Exam 3.1 Flashcards
What is criminal law?
Body of law established to maintain peace and order, protecting society from harmful acts by other people
What is civil law?
Body of law that defines and decides the right of individuals to protect themselves and their property
What is the Bill of Rights?
First 10 amendments in the Constitution
What is the First Amendment?
- Religion
- Free speech
- Peaceful assembly
What is the Second Amendment?
Right to bear arms
What is the Fourth Amendment?
No unreasonable searches/seizures without a warrant
What are police searches and seizure?
Fourth Amendment
Police invade privacy of an individual to seek evidence, confiscating item(s) or detaining suspect
* Weapon
* Crime
* Contraband
What is the definition of search?
Fourth Amendment
Occurs when there is an infringement on the expectation of privacy that society has considered reasonable
What is the definition of seizure?
Fourth Amendment
(Property) Occurs when there is a meaningful interference with one’s possessions/property
What is probable cause?
Fourth Amendment
- Exists when facts/circumstances within an officer’s knowledge are sufficient enough to warrant the belief that someone has committed or is committing a crime
- Conclusion based on reasonably trustworthy information
What is reasonableness?
Fourth Amendment
What a “reasonable person” in similar circumstances, with similar information, might conclude
What is reasonable suspicion?
Fourth Amendment
When objective facts and logical conclusions are used as the reason for stopping and frisking someone
What is a warrant?
Fourth Amendment
- Written order issued by a judicial authority
- Authorizes police to take specific actions
What is the Plain View Doctrine?
Fourth Amendment
Allows an officer to seize an object if an incriminating object is seen in plain view
* Must be during legitimate stop
What is the Totality of Circumstances?
Fourth Amendment
Requires an officer to have a specified and objective basis for the suspicion that a person is/has been involved in criminal activity
When does an arrest occur?
Fourth Amendment
- Detained by authorized individual with intention of making an arrest
- Person being arrested understands the intention of detainment is for the purpose of being arrested
What is consent search?
Fourth Amendment
A search of someone’s person, belongings, vehicle, or home, in which the individual voluntarily waives his/her Fourth Amendment protection against unreasonable searches
What is the Fifth Amendment?
- Privilege against self-incrimination
- Right to jury trial
- Protection against double jeopardy
What is the Fourteenth Amendment?
- Right to due process
- Requirement that evidence of a crime must be presented in court, as long as it was obtained according to the rules
- Equal civil/legal rights to all U.S. natives (big step for African Americans)
What is the definition of due process in the Fourteenth Amendment?
No state can deprive any person of life, liberty, or property without due process of law
Why is the Fourteenth Amendment problematic for the police?
Police can operate more easily under a crime control model than a due process model
What is the Equal Protection clause?
Fourteenth Amendment
- Applies equal protection clause to the police
- Prevents both federal government and states from denying the law’s protection to any group of people based on race, religion, gender, etc.
What is the crime control model?
- Allows individuals who are known to be guilty of a crime to be arrested
- Swift, strict punishment for crimes
- Uniform approaches to reducing/preventing crime
What is the due process model?
Fourteenth Amendment
- Requires evidence of guilt in order for someone to be punished for a crime
- Evidence must be presented in court and obtained rightfully
- Enforces equal treatment of all persons accused of crime
- Imposes various restraints on police actions
