Everything Flashcards
6 Legal Exceptions to Warrantless Searches
1: Search Incident to Lawful Arrest
2: Plain view doctrine
3: Consent
4: Stop and Frisk
5: Automobile Exception
6: Emergencies
3 Parts of the Criminal Justice System
Police, Courts and Corrections
Adjudication
Determining whether a defendant is guilty or not
Administration of justice
The performance of basic activities within the criminal justice system
Administrative law
Body of regulation government create to control the activities of industries, businesses, and individuals
Affirmative Defense
A defense which the defendant introduces evidence which will negate criminal or civil liability
Alibi
The claim that the defendant could not have committed the crime because they were somewhere else at the time
Amendment 1
The freedom of speech, religion, press and assembly
Amendment 14
Gives constitutional rights to all citizens
Amendment 4
Protects people from unreasonable search and seizure
Amendment 5
Against forced self incrimination (Right to remain silent)
Amendment 6
Rights of defendants to a public trial and lawyer (Right to a speedy trial)
Amendment 8
Excessive bail shall not be required
Arrest (Which amendment)
Taking a person into custody (Form of seizure under 4th amendment)
Burden of proof needed by a police officer to make an arrest
Probable Cause
Case Law
Law resulting from Judicial decisions
Chimel v California (1969)
Police officers only had an arrest warrant, but search Chimel’s house with reasonable suspicion
Civil Justice
A component of social justice concerned with fairness in relationships between citizens, gov agencies, and businesses in private matters
Terry vs Ohio (4th amendment)
2 offenders were stopped and frisked by a police officer under reasonable suspicion
Civil Law
Governs relationships between and among parties
Civil Rights Era (When?)
Strong emphasis on individual rights (1960’s to 1970’s)
Prosecutorial Misconduct
Actions by prosecutors to give unfair advantage to government or prejudice the rights of a defendant
Common Law
Traditional body of law of usage and custom
Community Policing Era
Result of Civil Rights and Anti War movements (Provide services to community)
Corpus Delicti
The body of a crime
Corrections
Period following sentencing
Crime
An illegal act which someone can be punished by government
Crime Control Model
Punish and repress criminal conduct
Crime Models
1: Crime Control
2: Due Process Model
Criminal Court
The court in which misdemeanor and violation cases are handled
Criminal Defenses
Age, Alibi, Consent, Duress, Entrapment, Insanity, Intoxication, Mistake, Necessity, Self Defenses
Criminal Justice
The aspects of social justice that concern violations of the criminal law
Culpable Mental States
Intentionally/Purposefully, Knowingly, Recklessly, Criminal Negligence
Cultural Competence
Ability to interact effectively with people of different cultures
Defendant
Against plaintiff
Defense
Evidence and argument offered by the defendant
Defense of home and property
Reasonable force to protect property
Defense of others
Reasonable force to defend others
Discretion
The ability or power to decide responsibly
Double Jeopardy (Collateral Estoppel)
Prohibits a second trial for the same offense
Due Process (Which amendment?)
Procedural Fairness (4,5,6 and 14th amendment)
Elements of a crime
The Act, The Attendants Circumstances, The State of Mind (Intent)
Exceptions to the Exclusionary Rule
1: Good Faith
2: Independent Source Doctrine
3: Inevitable Discovery Doctrine
4: Attenuation Doctrine
Exclusionary Rule
Evidence obtained illegally cannot be used in a trial
Felony
A crime that is punishable by a term of imprisonment for more than one year
Inchoate Offenses/Incomplete Offense
An offense not yet completed or not yet carried out
Infraction(Violation)
An offense punishable by a fine or up to 15 days in jail
Insanity
Defense based on claims of mental illness or mental incapacity
Jurisprudence
Philosophy of Law
Justice
The principle of fairness
Law
A system of rules to govern behavior
Legalistic style
No discrimination in making arrests
Mapp v Ohio
Police forcefully entered Ms. Mapps home and found pornographic books but police had no search warrants (Applied exclusionary rule to states)
Miranda vs Arizona (5th and 6th Amendment)
Miranda wasn’t advice of her rights by the police officers, claiming that his confession was obtained unconstitutionally (5th and 6th Amendment)
Misdemeanor
A crime punishable by probation, a fine or up to one year in jail
Multiculturalism
Society containing diverse groups maintain unique cultural identities
NCVS stands for (Year it began?)
National Crime Victimization Survey(1972)
NIBRS stands for (And what year did it began?)
National Incident Based Reporting System (2021)
Parties to a civil suit
Plaintiff and Defendant
Penal code (also called Criminal Law)
Written form of Criminal Law
Periods of American Policing
1: Political Era (1840-1920)
2: Professional Model Era (1920-1970)
3: Community Policing Era (1970-Present)
Plaintiff
Seeks relief
Police agencies are responsible for four functions
1: Enforce the law
2: Maintain Order
3: Preventing Crime
4: Provide services to the community
Police misconduct
Defense available to defendants victimized by police through planted evidence or false arrest
Policing Styles
1: Watchman
2: Legalistic
3: Service
Political Policing Era
Close ties between police and politicans (Police took pay-offs)
Precedent
A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases.
Principles of Criminal Law
Legality, Actus Reus, Causation, Harm, Concurrence, Mens Rea, Punishment
Procedural Fairness
The process by which decisions that feel fair those involved are made
Procedural Justice
The application of procedural fairness to the criminal justice system
Procedural Law
The part of the law that specifies the methods to be used in enforcing substantive law.
Professional Era
Progressive Movement
Qualified Immunity
Legal immunity that protects police from being held accountable for violating a persons rights
Reentry
An offender may be returned to the community
Seizure
Use of authority to derive someone of liberty or property
Self Defense
Inflict harm to ensure their safety of injury or death
Service style
Informal nonarrest measures designed to assist citizens
Social Diversity
Differences between individuals and groups in the same society
Social Justice
An ideal that embraces all aspects of civilized life
Socialization
Process which rules symbols or values of a group are learned by members of law enforcement
Standard of proof in a civil case
Preponderance of Evidence
Standard of proof in a criminal case(To convict someone at trial)
Beyond a Reasonable Doubt
Statutory Law
Law passed by US Congress or state legislatures
Strict Liabilities (Liability offenses)
Liability without fault or intention. Strict liability offenses do not require mens rea.
Substantive Criminal Law
The part of the law that defines crimes and specifies punishments.
The Rule of Law
Everyone must abide by the law
Due Process Model
Protect the accused rights (Innocent until proven guilty)
Tort
A wrongful act, damage, or injury not involving a breach of contract.
Two Major Sources of Crime Statistics
1: UCR/NIBRS: Run by FBI
2: NCVS: Run by Bureau of Justice Statistics
UCR Program (Stands for) (What year did it begin)
Uniform Crime Reporting Program(1930)
Uniform Crime Reporting (UCR) Program violent crimes
Murder/Non-Negligent Manslaughter, Rape, Robbery, Aggravated Assault, Burglary, Larceny-Theft, Motor Vehicle Theft, Arson
Watchman style
Order maintenance
Weeks v U.S (1914)
Police officers went into his home without a search warrant and found illegal lottery tickets (4th amendment)
What do police officers need to lawfully stop and detain someone
Reasonable Suspicion
When was Due Process set? By who?
Set in the 1960’s by the Warren Court
Wolf vs Colorado (1949)
Charged wolf with abortions but ADA didn’t have a search warrant (Incorporated the 4th amendment)
Discovery
Formal process in which parties to a case in court exchange information about the case
