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American Criminal Justice System > Everything > Flashcards

Everything Flashcards

1
Q

6 Legal Exceptions to Warrantless Searches

A

1: Search Incident to Lawful Arrest
2: Plain view doctrine
3: Consent
4: Stop and Frisk
5: Automobile Exception
6: Emergencies

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2
Q

3 Parts of the Criminal Justice System

A

Police, Courts and Corrections

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3
Q

Adjudication

A

Determining whether a defendant is guilty or not

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4
Q

Administration of justice

A

The performance of basic activities within the criminal justice system

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5
Q

Administrative law

A

Body of regulation government create to control the activities of industries, businesses, and individuals

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6
Q

Affirmative Defense

A

A defense which the defendant introduces evidence which will negate criminal or civil liability

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7
Q

Alibi

A

The claim that the defendant could not have committed the crime because they were somewhere else at the time

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8
Q

Amendment 1

A

The freedom of speech, religion, press and assembly

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9
Q

Amendment 14

A

Gives constitutional rights to all citizens

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10
Q

Amendment 4

A

Protects people from unreasonable search and seizure

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11
Q

Amendment 5

A

Against forced self incrimination (Right to remain silent)

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12
Q

Amendment 6

A

Rights of defendants to a public trial and lawyer (Right to a speedy trial)

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13
Q

Amendment 8

A

Excessive bail shall not be required

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14
Q

Arrest (Which amendment)

A

Taking a person into custody (Form of seizure under 4th amendment)

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15
Q

Burden of proof needed by a police officer to make an arrest

A

Probable Cause

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16
Q

Case Law

A

Law resulting from Judicial decisions

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17
Q

Chimel v California (1969)

A

Police officers only had an arrest warrant, but search Chimel’s house with reasonable suspicion

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18
Q

Civil Justice

A

A component of social justice concerned with fairness in relationships between citizens, gov agencies, and businesses in private matters

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19
Q

Terry vs Ohio (4th amendment)

A

2 offenders were stopped and frisked by a police officer under reasonable suspicion

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20
Q

Civil Law

A

Governs relationships between and among parties

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21
Q

Civil Rights Era (When?)

A

Strong emphasis on individual rights (1960’s to 1970’s)

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22
Q

Prosecutorial Misconduct

A

Actions by prosecutors to give unfair advantage to government or prejudice the rights of a defendant

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23
Q

Common Law

A

Traditional body of law of usage and custom

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24
Q

Community Policing Era

A

Result of Civil Rights and Anti War movements (Provide services to community)

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25
Q

Corpus Delicti

A

The body of a crime

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26
Q

Corrections

A

Period following sentencing

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27
Q

Crime

A

An illegal act which someone can be punished by government

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28
Q

Crime Control Model

A

Punish and repress criminal conduct

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29
Q

Crime Models

A

1: Crime Control
2: Due Process Model

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30
Q

Criminal Court

A

The court in which misdemeanor and violation cases are handled

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31
Q

Criminal Defenses

A

Age, Alibi, Consent, Duress, Entrapment, Insanity, Intoxication, Mistake, Necessity, Self Defenses

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32
Q

Criminal Justice

A

The aspects of social justice that concern violations of the criminal law

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33
Q

Culpable Mental States

A

Intentionally/Purposefully, Knowingly, Recklessly, Criminal Negligence

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34
Q

Cultural Competence

A

Ability to interact effectively with people of different cultures

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35
Q

Defendant

A

Against plaintiff

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36
Q

Defense

A

Evidence and argument offered by the defendant

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37
Q

Defense of home and property

A

Reasonable force to protect property

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38
Q

Defense of others

A

Reasonable force to defend others

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39
Q

Discretion

A

The ability or power to decide responsibly

40
Q

Double Jeopardy (Collateral Estoppel)

A

Prohibits a second trial for the same offense

41
Q

Due Process (Which amendment?)

A

Procedural Fairness (4,5,6 and 14th amendment)

42
Q

Elements of a crime

A

The Act, The Attendants Circumstances, The State of Mind (Intent)

43
Q

Exceptions to the Exclusionary Rule

A

1: Good Faith
2: Independent Source Doctrine
3: Inevitable Discovery Doctrine
4: Attenuation Doctrine

44
Q

Exclusionary Rule

A

Evidence obtained illegally cannot be used in a trial

45
Q

Felony

A

A crime that is punishable by a term of imprisonment for more than one year

46
Q

Inchoate Offenses/Incomplete Offense

A

An offense not yet completed or not yet carried out

47
Q

Infraction(Violation)

