final CJ 101 Flashcards
Who are the eyes and ears of the court?
Witnesses
What type of evidence of refers to eye witness accounts?
Direct Evidence
What type of evidence may “leave one to believe?”
Circumstantial Evidence
What type of evidence refers to physical evidence?
Real Evidence
True//False
Most evidence in a criminal trial will consists on the testimony of the witness.
True
What type of witness can draw conclusions or give opinions or draw conclusions in court?
Expert Witnesses
Men’s rea=
guilty mind
Actus reus=
refers to the act itself
example of entrapment?
drugs.. prosecutor has to prove in court
self defense?
cannot use deadly force against non-deadly force
duress?
claiming that you were forced to commit the crime
defense of consent?
rape case
defense of intoxication?
poor defense
insanity?
defense lawyer has to prove that he is insane
closing arguments?
review of evidence.. final sales pitch
jury charge?
heart of the system is the concept of reasonable doubt
hung-jury?
if you cant reach a verdict
retribution?
eye for an eye tooth for a tooth
incompasitation?
lock them up and throw away the keys
Gagnon v Scarpelli
probationers have a right or entitlement to try to remain n probation even though it is a priveledge
4 people that have to be at the probation hearing?
judge, prosecutor, probationer, probation officer
what part of the country has more people on death row than any other part?
south
workhouses?
first types of prisons in England
What was the first prison in the US?
walnut st jail, located in Philadelphia
what are the three major problems in prison?
aids, mentally ill problems, geniatrics
3 major types of prison?
max. security, medium security, min. security.
medium security prison?
big on rehabilitation
Arrest?
- 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.
Booking?
It is the official record of the arrest.
Charging?
- 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.)
Initial Appearance Hearing?
- Have to have it within 72 hours.
- Amount of bail depends on crime or offense.
- Prior record.
4th Amendment
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.
5th Amendment
Protects against self-incrimination and double jeopardy
6th Amendment
To a speedy trial and fair trial. Relates to everything involving a criminal trial.
Miranda v. Arizona (5th)
If you arrest a person you must inform him of his rights prior to questioning.
Weeks v. U.S. (4th)
“Exclusionary Rule” Pertains to illegally seized evidence used against you in court.
Harris v. U.S.
“Plain view doctrine”
Terry v. Ohio
“Reasonable Suspicion” Police officer can do what is called a stop and frisk if they have reasonable suspicion.
8th Amendment
Cruel and Unusual Punishment.
Before you transfer a case to adult court, you have to have a hearing.
Kent V US
In Re Gault
follow due process
In Re Winship
guilty beyond a reasonable doubt
McKeiever v PA
do not have a cont. right to a jury that in juvenile court
Breed v Jones
In Al. transfer a juvenile case to adult court at age 14
chronic delinquent
arrested 5 or more times during juv. years
Cooper v Pate
lawsuits
Hudson v Palmer
search warrants
Wolff v McDonnell
hearing
