Contemporary Legal Issues: Exam 1

Front 1

What was our nations first constitution?

Back 1

Articles of Confederation

Front 2

How was the original constitution divided?

Back 2

Preamble
6 articles

Front 3

What is the duty of the court to decide when other laws are in violation of the spirit of the constitution?

Back 3

Judicial review

Front 4

What case created judicial review?

Back 4

Marbury v. Madison

Front 5

What is a petition asking the federal court to examine an alleged illegal detention and order authorities to release an illegally confined prisoner?

Back 5

habeas corpus

Front 6

What is the only crime defined in the constitution?

Back 6

treason

Front 7

What rights are guaranteed by the first amendment?

Back 7

Religion (establishment/exercise)
Speech (verbal/symbolic)
Press
Assemble

Front 8

What rights are guaranteed by the 4th amendment?

Back 8

unreasonable searches and seizures

Front 9

What rights are protected in the 5th amendment?

Back 9

Due process
grand jury indictment
freedom from double jeopardy
no self incrimination

Front 10

What rights are protected by the 6th amendment?

Back 10

speedy and public trial
impartial jury
confront witnesses

Front 11

What rights are guaranteed by the 8th amendment?

Back 11

no cruel and unusual punishments
no excessive bail

Front 12

_____:The right of the people peacefully to assemble, and to petition the Government for a redress of grievances.

Back 12

1st amendment

Front 13

______:The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.

Back 13

4th amendment

Front 14

______:No warrant shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.

Back 14

4th amendment

Front 15

______:The Right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law.

Back 15

6th amendment

Front 16

____:Nor shall no person be subject for the same offense to be twice put in jeopardy of life or limb. (double jeopardy)

Back 16

5th amendment

Front 17

_____:Nor shall any person be compelled in any criminal case to be a witness against himself. (privilege against self-incrimination)

Back 17

5th amendment

Front 18

______: Name the two amendments that contain a due process clause.

Back 18

5th and 14th amendment

Front 19

____: To be informed of the nature and cause of the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have assistance of counsel for his defense.

Back 19

6th amendment

Front 20

____ : Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments inflicted

Back 20

8th amendment

Front 21

1. Name the process in which attorneys for the State and defense question potential jurors for an upcoming trial.

Back 21

Voir dire

Front 22

2. If a prospective juror, from watching television news, admits during examination that he has already formed an opinion that the defendant is not guilty, the juror should be:

Back 22

challenged for cause.

Front 23

A defendant who has decided to testify may refuse to answer relevant questions. True or False

Back 23

False

Front 24

4. Tainted evidence may be admissible is the evidence would have been discovered by lawful means as a result og predictable and routine behavior of a law enforcement agency. This is called the:

Back 24

inevitable discovery exception

Front 25

5. What is the punishment range for a first degree felony?

Back 25

5-99 years or life

Front 26

1. The First Amendment guarantees the right to:

Back 26

peacefully assemble

Front 27

2. Which of the following rights is not guaranteed by the Sixth Amendment?

Back 27

Right against double jeopardy

Front 28

3. Which type of law trumps all others?

Back 28

Constitutional law

Front 29

4. Which of the following is not a characteristic of Herbert Packer’s due process model?

Back 29

“assembly-line justice”

Front 30

5. Warrants must be based on what level of proof?

Back 30

Probable cause

Front 31

6. Incorporation of the Bill of Rights to the states is achieved through which amendment?

Back 31

14th Amendment

Front 32

7. Which of the following statements about the Bill of Rights is false?

Back 32

All of these statements are true

Front 33

8. Freedom from unreasonable searches and seizures is guaranteed by which amendment?

Back 33

4th Amendment

Front 34

9. The ________ branch of the government has the greatest role in protection of individual liberties.

Back 34

Judicial

Front 35

10. One option available to a person who believes he or she has been imprisoned in violation of the Constitution is:

Back 35

a writ of habeas corpus.

Front 36

11. Which Amendment prohibits cruel and unusual punishments?

Back 36

8th Amendment

Front 37

12. ________ is the only crime defined by the Constitution.

Back 37

Treason

Front 38

13. States and the federal government are prohibited from passing ________, which literally refers to laws passed "after the fact."

