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Criminal Justice > Final > Flashcards

Final Flashcards

0
Q

Define “reasonable”

A

No specific meaning provided by courts. Logical, fair, not in left field. Depends on individual and circumstance

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1
Q

4th Amendment (2 concepts)

A

Unreasonable search and seizures, requirement of probable cause to issue warrant

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2
Q

Terry v. Ohio

A

Cops are in unique position to make inferences and have a great deal of freedom in doing so

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3
Q

Reasonable suspicion

A

Facts that would lead a reasonable person to suspect the same thing

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4
Q

A stop

A

Briefly detained because of reasonable suspicion

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5
Q

A frisk

A

Pat down/ minimal search of outer clothing to discover weapons

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6
Q

Stop & Frisk

A

Limited search of outer clothing for weapons based on reasonable suspicion

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7
Q

Probable Cause

A

Would lead police officer to believe 1) a crime has been committed or location continues anyway

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8
Q

Totality of the Citcumstances

A

Suggests there is no single deciding factor

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9
Q

Sources of Probable cause

A

Personal Observation
Information
Evidence
associoan

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10
Q

Exclusionary Rule

A

Can’t use illegally obtained evidence(Fruit of the Poisoned Tree)

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11
Q

Exceptions to exclusionary rule

A

Inevitable discovery

Good Faith

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12
Q

Arrest

A

Officer believe crime has been or is being committed

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13
Q

Warrantless arrest okay if:

A

Misdemeanor committed in his presence; probable cause that crime happened

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14
Q

Rules of Warrantless Arrest in residence

A

Cannot force entry(barring exigent circumstances)

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15
Q

Warrants

A

Has the name/ crime. Needed if officer establishes probable causes

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16
Q

To enter dwelling w/ warrant:

A

Must knock/identify purpose(barring exigent circumstances)

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17
Q

To make arrest in 3rd party’s residence

A

Requires warrant(barring exigent circumstances)

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18
Q

Reasonable expectation of privacy

A

Must show they have reasonable expectation of privacy; expectation must be reasonable

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19
Q

Search Warrant Rule

A

All searches without warrants are illegal except: lawful arrest, exigent circumstances, plain view, consent, plain view, automobile, inventory, emergencies

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20
Q

Warrants must demonstrate:

A

Probable cause, and specific information on suspect and items

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21
Q

4 categories of items that can be seized:

A

1)Items resulting from crime 2)Items that are inherently illegal 3)evidence 4)Items used in committing crime (scope of search limited to size of object)

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22
Q

Warrants not needed to search:

A

With consent, automobiles, or plain view

23
Q

Electronic surveillance can only be used if:

A

Consent given or warrant given authorizing activity

24
Q

Miranda Warnings

A

Explain rights when person is under arrest

25
Q

Miranda Warnings not required when:

A

1)non-testimonial questions 2)question witnesses at scene 3)person volunteers info 4)suspect gives private statement to friend 5)2nd session 6)traffic stop

26
Q

Court legitimacy based on:

A

Impartiality; independence

27
Q

Due process function

A

Protect individual right

28
Q

Crime Control Function

A

Punishment/Repression of criminal conduct

29
Q

Rehabilitation function

A

Provide treatment for offenders when appropriate

30
Q

The Bureaucratic Function

A

Tasks associated with processing cases

31
Q

Jurisdiction

A

Authority of court to hear/decide cases. Set by law and limited by territory/type of case

32
Q

Types of jurisdiction

A

Geographic, International, Subject-matter

33
Q

Trial Courts

A

Have original jurisdiction; concerned with questions of fact

34
Q

Appellate courts

A

Review decisions of lower courts; concerned with questions of law

35
Q

Bench trial

A

Judge decides questions of fact and procedure

36
Q

Jury trial

A

Judge decides questions of procedure, jury decides questions of fact

37
Q

Fed/state court jurisdictions

A

Federal courts enforce federal statutes, State Courts enforce state statutes.

38
Q

Concurrent jurisdiction

A

Both courts have jurisdiction

39
Q

Michigan State Court System

A

District Court, Circuit Court, Michigan Court of Appeals, Michigan Supreme Court

40
Q

Michigan Circuit Court

A

Felony/civil cases over $25,000, appeals from district court; family/probate court.

41
Q

3 tiers of federal court

A

US District Court, US Court of Appeals(Michigan is 6th Federal Court of Appeals, United States Supreme Court(court of last resort)

42
Q

Writ of certiorari

A

How cases are selected

43
Q

2 ways Supreme Court makes policy

A

Judicial review, and interpretation of the law

44
Q

Judicial review

A

Whether a law or action by other branches of government is constitutional

45
Q

Interpretation of the law

A

Determines meaning of statutory provisions in specific situations

46
Q

How are federal court judges appointed?

A

Appointed by pres; approved by Senate

47
Q

How can state court judges be appointed?

A

Appointment, election or the Missouri Plan

48
Q

What is the Missouri Plan?

A

State court judge nominated by nonpartisan committee, selected by governed. Retention elections

49
Q

Duties of judges?

A

Negotiator, referee, teacher, administrator

50
Q

Duties of Judiciary?

A

Oversees court conduct, settles questions of evidence/procedures, guides questioning of witnesses, decides case when jury not used, decides sentence

51
Q

Courtroom work group

A

Judges, Prosecuters, defense attorneys, bailiffs, clerks of the court, court reporters

52
Q

Prosecutors have authority to decide:

A

Whether suspect will be charged, level of charges, and if and when to stop prosecution

53
Q

Federal level prosecution?

A

US attorney

54
Q

State Prosecutors

A

State/District/County/City Attorney; State Prosecutor

Criminal Justice (1 decks)

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