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Criminal Procedure > Exam 1 > Flashcards

Exam 1 Flashcards

1
Q

Administration of Justice

A

Process by which justice is administered.

Includes investigation, identification, apprehension, detention, prosecution, punishment, and rehabilitation.

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2
Q

3 Components in the Administration of Justice

A

Police.
Courts.
Corrections.

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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.

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4
Q

3 Types of Law Enforcement Agencies

A

Local.
State.
Federal.

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5
Q

Differentiate Local, State, and Federal Agencies

A

Different geographical jurisdictions.
Responsible for different types of laws.
Differs in scale.

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6
Q

Jurisdiction

A

The official power to make legal decisions and judgments.

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7
Q

Subject Matter Jurisdiction

A

Types of laws enforced.

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8
Q

Geographic Jurisdiction

A

Physical area within which one has jurisdiction.

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9
Q

Joint Jurisdiction

A

More than one agency has jurisdiction.

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10
Q

Centralized State Agencies

A

All divisions/departments are one agency.

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11
Q

Decentralized State Agencies

A

Division/departments are separate agencies.

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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.

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13
Q

3 Tiered Court Structure

A

Trial Courts.
Appellate Courts.
State Supreme Courts.

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14
Q

Bill of Rights History

A

Added to Constitution 1971.
First 10 Ammendments.
Protects Freedoms from Government.

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15
Q

Constitution as a Living Document

A

It can respond to the changing times.

Change means challenges to interpretation.

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16
Q

Law Enforcement Ammendments

A

Fourth, Fifth, Sixth , Fourteenth.

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17
Q

4th Ammendment

A

Prohibits unreasonable search and seizure.

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18
Q

5th Ammendment

A

Double Jeopardy.
No Self Incrimination.
Required Due Process of Law.

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19
Q

14th Ammendment

A

Privileges and Immunities.
Due Process.
Equal Protection.
Protects from both State and Federal.

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20
Q

Statutory Law

A

Formal written enactment of the legislature which officially commands or prohibits conduct.

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21
Q

Criminal Statutes

A

Prohibit certain conduct such as robbery, murder, rape, etc.

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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.

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23
Q

Rules of Evidence

A

Rules that control what evidence is actually presented and how/whether the court can consider certain evidence.

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24
Q

Rules of Criminal Procedure

A

Sets forth how trials should be conducted.

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25
Q

Case Law

A

Interpreting statutes OR If no statute, determining what the law should be; opinions are legally binding.

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26
Q

Stare Decisis

A

Precedent set in one case should be followed in similar cases so that the law is consistent.

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27
Q

Precedent

A

A principle or rule established in a prior case.

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28
Q

Common Law

A

The body of law that develops through the accumulation of judicial decisions over time; opinions, case law.

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29
Q

Appellate Court

A

Decides if trial was done correctly.

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30
Q

3 Types of Crime

A

Felony.
Misdemeanor.
Offense.

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31
Q

Felony

A

Serious Crimes (murder, rape).
Lose right to vote and own guns.
Prison sentences 1 year - Death.

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32
Q

Misdemeanor

A

Less Serious Crimes (burgary, assault).

Sentences: Probation,

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33
Q

Offense

A 
Minor Violations (traffic, littering).
Usually ticket or fine.
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34
Q

General Features of a Crime

A

Actus Reus.
Mens Rea.
Concurrence.

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35
Q

Actus Reus

A

The Criminal Act:
Act that Violates Law.
Omission or Neglect.
Threat or Plan.

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36
Q

Mens Rea

A 
Guilty Mind:
Purposeful/Intentional.
Knowing.
Reckless.
Negligent.
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37
Q

Concurrence

A

The guilty act and the guilty mind must occur together, at the same time.

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38
Q

First Degree

A

Purposeful or Intentional.

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39
Q

Second Degree

A

Knowing.

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40
Q

Third Degree

A

Manslaughter.

Reckless.

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41
Q

Fourth Degree

A

Negligent.

