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
In the Phoenix Study regarding use of force, what was the best predictor of police use of force?
Suspect use of force
What can be determined through ballistics?
It can determine how far the shooter was from the target, and when run through the national firearms databases, it can find out which gun it was and it’s potential owner.
What’s the difference between a medical examiner and a coroner?
Medical examiners are licensed physicians, unlike coroners, and usually appointed rather than elected
What is forensic evidence?
The application of science to evidence-gathering.
What is the purpose of patrol?
To deter crime and maintain order.
Before any court can hear a case, it must have _______ over the persons in the case or its subject matter?
Jurisdiction
Criminal investigations that are not cleared after a certain amount of time are called what?
A cold case
The largest and most important nationwide DNA database by the FBI is called what?
CODIS
The Tennessee v. Garner case addresses which of the following use of force issues?
Fleeing felon rule
The policing philosophy that requires police to identify potential criminal activity and develop a strategy is called what?
Problem-oriented Policing
When a police officer accepts money or other forms of payment in exchange for favors is called what?
Bribery
The practice of targeting people for police action based solely on their race, ethnicity, or national origin is called what?
Racial profiling
Which Amendment is the legal basis for the Miranda warnings?
5th Amendment
The Supreme Court case that set the precedent for the definition of reasonable suspicion was what?
Terry v. Ohio
(True or False) A Miranda warning is not necessary when no questions are asked of the suspect.
True
(True or False) Most criminal cases conclude with a negotiated deal rather than a trial.
True
(True or False) The purposes of police patrols are to prevent and deter crime and also provide social services.
True
The application of science to establish facts and evidence during the investigation is called _______.
Forensics
_______ is evidence such as fingerprints, blood, or hair found in small amounts at a crime scene.
Trace evidence
A brief detention of a person by law enforcement agents for questioning is called what?
A stop
A pat down or minimal search of a person by police to discover weapons is called a _______.
Frisk
Taking a person into custody who is suspected of of criminal activity is called _______.
Arrest
A _______ is a written accusation that probable cause exists to believe that a named person has committed a crime.
Indictment
The _______ is a court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment and where the suspect may enter a plea.
Arraignment
When a defendant refuses to testify in court due to the fact that information may incriminate them, this is called _______.
Pleading the 5th
To be tried twice for the same crime is called _______.
Double Jeopardy
