Exam 1 Flashcards
1
Q
Administration of Justice
A
Process by which justice is administered.
Includes investigation, identification, apprehension, detention, prosecution, punishment, and rehabilitation.
2
Q
3 Components in the Administration of Justice
A
Police.
Courts.
Corrections.
3
Q
Characteristics of the US Police System
A
18,000 agencies at all three levels.
About 1 million people employed - 70% officers.
Ratio of officers to civilians 2.5 to 1000.
$100 billion a year in expenditures.
4
Q
3 Types of Law Enforcement Agencies
A
Local.
State.
Federal.
5
Q
Differentiate Local, State, and Federal Agencies
A
Different geographical jurisdictions.
Responsible for different types of laws.
Differs in scale.
6
Q
Jurisdiction
A
The official power to make legal decisions and judgments.
7
Q
Subject Matter Jurisdiction
A
Types of laws enforced.
8
Q
Geographic Jurisdiction
A
Physical area within which one has jurisdiction.
9
Q
Joint Jurisdiction
A
More than one agency has jurisdiction.
10
Q
Centralized State Agencies
A
All divisions/departments are one agency.
11
Q
Decentralized State Agencies
A
Division/departments are separate agencies.
12
Q
Application of Constitution equally to Law Enforcement Agencies
A
All agencies limited in their powers to ensure balance between individual freedoms and the power of the states.
13
Q
3 Tiered Court Structure
A
Trial Courts.
Appellate Courts.
State Supreme Courts.
14
Q
Bill of Rights History
A
Added to Constitution 1971.
First 10 Ammendments.
Protects Freedoms from Government.
15
Q
Constitution as a Living Document
A
It can respond to the changing times.
Change means challenges to interpretation.
16
Q
Law Enforcement Ammendments
A
Fourth, Fifth, Sixth , Fourteenth.
17
Q
4th Ammendment
A
Prohibits unreasonable search and seizure.
18
Q
5th Ammendment
A
Double Jeopardy.
No Self Incrimination.
Required Due Process of Law.
19
Q
14th Ammendment
A
Privileges and Immunities.
Due Process.
Equal Protection.
Protects from both State and Federal.
20
Q
Statutory Law
A
Formal written enactment of the legislature which officially commands or prohibits conduct.
21
Q
Criminal Statutes
A
Prohibit certain conduct such as robbery, murder, rape, etc.
22
Q
Procedural Laws
A
Sets forth process that criminal courts must follow.
What can and cannot be done at trial.
Rules of Evidence.
Rules of Criminal Procedure.
23
Q
Rules of Evidence
A
Rules that control what evidence is actually presented and how/whether the court can consider certain evidence.
24
Q
Rules of Criminal Procedure
A
Sets forth how trials should be conducted.
25
Case Law
Interpreting statutes OR If no statute, determining what the law should be; opinions are legally binding.
26
Stare Decisis
Precedent set in one case should be followed in similar cases so that the law is consistent.
27
Precedent
A principle or rule established in a prior case.
28
Common Law
The body of law that develops through the accumulation of judicial decisions over time; opinions, case law.
29
Appellate Court
Decides if trial was done correctly.
30
3 Types of Crime
Felony.
Misdemeanor.
Offense.
31
Felony
Serious Crimes (murder, rape).
Lose right to vote and own guns.
Prison sentences 1 year - Death.
32
Misdemeanor
Less Serious Crimes (burgary, assault).
| Sentences: Probation,
33
Offense
```
Minor Violations (traffic, littering).
Usually ticket or fine.
```
34
General Features of a Crime
Actus Reus.
Mens Rea.
Concurrence.
35
Actus Reus
The Criminal Act:
Act that Violates Law.
Omission or Neglect.
Threat or Plan.
36
Mens Rea
```
Guilty Mind:
Purposeful/Intentional.
Knowing.
Reckless.
Negligent.
```
37
Concurrence
The guilty act and the guilty mind must occur together, at the same time.
38
First Degree
Purposeful or Intentional.
39
Second Degree
Knowing.
40
Third Degree
Manslaughter.
| Reckless.
41
Fourth Degree
Negligent.
42
Corpus Delecti
The facts that show a crime has occurred.
| "The body of the crime".
43
Elements of a Crime
Exact conditions necessary to constitute a certain crime set forth by criminal statutes.
All required elements must be present to convict.
44
Adversarial Process
One side against another, in contest, with a separate authority to ensure fairness.
Scored to determine the winner.
45
Prosecutor
```
Represents Government or "The People".
Conduit between law enforcement and courts.
Accepts/Declines Cases.
Consult/Guide/Strategy.
Present Preliminary Actions.
```
46
Investigator
```
Familiar with entire case.
Finds suspects.
Reviews evidence.
Investigates.
Works with prosecution.
```
47
Defense Attorney
Represents the accused.
| Ensure rights are protected.
48
Judge
Impartial third party who mediates between opposing sides of a case and makes sure all procedures are followed.
49
Trial Jury
A group of civilians randomly chosen and tasked to hear a case and decide the verdict.