Back 38

Ex post facto laws

Front 39

14. The right to due process is guaranteed by:

Back 39

both the 5th and 14th Amendments

Front 40

15. Supreme Court justices use which of the following to determine if a law violates the constitution?

Back 40

A judicial review

Front 41

Who is the chief justice?

Back 41

John Roberts

Front 42

What is a party seeking the review of a lower court's decision can petition for what?

Back 42

writ of certiorari

Front 43

_____: the authority given by law to a court to try cases and rule on legal matters within a particular area.

Back 43

jurisdiction

Front 44

What is the particular county in with a court with jurisdiction?

Back 44

venue

Front 45

how many associate justices are on the U.S. Supreme Court?

Back 45

8

Front 46

Who charges people?

Back 46

prosecutors

Front 47

________: is a sworn written statement of the facts; filed with the complaint, and together provide a written record for a reviewing court to determine probable cause. *once the magistrate determines probable cause he/she issues either a summons or an arrest warrant.

Back 47

Affidavit

Front 48

_____ ________: a person arrested without a warrant is brought before the magistrate for the initial appearance; must be within 48 hours of arrest.

Back 48

Initial appearance

Front 49

______ ______: only in jurisdictions without a grand jury; it’s a formal adversarial proceeding conducted in open court; only in felony cases.

Back 49

Preliminary hearing

Front 50

_______: in jurisdictions without a grand jury, and indictment replaces the complaint; written statements of facts.

Back 50

Indictment

Front 51

Who is the only party present in a grand jury hearing?

Back 51

prosecution

Front 52

______: receive/ hear complaints, hear evidence from the state and return an indictment (or no bill); non-adversarial; done in private.

Back 52

Grand jury

Front 53

Name the primary duties of a grand jury? (3)

Back 53

-To receive complaints in criminal cases
-To hear the evidence put forth by the state, and
-To return an indictment if probable cause that the defendant committed an offense is established

Front 54

Grand Juries are_______.

Back 54

non-adversarial

Front 55

Grand Juries use __-__ grand jurors. (Texas uses ___)

Back 55

16-23
12 and 2 alternates

Front 56

What is a true bill?

Back 56

o Issue an indictment (charging instrument) [9 must vote]
o Grand jury saw enough evidence to prosecute; move forward to trial.

Front 57

What is a no bill?

Back 57

o No probable cause to indict
o Grand jury rejected the prosecutor’s evidence and found no grounds for prosecution.

Front 58

____ _____: disposition of criminal charges by agreement between the prosecutor and the accused; considered a contract; saves money and leads to a prompt disposition

Back 58

Plea Bargaining

Front 59

After the issuance of a true bill on the indictment or a bind over order in the preliminary hearing, the next step is the _________:

Back 59

arraignment

Front 60

Name the pleas.

Back 60

-Guilty
-Not Guilty
-Nolo contendere (no contest)
-Not guilty by reason of insanity (available in most jurisdictions)

Front 61

A defendant pleading guilty or nolo contendere, waives many constitutional rights, including:

Back 61

-The right to a trial by jury
-The right to confront and cross-examine witnesses
-The right to compel the attendance and testimony of witnesses
-The right to testify one’s own behalf
-The right to be free from being forced to incriminate oneself
-The right to be presumed innocent until proven guilty
-The right to appeal ones conviction

Front 62

Judges are free to ____ a plea bargain agreement.

Back 62

reject

Front 63

_____: an oral/written request asking a court to make a specified finding, decision, or order.

Back 63

Motions

Front 64

______: a witness’s out-of-court testimony, taken under oath prior to trial; only used under specific circumstances whether the witness can’t attend trial

Back 64

Depositions

Front 65

__________ __ ______: procedure whereby the defendant/prosecutor is allowed to inspect, examine, copy items into the possession of the other party; must make a motion.

Back 65

Participating in discovery:

Front 66

What case said the state has to turn over all exculpatory evidence to the defense?

Back 66

Maryland v. Brady

Front 67

__________: court order used to secure the attendance of witnesses.

Back 67

Subpoena

Front 68

Name the 5 steps for selecting a jury

Back 68

-Summoning the venire
-The voir dire process
-Strike potential jurors for cause
-Using preemptory challenges
-Impaneling the petit jury

Front 69

______ ___ ____ : potential jurors receive a summons in the mail ordering them to appear in court; the people who are summoned are the venire.