A

An offense punishable by a fine or up to 15 days in jail

48
Q

Insanity

A

Defense based on claims of mental illness or mental incapacity

49
Q

Jurisprudence

A

Philosophy of Law

50
Q

Justice

A

The principle of fairness

51
Q

Law

A

A system of rules to govern behavior

52
Q

Legalistic style

A

No discrimination in making arrests

53
Q

Mapp v Ohio

A

Police forcefully entered Ms. Mapps home and found pornographic books but police had no search warrants (Applied exclusionary rule to states)

54
Q

Miranda vs Arizona (5th and 6th Amendment)

A

Miranda wasn’t advice of her rights by the police officers, claiming that his confession was obtained unconstitutionally (5th and 6th Amendment)

55
Q

Misdemeanor

A

A crime punishable by probation, a fine or up to one year in jail

56
Q

Multiculturalism

A

Society containing diverse groups maintain unique cultural identities

57
Q

NCVS stands for (Year it began?)

A

National Crime Victimization Survey(1972)

58
Q

NIBRS stands for (And what year did it began?)

A

National Incident Based Reporting System (2021)

59
Q

Parties to a civil suit

A

Plaintiff and Defendant

60
Q

Penal code (also called Criminal Law)

A

Written form of Criminal Law

61
Q

Periods of American Policing

A

1: Political Era (1840-1920)
2: Professional Model Era (1920-1970)
3: Community Policing Era (1970-Present)

62
Q

Plaintiff

A

Seeks relief

63
Q

Police agencies are responsible for four functions

A

1: Enforce the law
2: Maintain Order
3: Preventing Crime
4: Provide services to the community

64
Q

Police misconduct

A

Defense available to defendants victimized by police through planted evidence or false arrest

65
Q

Policing Styles

A

1: Watchman
2: Legalistic
3: Service

66
Q

Political Policing Era

A

Close ties between police and politicans (Police took pay-offs)

67
Q

Precedent

A

A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases.

68
Q

Principles of Criminal Law

A

Legality, Actus Reus, Causation, Harm, Concurrence, Mens Rea, Punishment

69
Q

Procedural Fairness

A

The process by which decisions that feel fair those involved are made

70
Q

Procedural Justice

A

The application of procedural fairness to the criminal justice system

71
Q

Procedural Law

A

The part of the law that specifies the methods to be used in enforcing substantive law.

72
Q

Professional Era

A

Progressive Movement

73
Q

Qualified Immunity

A

Legal immunity that protects police from being held accountable for violating a persons rights

74
Q

Reentry

A

An offender may be returned to the community

75
Q

Seizure

A

Use of authority to derive someone of liberty or property

76
Q

Self Defense

A

Inflict harm to ensure their safety of injury or death

77
Q

Service style

A

Informal nonarrest measures designed to assist citizens

78
Q

Social Diversity

A

Differences between individuals and groups in the same society

79
Q

Social Justice

A

An ideal that embraces all aspects of civilized life

80
Q

Socialization

A

Process which rules symbols or values of a group are learned by members of law enforcement

81
Q

Standard of proof in a civil case

A

Preponderance of Evidence

82
Q

Standard of proof in a criminal case(To convict someone at trial)

A

Beyond a Reasonable Doubt

83
Q

Statutory Law

A

Law passed by US Congress or state legislatures

84
Q

Strict Liabilities (Liability offenses)

A

Liability without fault or intention. Strict liability offenses do not require mens rea.

85
Q

Substantive Criminal Law

A

The part of the law that defines crimes and specifies punishments.

86
Q

The Rule of Law

A

Everyone must abide by the law

87
Q

Due Process Model

A

Protect the accused rights (Innocent until proven guilty)

88
Q

Tort

A

A wrongful act, damage, or injury not involving a breach of contract.

89
Q

Two Major Sources of Crime Statistics

A

1: UCR/NIBRS: Run by FBI
2: NCVS: Run by Bureau of Justice Statistics

90
Q

UCR Program (Stands for) (What year did it begin)

A

Uniform Crime Reporting Program(1930)

91
Q

Uniform Crime Reporting (UCR) Program violent crimes

A

Murder/Non-Negligent Manslaughter, Rape, Robbery, Aggravated Assault, Burglary, Larceny-Theft, Motor Vehicle Theft, Arson

92
Q

Watchman style

A

Order maintenance

93
Q

Weeks v U.S (1914)

A

Police officers went into his home without a search warrant and found illegal lottery tickets (4th amendment)

94
Q

What do police officers need to lawfully stop and detain someone

A

Reasonable Suspicion

95
Q

When was Due Process set? By who?

A

Set in the 1960’s by the Warren Court

96
Q

Wolf vs Colorado (1949)

A

Charged wolf with abortions but ADA didn’t have a search warrant (Incorporated the 4th amendment)

97
Q

Discovery

A

Formal process in which parties to a case in court exchange information about the case

American Criminal Justice System (3 decks)

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