Criminal Justice Sem 1 Final Flashcards
4th Amendment
Protects against unreasonable searches and seizures; requires a warrant based on probable cause.
5th Amendment
Guarantees due process, protects against self-incrimination and double jeopardy, and includes eminent domain rights.
6th Amendment
Guarantees the right to a speedy and public trial, impartial jury, and legal counsel.
8th Amendment
Prohibits excessive bail, excessive fines, and cruel and unusual punishment.
14th Amendment
Guarantees equal protection under the law and applies due process rights to state actions.
Due Process
Legal requirement that the state must respect all legal rights owed to a person, ensuring fairness.
Double Jeopardy
Prohibits being tried twice for the same offense after acquittal or conviction.
Federalism and Dual Court System
A system where state and federal courts operate separately but coexist to address different legal matters.
Writ of Certiorari
An order by a higher court to review the decision of a lower court.
District Court
For state level it is the highest trial courts/the lower courts. For federal level its the lowest of the trial courts. Is the standard trial court.
County Court
A local court that handles smaller civil cases, misdemeanors, and administrative matters.
Municipal Court
A court with jurisdiction over city ordinances, traffic violations, and minor criminal cases.
State Court
Handles cases involving state laws, including criminal and civil disputes.
Federal v. State Courts
Federal courts handle cases involving federal laws; state courts deal with state laws and disputes.
Original Jurisdiction
The authority of a court to hear a case for the first time.
Appellate Jurisdiction
The authority of a court to review and revise the decision of a lower court.
Judicial Review
The power of courts to assess the constitutionality of laws and government actions.
Grand Jury Trial v. Jury Trial
A grand jury determines if there is enough evidence for a trial; a jury trial determines guilt or innocence.
Arraignment
A court proceeding where the accused is formally charged and enters a plea.
Bench Trial
A trial conducted without a jury, where the judge serves as the fact-finder.
Centralized Law Enforcement
A system where law enforcement functions are managed by a central agency.
Decentralized Law Enforcement
A system where law enforcement duties are spread across various local, state, and federal agencies.
Federal Law Enforcement Agencies
Examples include FBI, DEA, and ATF, which handle federal crimes like terrorism and drug trafficking.
State Law Enforcement Agencies
Includes highway patrol and state police, focusing on enforcing state laws and inter-jurisdictional crimes.
Local Law Enforcement Agencies
Includes city police and sheriff’s departments that handle community-level law enforcement.
Private Service Law Enforcement Agencies
Security organizations funded privately to protect specific entities or locations.
Police Chief Duties, Jurisdiction, and Selection
Oversees city police operations, appointed by city officials, jurisdiction within city limits.
Sheriff Duties, Jurisdiction, and Gaining Position
Manages county law enforcement, elected by residents, jurisdiction includes unincorporated areas of the county.
Criminal Investigation 7 Steps
Initial investigation
Scene control
Evidence collection
Witness interviews
Suspect identification
Analysis of evidence
Report writing and case filing.
Fruits of a Poison Tree Doctrine
Evidence obtained illegally cannot be used in court, nor can evidence derived from it.
Exclusionary Rule
Prohibits the use of evidence in court obtained in violation of the defendant’s constitutional rights.
Individual Rights Advocates
Focus on protecting civil liberties and the rights of the accused.
Public Order Advocates
Emphasize community safety and order over individual rights when necessary.
Voir Dire
Jury selection process where attorneys question potential jurors for biases.
Deliberation
Jury’s process of discussing evidence and testimony to reach a verdict.
Bailiff
Court officer responsible for maintaining order, security, and assisting the judge.
Lay Witness
A non-expert witness who testifies based on personal knowledge or observations.
Challenge for Cause
A request to dismiss a potential juror for a specific, stated reason.
Peremptory Challenge
A request to dismiss a potential juror without providing a reason.
