Test #2 Flashcards
Where was the first modern police force created in 1829?
London
What is the standard of proof in a criminal trial?
Beyond a reasonable doubt
Which Amendment contains the right against self-incrimination?
The 5th Amendment
A witness who testifies against the defendant is often given _______, meaning no information they disclose may be used against them.
Immunity
Voir dire is part of _______.
Jury selection
Verbal evidence by a witness under oath is called what?
Testimony
A special court that handles wills, estates, and guardianship of minors is called what?
Probate court
There are _______ Supreme Court Justices.
9
Which of the 4 functions of the courts emphasizes punishment and retribution?
Crime control function
In order to arrest a person, what must an officer have?
Probable Cause
What are the differences between a civil and criminal trial?
Here are a few:
- Crimes are typically offenses against the state and prosecuted by the state. Civil cases are typically disputes between individuals concerning legal responsibilities and duties, etc.
- The standard of proof. For a criminal trial it is “beyond a reasonable doubt.” For a civil trial, it is “preponderance of the evidence.”
- Punishment. Typically criminal sanctions are either prison or fines. Civil sanctions are typically just fines.
What is a person’s expectation of privacy, per the US Supreme Court?
Reasonable
Define 4 functions of the court.
Due process; crime control; rehabilitation; bureaucratic.
The most obvious contrast is between the due process and crime control functions. The former is mainly concerned with the procedural rules that allow each accused individual to have a “fair chance” against the government in a criminal proceeding. For crime control, the courts are supposed to impose enough “pain” on convicted criminals to deter criminal behavior. For the rehabilitation function, the courts serve as “doctors” who dispense “treatment.” In their bureaucratic function, courts are more concerned with speed and efficiency
Any physical or verbal evidence that police are able to obtain illegally is known as what?
Fruit of the Poisonous Tree Doctrine
Plea bargaining accounts for what percentage of convictions in state court?
94%
Defendants who plea bargain receive _______ sentences on average than those who go to trial and are convicted.
Lighter
An initial hearing in which a judge decides if there is probable cause to believe the defendant committed the crime is called what?
Preliminary Hearing