Exam #2 Key terms and cases Flashcards
to pass the test
chapter 6
police and law
affidavit
A written statement of fact, supported by oath or affirmation, submitted to judical officers to fulfill the requirements of probable cause for obtaining a warrant
Arrest
the physical taking of a person into custody
search
Government officials’ examination of and hunt for evidence on a person or in a place in a manner that intrudes on reasonable expectations of privacy
plain view doctrine
officers examine and use as evidence, without a warrant contraband or evidence that is in open view at a location where they are legally permitted to be
seizures
situations in which police officers use their authority to deprive people of their liberty or property and that must not be “unreasonable” according to the Fourth Amendment
stop
Government officials’ interference with an individual’s freedom of movement for a duration that typically lasts less than one hour and only rarely extends for as long as several hours
reasonable suspicion
A police officer’s belief, based pm articulable facts that would be recognized by others in a similar situation, that criminal activity is afoot and necessitates further investigation that will intrude on an individual’s reasonable expectation of privacy
probable cause
reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime
stop-and-frisk- search
limited search approved by the supreme court in Terry v. Ohio, which permits police officers to pat down the clothing of people on the street if there is reasonable suspicion of dangerous criminal activity
exigent circumstances
when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal porcedure
consent search
a permissible warrantless search a person, vehicle, home, or other location based on a person with proper authority or the reasonable appearance of proper authority voluntarily granting permission for the search to take place
inventory search
permissible warrantless search of a vehicle that has been “impounded” - meaning that it is in police custody - so that police can make a record of the items contained in the vehicle
“public safety” exception
exception to miranda requirements that permits police to immediately question a suspect in custody without providing any warnings, in public safety would be jeopardized by their taking the time to supply the warnings
exclusionary rule
the principle that illegally obtained evidence must be excluded from trial
“Good faith” exception
exception to the exclusionary rule that permits the use of improperly obtained evidence when police officers acted in honest reliance on a defective statute, a warrant improperly issued by a magistrate, or a consent to search by someone who lacked authority to give such permission
“inevitable discovery” rule
Supreme Court ruling that improoperly obtained evidence can be used if it would be inevitably have been discovered by the police
Tennessee v. Garner (1985)
deadly force may not be used against an unarmed and feeling suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.
Terry v. Ohio (1968)
Supreme Court decision endorsing police officers’ authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity
chimes v. california
Supreme Court decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested
United States v. Drayton (2002)
judicial decision declaring that police officers are not required to inform people of their right to decline to be searched when police ask for consent to search
Miranda V. Arizona (1966)
U.S Supreme Court decision declaring that suspects in custody must be informed of their rights to remain silent and to be represented during questioning
Mapp v. Ohio (1961)
supreme court decision that applied the exclusionary rule as the remedy for improper searches by state and local officials
United States V. Leon (1984)
supreme court decision announcing the “good faith” exception to the exclusionary rule
Nix V. Williams (1984)
legal decision in which the supreme court created the “inevitable discovery” exception to the exclusionary rule
Coolidge v. New Hampshire (1971)
The jury found Coolidge guilty, and he was sentenced to life imprisonment. The New Hampshire Supreme Court affirmed the judgment of conviction,
Cupp V. Murphy (1973)
the Court upheld a murder conviction notwithstanding a challenge that the evidence upon which guilt was based was obtained in violation of the Fourth and Fourteenth Amendments of the United States Constitution.
chapter 7
courts and adjudication
inquisitorial process
court process, employed In most countries of the world, in which the judge takes an active role takes an active role in investigaing the case and examining evidence by, for example, questioning witness
jurisdiction
The geographic territory of legal boundaries within which control may be exercised; the range of a court’s authority
trial courts limited jurisdication
crimminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. sometimes these courts hold felony trials that may result in penalties below a specific limit.
trial courts of general jurisdiction
criminal courts with jurisdiction over all offenses, including felonies. in some states, these courts also hear appeals.
appellate courts
courts that do not try criminal cases, but hear appeals of decisions of lower courts.
problem-solving courts
lower-level local courts dedicated to addressing particular social problems or troubled populations. examples of such courts include drug courts, domestic violence courts, and mental health courts.
accusatory process
The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information) with the court
adjudication
The process of determining whether the defendant is guilty
adversarial process
court process, employed in the United States and other former British colonies, in which lawyers for each side represents their clients’ best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants
assigned counsel
an attorney in private practice assigned by a court to represent an indigent defendant. The attorney’s fee is paid by the government with jurisdiction over the case
contract counsel
An attorney in private practice who contracts with the government to represent all indigent
count
each separate offense oh which a person is accused in an indictment or an information
defense attorney
the lawyer who represents accused defendants and convicted offenders in their dealings with criminal justice
discovery
A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial
going rate
local court officials’ shared view of the appropriate sentence for a given offense, the defendant’s prior record, and other case characteristics