50
Grand Jury
A large group of civilians randomly chosen and tasked to decide whether there is enough evidence to send a case to trial.
51
Bench Trial
Trial without a jury.
| Judge makes final decision.
52
Jury Trial
Adjudication.
| Petty offenders and misdemeanors often excluded.
53
Case Style
Criminal: Government v. Defendant.
Civil: Person v. Person.
54
Privately Retained Defense Attorney
Defendant selects and pays his own attorney.
55
Court-Appointed Defense Attorney
Court appoints attorney from those qualified in area.
| Paid by state funds according to fee schedule.
56
Public Defender
Government attorneys paid to represent defendants who cannot afford their own.
Paid on salary from the government.
57
Due Process
Fundamental Fairness.
| Gives individuals the right to be treated fairly and have a say in the judicial process.
58
Standards of Proof
```
Certainty.
Proof Beyond a Reasonable Doubt.
Clear and Convincing Evidence.
Probable Cause (51%).
Reasonable Suspicion.
No Information.
```
59
Probable Cause
The standard, requirement, or justification used by law enforcement to reasonably obtain warrants, information, and to make arrests.
"More likely than not".
60
Dual Court System
Separate Local and Federal court systems.
61
Court of Last Resort
The final court a case can be appealed to.
| Has the final say in any case.
62
Oklahoma Criminal Court Structure
```
26 Judicial Districts.
District Attorneys are elected.
2 Courts of Last Resort:
OK Supreme Court (Civil) .
OK Court of Criminal Appeals (Criminal).
```
63
Federal Criminal Court Structure
US Attorneys are appointed.
US District Courts (Trials).
US Circuit Courts (Intermediate Appeals).
US Supreme Court (Final Appeals).
64
Motions
Can be filed at any time to have evidence or statements be included or excluded from trial.
65
Suppression Hearing
Pre-trial hearing requested by defense to decide if evidence should be permitted in upcoming trial.
66
Interlocutory Appeal
Interim appeal; appeals a ruling by a trial court that is made before all claims are resolved to all parties.
Postpones trial until appeals court decides issue.
67
US Supreme Court Structure
9 Justices, 1 Chief Justice.
Nominated by President, confirmed by Senate.
Lengthy terms (30+ years)
Annual term 10 months (Oct. - July)
68
Certiorari
Request for court to consider a case.
69
Cert Granted
Agreement to review a case.
70
Rule of Four
4 Justices must agree the case is worthy of consideration to grant certiorari.
71
The Defense
Accused of the crime.
Innocent until proven guilty.
Show why they shouldn't be held liable.
72
The Prosecution
Represents the Government or "The People".
| Bears Burden of Proof.
73
Types of Defenses
Alibi.
Justification.
Excuse.
Procedural Defense.
74
Alibi Defense
Claims outright innocence.
Not at crime scene.
Best supported by witness documentation.
75
Justification Defense
Self Defense/Defense of Others.
Defense of Home or Property (Make my Day/Castle).
Necessity (to prevent greater harm).
76
Excuse Defense
```
Duress.
Age.
Mistake of Fact or Law.
Consent.
Insanity.
```
77
Procedural Defense
Failure to follow Rules of Criminal Procedure.
Statute of Limitations.
Speedy Trial Act.
78
Make My Day and Castle Laws
Allowed to defend oneself and use force if attacked.
79
Duress
Driven by circumstances or others to commit a crime.
80
Mistake of Fact or Law
Thought that one thing was something else.
| Didn't realize it was unlawful.
81
Consent
Victim Consents (common rape defense).
82
Insanity
Did not know what they were doing OR that what they were doing was wrong.
83
Steps of Criminal Justice System
Crime, Investigation, Arrest, Book, Initial Appearance, Preliminary Hearing, Bail or Detention, Pre-Trial Activities, Guilty Plea or Trial, Sentencing.
84
Statute of Limitations
Time limit to press charges.
Starts when crime is realized.
Murder and rape have no time limit.
85
Booking
```
Fingerprints.
Photographs.
Names.
Identifying Marks.
Etc.
```
86
Initial Appearance
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Within 48 Hours.
Identify Person.
Explain Rights.
Determine Representation.
Bail.
```
87
Preliminary Hearing
Probable cause that crime was committed/defendant guilty; discovery; looser rules than at a real trial.
88
Change of Venue
Moving a trial to remove prejudice from jury.
| Usually requested by defendant.
89
Change of Venire
Bringing in outside jurors to remove prejudice from jury.
90
Subpoena
An order from the court requiring a person to provide records and/or testimony.
Failure to comply results in contempt of court and a bench warrant.
91
Bench Warrant
Judge issues an arrest warrant for someone who fails to show up for court.
92
Material Witness Warrant
Those who do not want to testify and are a flight risk can be held pending their testimony.
93
Discovery
Sharing information and evidence between sides before trial.
94
Arraignment
First appearance by defendant before trial court.
| Enters a plea of guilty, not guilty, no contest.
