chimel v. California)
Carroll v. United states
Officers searched the vehicle of a known bootlegger without a warrant but with probable cause
If lawfully on the premises and plain-view discovery is advertent, they may seize the contraband
Plain view and open view searches
T or F, Consent to search must be voluntary
True
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
True
Katz v. United States
Any form of electronic surveillance is a search and violates a reasonable expectation of privacy
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
Application of 4th amendment
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
Application of 4th amendment
What is one of the most significant provisions
The right against self-incrimination
Two legal triggers of 5th amendment
Custody and Interrogation
Police questioning of a suspect about a particular crime
Interrogation
Police questioning of a suspect about a particular crime
Interrogation
T or F, Second interrogation session held after the suspect has initially refused to make a statement does not violate Miranda
True
A procedure in which police ask suspects to submit to a viewing by witnesses to determine the guilty party
Lineups
A procedure in which police ask suspects to submit to a viewing by witnesses to determine the guilty party
Lineups
Powell v. Alabama
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
Gideon v Wainwright
All indigent people charged with felonies in state courts be provided counsel
Only Felony Defendants
Argersinger v Hamlin
Extended right to counsel to indigent people charges with misdemeanor crimes if they face the possibility of incarceration
Escobedo v Illinois
Conviction was overturned based on a violation of his right to council
All of the steps in the adjudicatory process, from indictment or charge to conviction or acquittal
Trial Process
The four-tiered federal system that includes supreme courts, circuit courts of appeal, district courts, and magistrate courts
Federal court system
A term basically meaning there are both state and federal court systems
Dual court system
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
False
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
Adversarial system
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
Policy Making
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
True
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
Causation
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
Limited Jurisdiction: Lower Courts
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
Jurisdiction
T or F, Majority of judicial business occurs at Federal level, not state
False
o A level of courts in state courts that stand between trial courts and courts of last resort; they typically have appellate jurisdiction only
Intermediate courts of appeal
The last court that may hear a case at the state or federal level
Court of last resort
o Trial courts at the county, state, or federal levels with general and original jurisdiction
U.S District Courts
Number of U.S District Courts
94
Number of district courts within the 50 states
89
How many judgeships created for district courts
678
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
Federal Courts of appeals
The four-tiered federal system that includes supreme courts, circuit courts of appeal, district courts, and magistrate courts
Federal Court System
How many Judges for court of appeals
179
Who are Judges for court of appeals nominated by
The president and confirmed by senate
The court of last resort in the United States; also the highest appellate court; it consists of nine justices who are appointed for life
Supreme Court
In what part of constitution do federal courts have basis in
Article III, section 1
An order from a higher court directing a lower court to send the record of a case for review
Writ of certiorari
If four justices decide to grant cert, the court will agree to hear the case
Rule of four
A legal doctrine requiring that one must not be a party to a lawsuit unless he has a personal stake in its outcome
Standing
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
Booking
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
Initial Appearance
Surety (e.g., cash or paper bond) provided by a defendant to guarantee his or her return to court to answer to criminal charges
Bail
Risk of bail
Risk of flight
Presumption of innocence
Safety of Community
Form of payment for bail
Cash or secure bail bond
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
Preliminary Hearing
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
Grand Jury
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
Arraignment
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
Plea Negotiation or Bargaining
T or F, All criminal defendants are guaranteed right to a trial by jury
False
When you waive your right to jury trial and be tried by judge alone
Bench trial
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
Pretrial Motions
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)
Discovery
Programs given usually to young offenders to help them
Diversion Programs
An attempt (usually by defense counsel) to have a criminal trial continued until a later date
Delay
Legal error (e.g., improperly admitted evidence, improper jury instructions), juror misconduct, ineffective counsel, or lack of sufficient evidence to support a guilty verdict
Appeal
Achieving Paper on Demand
Digital recording
Conducting hearings via videoconferencing
Technologies in the courts
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
Merit selection or Missouri Plan
Multiple candidates may seek the same judicial position; voters cast ballots; candidates have party affiliations
Partisan Election
Candidate’s part affiliation not designated on the ballot
Nonpartisan election
Judge appointed by the governor without a judicial nominating committee; may require confirmation by legislature or executive council
Gubernatorial appointment
Judges are nominated and appointed or elected by legislative vote only
Legislative appointment/election
May be said to be the single most powerful person in the American criminal justice system
Prosecutor
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
Defense attorneys
There can be no equal justice where the kind of trial a man gets depends on the amount of money he has
Griffin v. Illinois
♣ An attorney whose full-time job is to represent indigent defendants
♣ Paid government employees
♣ Commonly found in larger jurisdictions
Public Defender
