Exam #2 Key terms and cases

Question 1

chapter 6

Answer 1

police and law

Question 2

affidavit

Answer 2

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

Question 3

Arrest

Answer 3

the physical taking of a person into custody

Question 4

search

Answer 4

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

Question 5

plain view doctrine

Answer 5

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

Question 6

seizures

Answer 6

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

Question 7

stop

Answer 7

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

Question 8

reasonable suspicion

Answer 8

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

Question 9

probable cause

Answer 9

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

Question 10

stop-and-frisk- search

Answer 10

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

Question 11

exigent circumstances

Answer 11

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

Question 12

consent search

Answer 12

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

Question 13

inventory search

Answer 13

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

Question 14

“public safety” exception

Answer 14

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

Question 15

exclusionary rule

Answer 15

the principle that illegally obtained evidence must be excluded from trial

Question 16

“Good faith” exception

Answer 16

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

Question 17

“inevitable discovery” rule

Answer 17

Supreme Court ruling that improoperly obtained evidence can be used if it would be inevitably have been discovered by the police

Question 18

Tennessee v. Garner (1985)

Answer 18

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.

Question 19

Terry v. Ohio (1968)

Answer 19

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

Question 20

chimes v. california

Answer 20

Supreme Court decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested

Question 21

United States v. Drayton (2002)

Answer 21

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

Question 22

Miranda V. Arizona (1966)

Answer 22

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

Question 23

Mapp v. Ohio (1961)

Answer 23

supreme court decision that applied the exclusionary rule as the remedy for improper searches by state and local officials

Question 24

United States V. Leon (1984)

Answer 24

supreme court decision announcing the “good faith” exception to the exclusionary rule

Question 25

Nix V. Williams (1984)

Answer 25

legal decision in which the supreme court created the “inevitable discovery” exception to the exclusionary rule

Question 26

Coolidge v. New Hampshire (1971)

Answer 26

The jury found Coolidge guilty, and he was sentenced to life imprisonment. The New Hampshire Supreme Court affirmed the judgment of conviction,

Question 27

Cupp V. Murphy (1973)

Answer 27

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.

Question 28

chapter 7

Answer 28

courts and adjudication

Question 29

inquisitorial process

Answer 29

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

Question 30

jurisdiction

Answer 30

The geographic territory of legal boundaries within which control may be exercised; the range of a court’s authority

Question 31

trial courts limited jurisdication

Answer 31

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.

Question 32

trial courts of general jurisdiction

Answer 32

criminal courts with jurisdiction over all offenses, including felonies. in some states, these courts also hear appeals.

Question 33

appellate courts

Answer 33

courts that do not try criminal cases, but hear appeals of decisions of lower courts.

Question 34

problem-solving courts

Answer 34

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.

Question 35

accusatory process

Answer 35

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

Question 36

adjudication

Answer 36

The process of determining whether the defendant is guilty

Question 37

adversarial process

Answer 37

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

Question 38

assigned counsel

Answer 38

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

Question 39

contract counsel

Answer 39

An attorney in private practice who contracts with the government to represent all indigent

Question 40

count

Answer 40

each separate offense oh which a person is accused in an indictment or an information

Question 41

defense attorney

Answer 41

the lawyer who represents accused defendants and convicted offenders in their dealings with criminal justice

Question 42

discovery

Answer 42

A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial

Question 43

going rate

Answer 43

local court officials’ shared view of the appropriate sentence for a given offense, the defendant’s prior record, and other case characteristics