Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law Education > unit three test review > Flashcards

unit three test review Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

arrest

A

person suspected of a crime is taken into custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

arrest warrant

A

court order commanding that the person named in it be taken into custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

probable cause

A

having a reasonable belief that a specific person has committed a crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

drug courier profile

A

helps to establish probable cause for arrest, commonly held notions concerning typical age, race, appearance, etc of drug couriers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

reasonable suspicion

A

based on even less suspicion than probable cause for arrest, but more than a hunch.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

exclusionary rule

A

evidence seized in an unlawful search cannot be used in trial. (exceptions: inevitability-evidence would eventually be obtained legally, good faith-police officer acted in good faith when obtaining the evidence)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

search warrant

A

court order, obtained from a judge who believes there is a bona fide (genuine) need to search person/ place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

affadavit

A

sworn statement of facts/circumstances that provide the probable cause to believe that a search is justified

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

interrogate

A

standard police procedure to question the arrested. usually results in admissions of guilt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

self incrimination

A

suspect has a right to remain silent, cannot be forced to testify against themselves at trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

custodial interrogation

A

person is in custody, not free to leave, and is being questioned by police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

booking

A

formal process of making a police record of the arrest. accused is asked to provide name, address, DOB, place of employment, and any previous arrest details

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

arraignment

A

reading of a criminal charging document in the presence of the defendant, to inform of all charges against them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

bail/pretrial release

A

judge will consider how likely the person is to show up for trial and if person is a danger. you put up by money/property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

personal recognizance

A

the defendant must promise to return and must be considered a low risk of failing to show up for trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

information (prosecutor’s information)

A

details the nature/circumstances of the charge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

preliminary hearing

A

screening process used in felony cases to determine if there is enough evidence to require the defendant to stand at trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

grand jury

A

16-23 people who must determine whether there is sufficient cause to believe a person has committed a crime and should stand trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

indictment

A

formal charge of criminal action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

nolo contendere

A

plea where the defendant does not admit guilt but does not contest the charges equivalent to pleading guilty. cannot be used as evidence against them in later civil cases

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

due process

A

fair procedures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

voir dire

A

lawyers select certain jurors to hear a case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

for cause challenge

A

potential juror can be removed for a specific reason

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

peremptory challenge

A

do not have to based on a specific reason

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

subpoena

A

a court order requiring a witness to appear in court to testify

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

contempt of court

A

a judge has the power to remove the defendant from the courtroom, or in extreme cases, have the defendant bound and gagged

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

immunity

A

a witness cannot be prosecuted based on information provided in testimony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

double jeoprady

A

a defendant cannot be prosecuted a second time for the same offense after acquittal/conviction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

mistrial

A

ask the judge to set aside the jury’s verdict and declare this. seldom successful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

petitioner (or appellant)

A

must convince the appeals court that there were serious errors of law made at the original trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

writ of habeas corpus

A

means “to produce the body” claims that the defendant is being held illegally and requests release

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

pre-sentence report

A

all the information about the case and person on trial, given to judge by prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

parole

A

release from prison before the full sentence has been served, granted at the discretion of the parole board

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

aggravating circumstances

A

factors that might increase the seriousness of an offense, crime was cruel, induced others, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

mitigating circumstances

A

factors that may lessen the seriousness of an offense, clean criminal record, aided police in capture of others involved in crime, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

suspended sentence

A

sentence is given but doesn’t have to be served at the time imposed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

probation

A

modification of your freedom, be employed, drug free, limited travel, assigned a probation officer.

38
Q

home confinement

A

serves sentence at home, can only leave for work, etc. electronic monitoring

39
Q

fine

A

pay a court fine

40
Q

restitution

A

required to pay back, community service, etc, can be combine with other options.

41
Q

work release

A

work in community, but required to return to prison at night/weekends

42
Q

imprisonment

A

sentenced to a time in jail/prison

43
Q

death penalty

A

capital punishment

44
Q

retribution

A

be responsible

45
Q

deterrence

A

how much does our law deter criminals

46
Q

rehabilitation

A

helping the convicted change their behavior

47
Q

incapacitation

A

physically separating the criminal from society for other’s safety

48
Q

how did the outcome of furman v georgia impact capital punishment in the US?

A

stats rewrote capital punishment laws in 1976, courts ruled these were constitutional as long as aggravating and mitigating circumstances were considered.

49
Q

difference between prisons and jails

A

jails are operated by cities/counties, mental patients, detain people awaiting trial. Prisons are operated by federal/ state government. serious offenders.

50
Q

rights criminals have while behind bars

A

freedom from cruel/unusual punishment, freedom to practice faith, right to due process, right to medical treatment if ill, right to access law libraries and courts.

