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Jlaw > FINALLLSSS > Flashcards

FINALLLSSS Flashcards

1
Q

8th Amendment

A

Bails, fines, punishment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

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2
Q

6th Amendment

A

Right to a fair trial: In all criminal prosecutions, the accused shall have the right to a speedy and fair trial in a state/district where crime occurred, impartial (unbiased) jury of your peers, can face your accuser, can get witnesses for your side, the right to counsel

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3
Q

5th Amendment

A

Rights in criminal cases: Indictment by a Grand Jury; no double jeopardy; can’t be forced to testify against yourself; cannot be deprived of life, liberty, or property without due process; no private property can be used as public w/o compensation

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4
Q

4th Amendment

A

Search and seizure: The right for citizens to be secure in their persons, houses, papers, and effects; protected against unreasonable searched and seizures; no warrants without probable cause

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5
Q

seizure

A

legal term for an arrest (person suspected of a crime is taken into custody)

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6
Q

duress

A

threat of harm made to compel person to do something against his or her will or judgement

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7
Q

corroborate

A

to confirm (usually a tip about a crime)

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8
Q

exclusionary rule

A

any evidence found through an illegal search cannot be used at a trial

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9
Q

affidavit

A

a sworn statement of facts and circumstance; typically filed by a policeman (and sometimes obtained from a witness)

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10
Q

self-incrimination

A

it involves the right to “plead the 5th” when being interrogated by the police; the Miranda decision protects those arrested for a crime against forcing someone to act as a witness against oneself

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11
Q

mistake of fact

A

a criminal defense that attempts to limit criminal liability on the ground that the defendant operated based on an incorrect assumption of fact rather than a criminal purpose: no men rea (no criminal intent to do harm)

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12
Q

probable cause

A

reasonable belief that a person has committed a crime

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13
Q

entrapment

A

a law enforcement agent induces (convinces) a person to commit a criminal offense that he would have otherwise been unlikely to commit

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14
Q

knock and announce

A

police can ignore this legal procedure when circumstances present a threat to the officers (or if evidence could be destroyed with advance notice)

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15
Q

sting operation

A

a deceptive but legal operation designed to catch a person committing a crime

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16
Q

fruit of the forbidden tree

A

evidence is excluded from a trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation

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17
Q

contraband

A

illegal items

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18
Q

assault

A

intentional offensive or harmful touching of another person without their consent

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19
Q

battery

A

an attempt to injure someone else; typically a direct act that would put a reasonable person in fear for his/her safety

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20
Q

marbury v madison

A

judicial review: the supreme court has the power to declare laws unconstitutional

21
Q

miranda v arizona

A

before questioning a suspect after an arrest, you must inform them of their rights, including their right to speak to an attorney

22
Q

brown v board of ed

A

separate but equal abolished

23
Q

obergefell v hodges

A

gay marriage is legal in the us

24
Q

gideon v wainwright

A

right to an attorney

25
Q

plessy v ferguson

A

separate but equal

26
Q

furman v georgia

A

death penalty is cruel and unnusual

27
Q

citizen’s united v fec

A

corporations have the same right as people, and money is speech

28
Q

scott v sanford

A

slaves are propety and have no rights

missouri compromise is unconstitutional

29
Q

schenck v us

A

placed limits on free speech

30
Q

collin v smith

A

allowed a Nazi group to march

31
Q

roe v wade

A

women have the right to an abortion

32
Q

plea bargain

A

agreements between defendants and prosecutors whose defendants agree to plead guilty in exchange for concessions from the prosecutors (typically a lesser charge)

33
Q

direct examination

A

questioning by the side that has called the witness

34
Q

charging the jury

A

judge reviews the following with the jury before allowing deliberation

  1. defendant is innocent until proven guilty
  2. burden of proof lies with the prosecution
  3. after considering all the evidence, if reasonable doubt exists the jury must acquit
35
Q

hearsay

A

this type of evidence is not permissible in court; a witness cannot introduce another’s words in court as evidence

36
Q

pretrial motion

A

maneuver where the defense attempts to have certain evidence suppressed

37
Q

opening statement

A

in this part of a trial, the prosecution explains the charge to the jury, describes the alleged crime, and provides a general outline of the state’s case

38
Q

arraignment

A

point in criminal proceedings where the defendant enters a plea (which is almost always not guilty)

39
Q

cross-examination

A

questioning by the side that did not call the witness

40
Q

redirect-examination

A

when the side that called a witness asks that witness further questions for the sake of clarification

41
Q

grand jury

A

this type of jury decides whether there is sufficient evidence to justify a criminal trial (protects against police harassment); typically made up of 16-23 people; can also inquire about any alleged crime

42
Q

venireman

A

a prospective juror

43
Q

general challenge

A

during jury selection, when an attorney believes that a prospective juror does not meet the legal qualifications to serve, she issues this type of challenge

44
Q

particular challenge

A

during jury selection, when an attorney believes that a venireman is biased in some way, she issues this type of challenge

45
Q

implied bias

A

type of bias that occurs when a prospective juror has a connection to someone on either the defense or prosecution

46
Q

actual bias

A

type of bias that occurs when a venireman has preconceived opinions about the defendant’s guilt or innocence

47
Q

peremptory challenge

A

when an attorney, according to her judgement, believes that a prospective juror will not be sympathetic to her case, she can issue a limited number of these challenges

48
Q

reversible error

A

an error by the judge, jury, or malfeasance (wrongdoing) by one of the trying attorneys, which results in an unfair trial

Jlaw (2 decks)

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