unit three test review Flashcards
arrest
person suspected of a crime is taken into custody
arrest warrant
court order commanding that the person named in it be taken into custody
probable cause
having a reasonable belief that a specific person has committed a crime
drug courier profile
helps to establish probable cause for arrest, commonly held notions concerning typical age, race, appearance, etc of drug couriers
reasonable suspicion
based on even less suspicion than probable cause for arrest, but more than a hunch.
exclusionary rule
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)
search warrant
court order, obtained from a judge who believes there is a bona fide (genuine) need to search person/ place
affadavit
sworn statement of facts/circumstances that provide the probable cause to believe that a search is justified
interrogate
standard police procedure to question the arrested. usually results in admissions of guilt
self incrimination
suspect has a right to remain silent, cannot be forced to testify against themselves at trial
custodial interrogation
person is in custody, not free to leave, and is being questioned by police
booking
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
arraignment
reading of a criminal charging document in the presence of the defendant, to inform of all charges against them
bail/pretrial release
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.
personal recognizance
the defendant must promise to return and must be considered a low risk of failing to show up for trial
information (prosecutor’s information)
details the nature/circumstances of the charge
preliminary hearing
screening process used in felony cases to determine if there is enough evidence to require the defendant to stand at trial
grand jury
16-23 people who must determine whether there is sufficient cause to believe a person has committed a crime and should stand trial
indictment
formal charge of criminal action
nolo contendere
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
due process
fair procedures
voir dire
lawyers select certain jurors to hear a case
for cause challenge
potential juror can be removed for a specific reason
peremptory challenge
do not have to based on a specific reason
subpoena
a court order requiring a witness to appear in court to testify
contempt of court
a judge has the power to remove the defendant from the courtroom, or in extreme cases, have the defendant bound and gagged
immunity
a witness cannot be prosecuted based on information provided in testimony
double jeoprady
a defendant cannot be prosecuted a second time for the same offense after acquittal/conviction
mistrial
ask the judge to set aside the jury’s verdict and declare this. seldom successful
petitioner (or appellant)
must convince the appeals court that there were serious errors of law made at the original trial
writ of habeas corpus
means “to produce the body” claims that the defendant is being held illegally and requests release
pre-sentence report
all the information about the case and person on trial, given to judge by prosecution
parole
release from prison before the full sentence has been served, granted at the discretion of the parole board
aggravating circumstances
factors that might increase the seriousness of an offense, crime was cruel, induced others, etc.
mitigating circumstances
factors that may lessen the seriousness of an offense, clean criminal record, aided police in capture of others involved in crime, etc.
suspended sentence
sentence is given but doesn’t have to be served at the time imposed
probation
modification of your freedom, be employed, drug free, limited travel, assigned a probation officer.
home confinement
serves sentence at home, can only leave for work, etc. electronic monitoring
fine
pay a court fine
restitution
required to pay back, community service, etc, can be combine with other options.
work release
work in community, but required to return to prison at night/weekends
imprisonment
sentenced to a time in jail/prison
death penalty
capital punishment
retribution
be responsible
deterrence
how much does our law deter criminals
rehabilitation
helping the convicted change their behavior
incapacitation
physically separating the criminal from society for other’s safety
how did the outcome of furman v georgia impact capital punishment in the US?
stats rewrote capital punishment laws in 1976, courts ruled these were constitutional as long as aggravating and mitigating circumstances were considered.
difference between prisons and jails
jails are operated by cities/counties, mental patients, detain people awaiting trial. Prisons are operated by federal/ state government. serious offenders.
rights criminals have while behind bars
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.
major reason for prison overcrowding
get tough on crime policy, cost of expanding existing prisons
if a defendant waives their right to a jury trial, who will hear their case?
a judge will-bench trial
minimum amount of jurors the Supreme Court requires jury trials to have
6 jurors
how does the government guarantee a defendant’s right to a speedy trial?
set time limits on how long trials can last
constitutional rights of the accused
right to remain silent, speedy and public trial, right to an attorney, freedom from cruel and unusual punishment
under what circumstances can people be forced to testify against themselves
The 5th amendment insures they can’t
how did the Supreme Court extend, in 1972, its own ruling in Gideon V Wainwright? (1963)
extended the right to counsel to all felony defendants, whether in state or federal court
pre trial motions
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)
positives for plea bargaining (government)
requires less time, helps lawyers manage case load, concentrate on more serious cases, prosecutor get victory, justice is served
positives for plea bargaining (defendant)
lesser charge, reduced costs, requires less trial time
negatives for plea bargaining (government)
should be forced to prove beyond a reasonable doubt at trial
negatives for plea bargaining (defendant)
rights are being overlooked, defendants with court-appointed attorneys could be at a disadvantage
parens patriae
means “parent of his country” allows the government to take care of minors and others who cannot legally take care of themselves
what two approaches or philosophies have guided the juvenile justice system since 1899
rehabilitation (humanitarian) also used in adult court
punishment (control)
delinquent offenders
actions by a juvenile would be considered a crime if they were adults
status offenders
actions would not be criminal if committed by an adult. beyond the control of their legal guardians, habitually disobedient, truant from school
neglected/abused children
need protection from parents in some way
juvenile waiver
move juvenile cases to adult court
statutory exclusion
certain juvenile offense automatically transferred
direct file
prosecutors have discretion to file charges against juveniles in adult criminal court
parental responsibility
statutes in which parents are held accountable and may be prosecuted for crimes committed by their children
contributing to the delinquency of a minor
the act, by an adult, of aiding/encouraging illegal or improper conduct by a minor (ex: serving alcohol to minors)
rights juveniles have
notification of charges against them
right to an attorney
right to confront/cross examine witnesses
right to remain silent
why did the supreme court rule against juveniles having a jury trial
expressed concern that jury trials could hurt juveniles by destroying the privacy of juvenile hearings
intake (dismissal, diversion, transfer)
informal process of deciding if juvenile is referred to juvenile court
initial (or detention) hearing
prove offense was committed, reasonable cause, preventative detention
adjudicatory hearing (trial)
determine facts of the case, closed to the public, no jury trials, names withheld, right to an attorney
dispositional hearing (sentencing)
probation, fines, community service, restitution commitment to juvenile facility
post dispositional (appeals)
deciding what sentence the offender should receive
aftercare (parole)
supervision by a parole officer. counsels on education, jobs, etc.
expunged
destroyed when juvenile turns 18/21
criticisms of juvenile correctional facilities
overcrowding, over representation of minority groups, lack of safety, due process/healthcare
what do juvenile justice reformers see as the goal of the juvenile justice system?
community protection, accountability, develop life skills
arraignment
court session by which a defendant is charged and enters a plea. for misdemeanors, it is the same as an initial appearance
pre trial motions
document by which a party asks the judge to make a decision before the trial
plea bargaining
negotiations between the prosecutor and defense for defendant to plead guilty in exchange for a lesser charge. occurs in 90% of criminal cases
trial
process of determining guilt
verdict
jury/judge makes a decision on a case
sentencing
giving out punishment for a crime
imprisonment
placed in jail for crime