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42
Q

Corpus Delecti

A

The facts that show a crime has occurred.

“The body of the crime”.

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43
Q

Elements of a Crime

A

Exact conditions necessary to constitute a certain crime set forth by criminal statutes.
All required elements must be present to convict.

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44
Q

Adversarial Process

A

One side against another, in contest, with a separate authority to ensure fairness.
Scored to determine the winner.

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45
Q

Prosecutor

A 
Represents Government or "The People".
Conduit between law enforcement and courts.
Accepts/Declines Cases.
Consult/Guide/Strategy.
Present Preliminary Actions.
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46
Q

Investigator

A 
Familiar with entire case.
Finds suspects.
Reviews evidence.
Investigates.
Works with prosecution.
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47
Q

Defense Attorney

A

Represents the accused.

Ensure rights are protected.

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48
Q

Judge

A

Impartial third party who mediates between opposing sides of a case and makes sure all procedures are followed.

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49
Q

Trial Jury

A

A group of civilians randomly chosen and tasked to hear a case and decide the verdict.

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50
Q

Grand Jury

A

A large group of civilians randomly chosen and tasked to decide whether there is enough evidence to send a case to trial.

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51
Q

Bench Trial

A

Trial without a jury.

Judge makes final decision.

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52
Q

Jury Trial

A

Adjudication.

Petty offenders and misdemeanors often excluded.

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53
Q

Case Style

A

Criminal: Government v. Defendant.
Civil: Person v. Person.

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54
Q

Privately Retained Defense Attorney

A

Defendant selects and pays his own attorney.

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55
Q

Court-Appointed Defense Attorney

A

Court appoints attorney from those qualified in area.

Paid by state funds according to fee schedule.

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56
Q

Public Defender

A

Government attorneys paid to represent defendants who cannot afford their own.
Paid on salary from the government.

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57
Q

Due Process

A

Fundamental Fairness.

Gives individuals the right to be treated fairly and have a say in the judicial process.

58
Q

Standards of Proof

A 
Certainty.
Proof Beyond a Reasonable Doubt.
Clear and Convincing Evidence.
Probable Cause (51%).
Reasonable Suspicion.
No Information.
59
Q

Probable Cause

A

The standard, requirement, or justification used by law enforcement to reasonably obtain warrants, information, and to make arrests.
“More likely than not”.

60
Q

Dual Court System

A

Separate Local and Federal court systems.

61
Q

Court of Last Resort

A

The final court a case can be appealed to.

Has the final say in any case.

62
Q

Oklahoma Criminal Court Structure

A 
26 Judicial Districts.
District Attorneys are elected.
2 Courts of Last Resort:
OK Supreme Court (Civil) .
OK Court of Criminal Appeals (Criminal).
63
Q

Federal Criminal Court Structure

A

US Attorneys are appointed.
US District Courts (Trials).
US Circuit Courts (Intermediate Appeals).
US Supreme Court (Final Appeals).

64
Q

Motions

A

Can be filed at any time to have evidence or statements be included or excluded from trial.

65
Q

Suppression Hearing

A

Pre-trial hearing requested by defense to decide if evidence should be permitted in upcoming trial.

66
Q

Interlocutory Appeal

A

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
Q

US Supreme Court Structure

A

9 Justices, 1 Chief Justice.
Nominated by President, confirmed by Senate.
Lengthy terms (30+ years)
Annual term 10 months (Oct. - July)

68
Q

Certiorari

A

Request for court to consider a case.

69
Q

Cert Granted

A

Agreement to review a case.

70
Q

Rule of Four

A

4 Justices must agree the case is worthy of consideration to grant certiorari.

71
Q

The Defense

A

Accused of the crime.
Innocent until proven guilty.
Show why they shouldn’t be held liable.

72
Q

The Prosecution

A

Represents the Government or “The People”.

Bears Burden of Proof.

73
Q

Types of Defenses

A

Alibi.
Justification.
Excuse.
Procedural Defense.

