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45 Cards in this Set
- Front
- Back
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Defense |
A criminal defence allows someone to present evidence of innocence. |
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Alibi |
Evidence defenfant was not present. |
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Seizure |
When the goverment interferes with ownership of property or one's liberty. |
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Reasonable expectations of privacy |
Concept established by Supreme Court. does the person in a situation have an expectation of privacy. |
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Arrest |
When a person suspected of a crime is taken into custody. |
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Probable cause |
Reasonable belief that specific person commited a crime. |
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Arrest warrant |
Court order commanding that person named be taken into custody. |
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Reasonable suspicion |
Belief that individual is involved in CRIMINAL ACTIVITY. |
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Stop and frisk |
Seizing illegal drugs during frisk. Random searches. Reasonable sense of touch makes it illegal. |
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Search warrant |
Orders signed by judge authorizing police to search for a specific object at a spesific location/ time. |
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Exclusionary rule |
Illegaly obtained Evidence that cannot be used. |
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Grand jury |
Geoup that determines if probable cause exists to persue charges. |
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Double jeopardy |
Can't be charged with the same crimw even if origionally pronounced innocent. |
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Eminent domain |
Goverment can take ownership of your property. |
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Ernesto Miranda |
22 year old Arrested for kidnapping, rape and robbery in 1966 |
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Miranda rights |
Right to know accused crime, remain silent, confront witness and right to a lawyer. |
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Detainment |
When police officer stops you at a public place. cant take longer than 20 minutes. |
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Custody |
If a police officer puts you in handcuffs. |
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CUSTODIAL interrogation |
Means that person is in custody, suspect is about to be interrogated by the police |
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Interrogation |
Direct questioning about a crime. |
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Confession |
Statements that you make/ write can be used as admission of guilt. |
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Invoke |
Use your rights |
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Waive |
Agree not to use your rights |
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Search related to lawful arrest |
Can search arrested person and immediate"grab area" |
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Stop and frisk |
Seizing illegal drugs, reasonable sence of touch makes it clearly illegal. |
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Consent |
Permission to search another |
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Vehicle searches |
Stp car, can search it if pulled over and sees something suspicious. |
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Plain view |
It can be seen from a place that the officer has the right to be. |
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Emergency situation |
Hearing screams from a house/ smealing smoke |
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Hot pursuit |
No permission needed |
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4th amendment |
The right not to be searched or have something taken away within reason |
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5th amendment |
The right to due process |
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6th amendment |
The right to a speedy trial |
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No crime committed |
No criminal intent Reasonable mistake |
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Self defense |
Muat be in immediate danger of bodily harm Cannot use more force than appropriate |
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Defense of property |
Mom deadly force may be used to protect your property -some states have stand your ground rules |
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Defense of others |
If the person you are protecting can verify |
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Infancy |
Most children under the age of 7 are incapable of committing a crime |
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Intoxication |
At the time of the crime the person was so drunk or high that they didnt know what they were doing |
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Entrapment |
Admits to crime but claims they were persuaded by the police |
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Duress |
If a person coerses another to do something or threatens danger to life or property |
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Insanity |
Blaming actions on mental disorder which prevents rational thought |
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Which one is more important probable cause or reasonable suspicion? |
Probable cause |
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Explain the origin of miranda rights |
Ernesto miranda |
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Explain the various ways you can protect your rights as an individual if stopped by the police |
You can say no |