Back 69

Summon the Venire

Front 70

_____ ____ ____ : the actual process of selecting a jury from the venire panel; main purpose is to weed out those who would not be fair and impartial.

Back 70

Voir Dire Process

Front 71

_________ ________: occur when a party seeks to strike a person when there is not a good cause to do so; state/defense allowed 20 in capital cases; the prosecution gets 6 and defendant gets 10 in non-capital felony cases, each side gets 3 in misdemeanor cases.

Back 71

Peremptory Challenges

Front 72

____ ___ _____: strike a venire because bias

Back 72

Strike for Cause

Front 73

What did the case Batson v. Kentucky say?

Back 73

can’t strike someone solely on race

Front 74

______ __ ___ _____: normally comprised of 12 people who will serve as the trier-of0facts at trial; someone jurisdiction selects alternatives.

Back 74

Impaneling the Petit Jury:

Front 75

_______ _____: first-hand evidence that does not require presumptions in order to establish a proposition of fact.

Back 75

Direct Evidence

Front 76

________ ________: required additional presumptions, and may require the fact finder to examine a chain of evidence in order to accept the fact.

Back 76

Circumstantial Evidence

Front 77

Name and describe 5 types of evidence

Back 77

• Testimonial: oral testimony under oath
• Physical: tangible objects (contracts, firearms)
• Scientific: results of forensic investigation
• Demonstrative: visual/auditory aid (charts, maps)
• Judicial Notice: process whereby the trier-or0fact accepts certain facts as true without the necessity of formal proof.

Front 78

_____ ___ ______ rests on the state; beyond a reasonable doubt. In family violence cases it’s clear and convincing. In civil suits the burden is preponderance of evidence.

Back 78

Burden of Proof

Front 79

1. Two proceedings that are often combined for misdemeanors appearing in courts of limited jurisdiction are:

Back 79

initial appearance and arraignment

Front 80

2. Which of the following statements about the US Supreme Court is false?

Back 80

The U.S. Supreme Court is solely an appellate court

Front 81

3. If a court can try all felony cases, it has ________.

Back 81

General jurisdiction

Front 82

4. The power of a court to hear and decide a case is referred to as its:

Back 82

jurisdiction

Front 83

5. The process which is used to determine if a prospective juror is prejudiced is known as:

Back 83

voir dire

Front 84

6. A defendant who is incapable of understanding the proceedings against him or her due to mental disease or defect is:

Back 84

incompetent

Front 85

7. A document issued by a judge that authorizes the arrest of the person named in the warrant for having committed a specific crime listed in the document is known as:

Back 85

An arrest warrant

Front 86

8. Where would you hold a trial for someone accused of committing a federal felony?

Back 86

Federal District Courts

Front 87

9. Who has the power to officially charge someone with a crime?

Back 87

Prosecutor

Front 88

10. A report about a defendant prepared by a probation or parole officer and used to help judges make sentencing decisions is known as:

Back 88

a pre-sentence investigation.

Front 89

11. A verbal or written request asking the court to take a specific action is a(n):

Back 89

motion

Front 90

12. Visual or auditory aids used to help the fact-finder understand the evidence are known as ________.

Back 90

Demonstrative evidence

Front 91

13. Which of the following is an example of an intermediate sanction?

Back 91

House arrest

Front 92

14. A non-jury trial is also called a ________ trial.

Back 92

bench

Front 93

15. How many federal judicial circuits are there?

Back 93

13

Front 94

______ ______: requires that any evidence obtained by police using methods that violate a person’s constitutional rights must be excluded from use in a criminal prosecution against that person.

Back 94

The Exclusionary Rule

Front 95

Name 4 alternatives to the exclusionary rule

Back 95

-Conduct an illegal search and seizure could be designated as a crime
-An officer who makes an illegal search and seizure may be subject to internal departmental disciplinary procedures
-Victims of unconstitutional actions by police officers may also bring civil lawsuits against offending officers.
-Victims of unconstitutional actions by federal officers may also be able to sue the U.S. government.