51
Q

major reason for prison overcrowding

A

get tough on crime policy, cost of expanding existing prisons

52
Q

if a defendant waives their right to a jury trial, who will hear their case?

A

a judge will-bench trial

53
Q

minimum amount of jurors the Supreme Court requires jury trials to have

A

6 jurors

54
Q

how does the government guarantee a defendant’s right to a speedy trial?

A

set time limits on how long trials can last

55
Q

constitutional rights of the accused

A

right to remain silent, speedy and public trial, right to an attorney, freedom from cruel and unusual punishment

56
Q

under what circumstances can people be forced to testify against themselves

A

The 5th amendment insures they can’t

57
Q

how did the Supreme Court extend, in 1972, its own ruling in Gideon V Wainwright? (1963)

A

extended the right to counsel to all felony defendants, whether in state or federal court

58
Q

pre trial motions

A

motion to dismiss the trial (made by defense attorney
motion to suppress evidence (obtained illegally)
motion of discovery of evidence (judge has to approve)
motion of a continuance (need more time, either side can ask)
motion for a change of venue (changing where trial is held, county to county, state to state, typically due to community opinion)

59
Q

positives for plea bargaining (government)

A

requires less time, helps lawyers manage case load, concentrate on more serious cases, prosecutor get victory, justice is served

60
Q

positives for plea bargaining (defendant)

A

lesser charge, reduced costs, requires less trial time

61
Q

negatives for plea bargaining (government)

A

should be forced to prove beyond a reasonable doubt at trial

62
Q

negatives for plea bargaining (defendant)

A

rights are being overlooked, defendants with court-appointed attorneys could be at a disadvantage

63
Q

parens patriae

A

means “parent of his country” allows the government to take care of minors and others who cannot legally take care of themselves

64
Q

what two approaches or philosophies have guided the juvenile justice system since 1899

A

rehabilitation (humanitarian) also used in adult court
punishment (control)

65
Q

delinquent offenders

A

actions by a juvenile would be considered a crime if they were adults

66
Q

status offenders

A

actions would not be criminal if committed by an adult. beyond the control of their legal guardians, habitually disobedient, truant from school

67
Q

neglected/abused children

A

need protection from parents in some way

68
Q

juvenile waiver

A

move juvenile cases to adult court

69
Q

statutory exclusion

A

certain juvenile offense automatically transferred

70
Q

direct file

A

prosecutors have discretion to file charges against juveniles in adult criminal court

71
Q

parental responsibility

A

statutes in which parents are held accountable and may be prosecuted for crimes committed by their children

72
Q

contributing to the delinquency of a minor

A

the act, by an adult, of aiding/encouraging illegal or improper conduct by a minor (ex: serving alcohol to minors)

73
Q

rights juveniles have

A

notification of charges against them
right to an attorney
right to confront/cross examine witnesses
right to remain silent

74
Q

why did the supreme court rule against juveniles having a jury trial

A

expressed concern that jury trials could hurt juveniles by destroying the privacy of juvenile hearings

75
Q

intake (dismissal, diversion, transfer)

A

informal process of deciding if juvenile is referred to juvenile court

76
Q

initial (or detention) hearing

A

prove offense was committed, reasonable cause, preventative detention

77
Q

adjudicatory hearing (trial)

A

determine facts of the case, closed to the public, no jury trials, names withheld, right to an attorney

78
Q

dispositional hearing (sentencing)

A

probation, fines, community service, restitution commitment to juvenile facility

79
Q

post dispositional (appeals)

A

deciding what sentence the offender should receive

80
Q

aftercare (parole)

A

supervision by a parole officer. counsels on education, jobs, etc.

81
Q

expunged

A

destroyed when juvenile turns 18/21

82
Q

criticisms of juvenile correctional facilities

A

overcrowding, over representation of minority groups, lack of safety, due process/healthcare

83
Q

what do juvenile justice reformers see as the goal of the juvenile justice system?

A

community protection, accountability, develop life skills

84
Q

arraignment

A

court session by which a defendant is charged and enters a plea. for misdemeanors, it is the same as an initial appearance

85
Q

pre trial motions

A

document by which a party asks the judge to make a decision before the trial

86
Q

plea bargaining

A

negotiations between the prosecutor and defense for defendant to plead guilty in exchange for a lesser charge. occurs in 90% of criminal cases

87
Q

trial

A

process of determining guilt

88
Q

verdict

A

jury/judge makes a decision on a case

89
Q

sentencing

A

giving out punishment for a crime

90
Q

imprisonment

A

placed in jail for crime

Law Education (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions