final CJ 101 Flashcards

1
Q

Who are the eyes and ears of the court?

A

Witnesses

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2
Q

What type of evidence of refers to eye witness accounts?

A

Direct Evidence

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3
Q

What type of evidence may “leave one to believe?”

A

Circumstantial Evidence

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4
Q

What type of evidence refers to physical evidence?

A

Real Evidence

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5
Q

True//False

Most evidence in a criminal trial will consists on the testimony of the witness.

A

True

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6
Q

What type of witness can draw conclusions or give opinions or draw conclusions in court?

A

Expert Witnesses

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7
Q

Men’s rea=

A

guilty mind

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8
Q

Actus reus=

A

refers to the act itself

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9
Q

example of entrapment?

A

drugs.. prosecutor has to prove in court

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10
Q

self defense?

A

cannot use deadly force against non-deadly force

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11
Q

duress?

A

claiming that you were forced to commit the crime

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12
Q

defense of consent?

A

rape case

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13
Q

defense of intoxication?

A

poor defense

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14
Q

insanity?

A

defense lawyer has to prove that he is insane

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15
Q

closing arguments?

A

review of evidence.. final sales pitch

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16
Q

jury charge?

A

heart of the system is the concept of reasonable doubt

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17
Q

hung-jury?

A

if you cant reach a verdict

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18
Q

retribution?

A

eye for an eye tooth for a tooth

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19
Q

incompasitation?

A

lock them up and throw away the keys

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20
Q

Gagnon v Scarpelli

A

probationers have a right or entitlement to try to remain n probation even though it is a priveledge

21
Q

4 people that have to be at the probation hearing?

A

judge, prosecutor, probationer, probation officer

22
Q

what part of the country has more people on death row than any other part?

A

south

23
Q

workhouses?

A

first types of prisons in England

24
Q

What was the first prison in the US?

A

walnut st jail, located in Philadelphia

25
Q

what are the three major problems in prison?

A

aids, mentally ill problems, geniatrics

26
Q

3 major types of prison?

A

max. security, medium security, min. security.

27
Q

medium security prison?

A

big on rehabilitation

28
Q

Arrest?

A
  • Most arrest occur without a warrant. Must have warrant within 48 hours.
  • summons citation-orders you to appear in court at a later date.
  • If you arrest someone, you do not have to read them their rights then unless you are fixing to interrogate them about the crime.
29
Q

Booking?

A

It is the official record of the arrest.

30
Q

Charging?

A
  • Prosecutor is the person who charges you for a crime.

* When a DA charges you, it sets in motion adjudication (Determines whether the defendant is guilty.)

31
Q

Initial Appearance Hearing?

A
  • Have to have it within 72 hours.
  • Amount of bail depends on crime or offense.
  • Prior record.
32
Q

4th Amendment

A

Protects us from unreasonable searches and seizures. This Amendment has had more impact on how police do their jobs. Normally police have to get a search warrant based on probable cause.

33
Q

5th Amendment

A

Protects against self-incrimination and double jeopardy

34
Q

6th Amendment

A

To a speedy trial and fair trial. Relates to everything involving a criminal trial.

35
Q

Miranda v. Arizona (5th)

A

If you arrest a person you must inform him of his rights prior to questioning.

36
Q

Weeks v. U.S. (4th)

A

“Exclusionary Rule” Pertains to illegally seized evidence used against you in court.

37
Q

Harris v. U.S.

A

“Plain view doctrine”

38
Q

Terry v. Ohio

A

“Reasonable Suspicion” Police officer can do what is called a stop and frisk if they have reasonable suspicion.

39
Q

8th Amendment

A

Cruel and Unusual Punishment.

40
Q

Before you transfer a case to adult court, you have to have a hearing.

A

Kent V US

41
Q

In Re Gault

A

follow due process

42
Q

In Re Winship

A

guilty beyond a reasonable doubt

43
Q

McKeiever v PA

A

do not have a cont. right to a jury that in juvenile court

44
Q

Breed v Jones

A

In Al. transfer a juvenile case to adult court at age 14

45
Q

chronic delinquent

A

arrested 5 or more times during juv. years

46
Q

Cooper v Pate

A

lawsuits

47
Q

Hudson v Palmer

A

search warrants

48
Q

Wolff v McDonnell

A

hearing