Front 96

Under the___ __ ___ _____ ____ ______, evidence is inadmissible in court is it was directly or indirectly obtained exploitation of some prior unconstitutional police activity (such as an illegal arrest or search). Evidence directly or indirectly obtained in this manner is called _______ ______ .

Back 96

- fruit of the poisonous tree doctrine
-tainted evidence.

Front 97

Three exceptions to the fruits of the poisonous tree doctrine are....

Back 97

independent source
attentuation
inevitable discovery

Front 98

Under the ____ _____exception to the exclusionary rules, evidence obtained by police who acted in good faith in objectively reasonable reliance on a warrant o statute is admissible, even though the warrant or statute is subsequently determined invalid.

Back 98

good-faith

Front 99

_____ _____ exists where the facts and circumstances within a law enforcement officer’s knowledge and of which the officer has reasonably trustworthy info are sufficient in themselves to warrant a person of reasonable caution in the belief that a crime has been or is being committed by a particular person or that seizable property will be found in a particular place or a particular person.

Back 99

Probable cause

Front 100

Probable cause is evaluated by examining the collective information in the procession of the police at the time of the arrest of search including:

Back 100

-Information known through an officer’s own senses
-Flight or furtive evaluation or real evidence
-Observation and evaluation or real evidence
-Admissions of criminal conduct
-False or implausible answers to routine questions
-Presence at a crime scene or in a high-crime area
-Associations with known criminals
-Past criminal conduct

Front 101

What is the first prong?

Back 101

informants basis of knowledge

Front 102

what is the second prong?

Back 102

informants veracity/truthfulness

Front 103

1. The Supreme Court applies the _____ to determine if a state court opinion is ambiguous as to whether it is based on an adequate and independent ground.

Back 103

Plain statement rule

Front 104

2. An officer is about to execute a search warrant but notices that the magistrate failed to sign and date the warrant. The officer rationalizes that the magistrate can sign it later, and the officer executes the warrant and seizes property. At the suppression hearing the magistrate:

Back 104

should not admit the evidence because the officer did not act in good faith.

Front 105

3. The admission of evidence which has been seized as the result of an apparently valid search warrant which is later determined to be invalid due to a magistrate's error is an example of the:

Back 105

good faith exception

Front 106

4. What case led to the creation of the exclusionary rule?

Back 106

Weeks v. U.S.

Front 107

5. Under the ________, evidence is inadmissible in court if it was directly or indirectly obtained by exploitation of some prior unconstitutional police activity.

Back 107

Fruit of the poisonous tree doctrine

Front 108

6. What is the principle object of the Fourth Amendment?

Back 108

Protecting privacy

Front 109

7. Which of the following statements is false?

Back 109

The exclusionary rule applies to evidence used in all criminal and civil trials.

Front 110

8. Admitting evidence which has been tainted due to a severe weakening of the causal connection between the primary illegality and the derivative evidence is called the:

Back 110

attenuation exception.

Front 111

9. The Supreme Court adopted the exclusionary rule primarily to control ________ misconduct.

Back 111

Police

Front 112

10. The exclusionary rule is not applicable to:

Back 112

violations of privacy by private citizens

Front 113

11. The exclusionary rule:

Back 113

requires that if police unconstitutionally seize evidence, it not be used in a criminal prosecution against the person whose rights were violated.

Front 114

12. Evidence acquired as a result of a constitutional violation may still be admissible if officers can show that it would ultimately have been obtained by lawful means. This is an example of:

Back 114

the inevitable discovery exception.

Front 115

13. For a defendant to have standing he or she must:

Back 115

have had his or her 4th Amendment rights infringed.

Front 116

14. Which of the following court case held that a person's Fourth Amendment rights are implicated wherever the person has an expectation of privacy which society is prepared to recognize as reasonable?

Back 116

Katz v. US

Front 117

15. A suit for damages and other remedies in federal courts under a federal civil rights statute for 4th Amendment violations by a law enforcement officer acting under color of law is known as:

Back 117

a section 1983 action.

Front 118

The types of property allowed to be seized under a search warrant are:

Back 118

o Evidence of a crime
o Contraband
o Fruits of crime
o Other items illegally possessed
o Instrumentalities of crime
o A person to be arrested
o A person who is unlawfully restrained

Front 119

• An ________ _____ _____ is a search warrant based on probable cause that evidence relating to a certain crime will be a specific place in the future.