95
Burden of Proof
Responsibility of the prosecution.
| Must prove there is enough evidence "beyond a reasonable doubt" to convict offender.
96
Direct Examination
Calling a witness to give relevant information through non-leading questions.
97
Cross-Examination
Opposing side challenges/questions a witness and may use leading questions.
98
Types of Examination Questions
Non-Leading Questions: Does not suggest an answer.
| Leading Questions: Suggests an answer.
99
Criminal Complaint
A formal charge filed by the prosecution.
100
Information
Formal written accusation filed by prosecutor based on outcome of preliminary hearing.
101
Indictment
Criminal charges returned by a grand jury after hearing evidence presented only by government prosecutors.
102
Trial by Jury Right Limitations
x
103
Jails
Jails hold offenders temporarily before trial or for sentences lasting less than a year.
104
Prisons
Long term/permanent confinement for those convicted of crimes; penitentiaries.
105
Probation
Conditions imposed to ensure good behavior.
Served in lieu of going to jail after trial.
If violated, jail time will be served.
106
Parole
Conditions imposed to ensure good behavior.
Denotes transition period between jail and freedom.
If violated, violator will be returned to prison.
107
Discovery
The process in which opposing sides share evidence and witnesses before a trial.
108
Types of Pleas
Guilty.
Not Guilty.
No Contest.
109
Guilty Plea
Admits to crime.
Often results in lesser sentence if cooperative.
Will not continue to trial.
110
Not Guilty Plea
Does not admit to crime.
| Case goes to trial.
111
No Contest Plea
Does not admit guilt, but does not contest charges.
112
Sixth Ammendment
Speedy Public Trial by Impartial Jury.
Informed of Accusations.
Confront Accusers .
Right to Counsel.
113
Eighth Ammendment
Cruel and Unusual Punishment.
| Excessive Bail.
114
Preliminary Actions
Search/Arrest Warrants.
Court Orders.
Subpoenas.
Etc.
115
Federal Court System
United States Attorneys w/ Assistants.
One Federal courthouse in each district.
3 in Oklahoma, 10th Circuit.
116
Defendant Appeals
Convictions.
Sentences (too harsh).
Allow/exclude Evidence.
117
Prosecution Appeals
Cannot Appeal Aquittal.
Appeal Sentence (too light).
Suppression of Evidence.
118
Investigation
Identify person responsible.
Build a prosecutable case.
Investigative Techniques.
119
Traditional Investigative Techniques
Standard.
Interview.
Surveillance.
Evidence.
120
Sophisticated Investigative Techniques
Involved/Complex.
Wiretaps.
GPS Trackers.
Undercover.
121
Legal Investigative Techniques
Search Warrants.
Arrest Warrants.
Grand Jury Subpoenas.
122
Plea Bargaining
The process of negotiating an agreement between the government and the accused.
123
Adjudication
Trial
124
At Risk Material Witnesses
Career criminals.
Fear of retaliation.
Relationship with accused.
Their own criminal involvement.
125
Evidentiary Foundation
Using a witness to lay the legal foundation for the admissibility of physical evidence or expert testimony.
126
Stipulate
Agree not to contest a fact.
127
Opening Statement/Argument
Prosecution goes first.
Not actually arguments.
Preview of position and what is to come.
128
Presentation of Witnesses and Evidence
Direct Examination.
Cross Examination.
Evidentiary Foundation.
129
Closing Statements/Arguments
These are arguments.
Each side summarizes their case.
Argues for how case should be decided.
Attack strength of opponent's case.
130
Jury Deliberation
Receives Jury Instructions from judge about what is needed to convict/applicable laws.
Are removed to decide on a verdict.
Returns and announces verdict.
131
Polling the Jury
Each juror is publicly asked to state how they voted and why.
132
Steps of a Criminal Trial
```
Opening Statements.
Presentation of Witnesses and Evidence.
Closing Statements.
Jury Deliberation.
Sentencing.
```
133
Sentencing
Jury decides Guilty or Not Guilty for each charge.
Generally verdict needs to be unanimous.
Judge imposes sentences.
134
Hung Jury
Jury disagrees and/or has no hope for a unanimous verdict.
| Trial must be redone with all new jurors.
135
Types of Sentences
```
Jail.
Fines.
Probation.
Community Service.
Combination of any of these.
```
136
Types of Probation/Parole Restrictions
```
Meet with P/P Officer.
Drug free.
No association with criminals.
Must become employed.
Crime free.
Travel restrictions.
Curfew.
```
137
Injustice
Guilty persons go free.
Innocent persons wrongfully convicted.
Victim and society confidence eroded.
138
Scales of Justice
Balancing individual liberties and public order.
| "Was it reasonable under the circumstances?"
139
"The Rule"
Witnesses cannot sit and listen to other witness's testimonies.
140
Probable Cause for Warrants
Facts and circumstances.
Evidence is found/present.
Evidence is there right now.
141
Probable Cause for Arrests
Crime occurred.
| Person likely to have committed crime.