74
Q

Alibi Defense

A

Claims outright innocence.
Not at crime scene.
Best supported by witness documentation.

75
Q

Justification Defense

A

Self Defense/Defense of Others.
Defense of Home or Property (Make my Day/Castle).
Necessity (to prevent greater harm).

76
Q

Excuse Defense

A 
Duress.
Age.
Mistake of Fact or Law.
Consent.
Insanity.
77
Q

Procedural Defense

A

Failure to follow Rules of Criminal Procedure.
Statute of Limitations.
Speedy Trial Act.

78
Q

Make My Day and Castle Laws

A

Allowed to defend oneself and use force if attacked.

79
Q

Duress

A

Driven by circumstances or others to commit a crime.

80
Q

Mistake of Fact or Law

A

Thought that one thing was something else.

Didn’t realize it was unlawful.

81
Q

Consent

A

Victim Consents (common rape defense).

82
Q

Insanity

A

Did not know what they were doing OR that what they were doing was wrong.

83
Q

Steps of Criminal Justice System

A

Crime, Investigation, Arrest, Book, Initial Appearance, Preliminary Hearing, Bail or Detention, Pre-Trial Activities, Guilty Plea or Trial, Sentencing.

84
Q

Statute of Limitations

A

Time limit to press charges.
Starts when crime is realized.
Murder and rape have no time limit.

85
Q

Booking

A 
Fingerprints.
Photographs.
Names.
Identifying Marks.
Etc.
86
Q

Initial Appearance

A 
Within 48 Hours.
Identify Person.
Explain Rights.
Determine Representation.
Bail.
87
Q

Preliminary Hearing

A

Probable cause that crime was committed/defendant guilty; discovery; looser rules than at a real trial.

88
Q

Change of Venue

A

Moving a trial to remove prejudice from jury.

Usually requested by defendant.

89
Q

Change of Venire

A

Bringing in outside jurors to remove prejudice from jury.

90
Q

Subpoena

A

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
Q

Bench Warrant

A

Judge issues an arrest warrant for someone who fails to show up for court.

92
Q

Material Witness Warrant

A

Those who do not want to testify and are a flight risk can be held pending their testimony.

93
Q

Discovery

A

Sharing information and evidence between sides before trial.

94
Q

Arraignment

A

First appearance by defendant before trial court.

Enters a plea of guilty, not guilty, no contest.

95
Q

Burden of Proof

A

Responsibility of the prosecution.

Must prove there is enough evidence “beyond a reasonable doubt” to convict offender.

96
Q

Direct Examination

A

Calling a witness to give relevant information through non-leading questions.

97
Q

Cross-Examination

A

Opposing side challenges/questions a witness and may use leading questions.

98
Q

Types of Examination Questions

A

Non-Leading Questions: Does not suggest an answer.

Leading Questions: Suggests an answer.

99
Q

Criminal Complaint

A

A formal charge filed by the prosecution.

100
Q

Information

A

Formal written accusation filed by prosecutor based on outcome of preliminary hearing.

101
Q

Indictment

A

Criminal charges returned by a grand jury after hearing evidence presented only by government prosecutors.

102
Q

Trial by Jury Right Limitations

A

x

103
Q

Jails

A

Jails hold offenders temporarily before trial or for sentences lasting less than a year.

104
Q

Prisons

A

Long term/permanent confinement for those convicted of crimes; penitentiaries.

105
Q

Probation

A

Conditions imposed to ensure good behavior.
Served in lieu of going to jail after trial.
If violated, jail time will be served.

106
Q

Parole

A

Conditions imposed to ensure good behavior.
Denotes transition period between jail and freedom.
If violated, violator will be returned to prison.

107
Q

Discovery

A

The process in which opposing sides share evidence and witnesses before a trial.

108
Q

Types of Pleas

A

Guilty.
Not Guilty.
No Contest.