Back 119

anticipatory search warrant

Front 120

A _____ _____authorizes officers to enter unoccupied premises, search for specified evidence, and then leave, without seizing the evidence they find and without leaving a trace that an entry has been made.

Back 120

covert warrant

Front 121

1. Law enforcement officers are increasingly applying for ________ search warrants, especially in cases involving contraband in the mail and informants or undercover officers.

Back 121

Anticipatory

Front 122

2. If police have a warrant to search a premise:

Back 122

any other justification

Front 123

3. When a there is too long a delay between the time when information is gathered resulting in probable cause and a search based on that probable cause is conducted there may be reason to believe that the property is no long in the same location. Probable cause is said to be ________ in this situation.

Back 123

Stale

Front 124

4. The process by which invalid clauses in a warrant that are constitutionally insufficient for lack of probable cause or particularity are removed and clauses that satisfy the Fourth Amendment are preserved is known as:

Back 124

redaction.

Front 125

5. The most important effect of an illegal search or seizure is:

Back 125

the exclusion of the evidence obtained from use in court against the person whose rights were violated.

Front 126

6. What is the purpose of the knock-and-announce requirement?

Back 126

All of these choices: Preventing property damage, preventing violence, protecting privacy

Front 127

7. One of the particularity requirements of search warrants is that the items to be seized in a search warrant must be described with sufficient particularity so that the officer executing the warrant:

Back 127

can identify the items with reasonable certainty.

Front 128

8. According to the Fourth Amendment, searches and seizures by law enforcement officials require ________.

Back 128

Probable cause

Front 129

9. A(n) ________ warrant specifically authorizes officers to enter unoccupied premises, search for specified evidence, and then leave--without seizing the evidence.

Back 129

Covert entry

Front 130

10. Federal search warrants must be executed within ________ days.

Back 130

10

Front 131

11. The doctrine of severability:

Back 131

invalidates those portions of the warrant that are not constitutionally sound while preserving the rest.

Front 132

12. Which of the following statements about search warrants is false?

Back 132

All searches require a search warrant

Front 133

13. Which of the following statements is false?

Back 133

Police are not allowed to seize any item not specifically named in the warrant.

Front 134

14. An announcement of identity as a(n) ________ accompanied by a statement that the officer has a search warrant is usually sufficient for performing a search.

Back 134

Law enforcement officer

Front 135

15. A warrant to search a particular place for a particular seizable item that has not yet arrived at that place is known as:

Back 135

an anticipatory search warrant.

Front 136

1. A search of a student's locker at a high school is a(n):

Back 136

special needs search.

Front 137

2. The U.S. Supreme Court's first electronic eavesdropping case was:

Back 137

Olmstead v. United States.

Front 138

3. Special needs searches do not require warrants. One type of special of special needs search is a(n):

Back 138

probationer search.

Front 139

4. What type of warrant is used to authorize the government to perform a safety inspection of a business?

Back 139

administrative search warrant

Front 140

5. Which of the following statements about border searches is false?

Back 140

More invasive searches of people--such as strip searches--require a warrant.

Front 141

6. ________ upheld a warrantless search of a probationer's home by probation officers.

Back 141

Griffin v. Wisconsin

Front 142

7. Which of the following would not be classified as a "special needs" search?

Back 142

Searching the telephone records of a drug kingpin suspect

Front 143

8. With regard to searches of elementary and high school students:

Back 143

physical searches of students may be conducted by school officials without a warrant as long as they have reasonable suspicion.

Front 144

9. Which of the following statements is true?

Back 144

Administrative searches fall within the realm of the Fourth Amendment's warrant requirement.

Front 145

10. The Supreme Court used the ________ analysis to uphold warrantless governmental drug testing.

Back 145

"special needs"

Front 146

11. If evidence of criminal activity is discovered during the course of a valid administrative search:

Back 146

all of these choices: it does not allow for an automatic expansion of the scope of the administrative search, it may be used to establish probable cause for a criminal warrant, it may be seized under the plain view doctrine.