109
Q

Guilty Plea

A

Admits to crime.
Often results in lesser sentence if cooperative.
Will not continue to trial.

110
Q

Not Guilty Plea

A

Does not admit to crime.

Case goes to trial.

111
Q

No Contest Plea

A

Does not admit guilt, but does not contest charges.

112
Q

Sixth Ammendment

A

Speedy Public Trial by Impartial Jury.
Informed of Accusations.
Confront Accusers .
Right to Counsel.

113
Q

Eighth Ammendment

A

Cruel and Unusual Punishment.

Excessive Bail.

114
Q

Preliminary Actions

A

Search/Arrest Warrants.
Court Orders.
Subpoenas.
Etc.

115
Q

Federal Court System

A

United States Attorneys w/ Assistants.
One Federal courthouse in each district.
3 in Oklahoma, 10th Circuit.

116
Q

Defendant Appeals

A

Convictions.
Sentences (too harsh).
Allow/exclude Evidence.

117
Q

Prosecution Appeals

A

Cannot Appeal Aquittal.
Appeal Sentence (too light).
Suppression of Evidence.

118
Q

Investigation

A

Identify person responsible.
Build a prosecutable case.
Investigative Techniques.

119
Q

Traditional Investigative Techniques

A

Standard.
Interview.
Surveillance.
Evidence.

120
Q

Sophisticated Investigative Techniques

A

Involved/Complex.
Wiretaps.
GPS Trackers.
Undercover.

121
Q

Legal Investigative Techniques

A

Search Warrants.
Arrest Warrants.
Grand Jury Subpoenas.

122
Q

Plea Bargaining

A

The process of negotiating an agreement between the government and the accused.

123
Q

Adjudication

A

Trial

124
Q

At Risk Material Witnesses

A

Career criminals.
Fear of retaliation.
Relationship with accused.
Their own criminal involvement.

125
Q

Evidentiary Foundation

A

Using a witness to lay the legal foundation for the admissibility of physical evidence or expert testimony.

126
Q

Stipulate

A

Agree not to contest a fact.

127
Q

Opening Statement/Argument

A

Prosecution goes first.
Not actually arguments.
Preview of position and what is to come.

128
Q

Presentation of Witnesses and Evidence

A

Direct Examination.
Cross Examination.
Evidentiary Foundation.

129
Q

Closing Statements/Arguments

A

These are arguments.
Each side summarizes their case.
Argues for how case should be decided.
Attack strength of opponent’s case.

130
Q

Jury Deliberation

A

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
Q

Polling the Jury

A

Each juror is publicly asked to state how they voted and why.

132
Q

Steps of a Criminal Trial

A 
Opening Statements.
Presentation of Witnesses and Evidence.
Closing Statements.
Jury Deliberation.
Sentencing.
133
Q

Sentencing

A

Jury decides Guilty or Not Guilty for each charge.
Generally verdict needs to be unanimous.
Judge imposes sentences.

134
Q

Hung Jury

A

Jury disagrees and/or has no hope for a unanimous verdict.

Trial must be redone with all new jurors.

135
Q

Types of Sentences

A 
Jail.
Fines.
Probation.
Community Service.
Combination of any of these.
136
Q

Types of Probation/Parole Restrictions

A 
Meet with P/P Officer.
Drug free.
No association with criminals.
Must become employed.
Crime free.
Travel restrictions.
Curfew.
137
Q

Injustice

A

Guilty persons go free.
Innocent persons wrongfully convicted.
Victim and society confidence eroded.

138
Q

Scales of Justice

A

Balancing individual liberties and public order.

“Was it reasonable under the circumstances?”

139
Q

“The Rule”

A

Witnesses cannot sit and listen to other witness’s testimonies.

140
Q

Probable Cause for Warrants

A

Facts and circumstances.
Evidence is found/present.
Evidence is there right now.

141
Q

Probable Cause for Arrests

A

Crime occurred.

Person likely to have committed crime.

Criminal Procedure (3 decks)

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