Front 147

12. A ________ records the numbers dialed from a particular monitored phone.

Back 147

pen register

Front 148

13. The Foreign Intelligence Surveillance Act (FISA) of 1978:

Back 148

authorizes and regulates the electronic surveillance of foreign powers and their agents within the United States.

Front 149

14. Which of the following forms of communication are exempt from Title III's requirement of an interception order?

Back 149

All of these choices: video surveillances, pen registers, tone-only beepers

Front 150

15. ________ often require both administrative and criminal searches because they serve several different purposes and present varying degrees of emergency.

Back 150

Fire investigations

Front 151

The basic elements for a formal arrest are:

Back 151

1. The law enforcement officer’s purpose or intention to take a person into custody of the law;
2. The officer exercise of real or pretended authority
3. That the arrestee be taken into custody wither by physical force or by submission to ascertain authority and
4. Understanding by the person to be arrested of the officers intention to arrest.

Front 152

_____ ______ _____: • A seizure of a person that is substantially indisguishable from a formal arrest is illegal unless it is supported by probable cause to believe that the person has committed or is committing a crime.

Back 152

seizures tantamount to arrest

Front 153

An arrest warrant is invalid on its face if one or more of the following are true:

Back 153

-The court issuing the warrant clearly has no jurisdiction
-The warrant fails to adequately indicate the crime charges
-The warrant fails to name or describe any identifiable person
-The warrant is not signed by the issuing magistrate
-The warrant is not directed to the officer who is about to execute it.

Front 154

Deadly force may only be used by law enforcement officers:

Back 154

-In defense of their own lives
-In defense of the lives of others
-To stop the escape of a fleeing suspect
-It there is probable cause to believe that the suspect has committed a crime involving the infliction of threatened infliction of serious harm.

Front 155

1. Which of the following is inadequate by itself to allow an officer to enter a suspect's house for the purpose of arresting him or her?

Back 155

Probable cause that the arrestee is present.

Front 156

2. When may a law enforcement officer make an arrest outside their jurisdiction?

Back 156

When they are in "fresh pursuit" of a suspect.

Front 157

3. When may a private citizen arrest a person for misdemeanors?

Back 157

If the citizen observed the person commit the offense and it was a breach of the peace.

Front 158

4. An express requirement of the 4th Amendment is that arrest warrants:

Back 158

contain a particularized description of the person to be arrested.

Front 159

5. What is the basic element distinguishing formal arrest from seizure tantamount to arrest?

Back 159

officer's intent

Front 160

6. One of the elements required for a formal arrest to occur is the:

Back 160

detention or restraint of the person to be arrested.

Front 161

7. Who issues arrest warrants?

Back 161

A magistrate

Front 162

8. What is required if an officer does not have exigency or an arrest warrant to enter a person's home to arrest him or her?

Back 162

Consent

Front 163

9. The rule that allows arrest for misdemeanors which occurred in the presence of the officer is based on what?

Back 163

Common law

Front 164

10. What level of proof is required before police can make an arrest?

Back 164

Probable cause.

Front 165

11. A court order that commands someone to appear before a court to respond to charges is called a(n) ________.

Back 165

Summons

Front 166

12. The modern parameters for the use of deadly force were established by which case?

Back 166

Tennessee v. Garner

Front 167

13. After police arrest a person and take him/her into custody, they may search that person and any containers or items on his or her person as part of a(n) ________.

Back 167

inventory search

Front 168

14. Under which circumstance would a warrantless entry into a home to make an arrest be justified?

Back 168

All of these choices: When there is a threat to the safety of the suspect, When in hot pursuit of a fleeing felon, When there is a risk that evidence will be destroyed.

Front 169

15. An arrest requires either ________ or submission to authority.

Back 169

physical force

Front 170

What was the main argument against ratification of the constitution?

Back 170

lacked bill of rights

Front 171

___________ _____ : provides that neither Congress nor state legislature may “make any law respecting an establishment of religion.”

Back 171

Establishment clause

Front 172

_____ _____ _____ : provides that no law is constitutional if it “prohibits the free exercise” of religion.

Back 172

Free exercise clause

Front 173

What is double jeopardy?

Back 173

It protects against a second prosecution for the same offense after acquittal, against a second prosecution for the same offense after conviction, and against multiple punishments for the same offense.

Front 174

_____ _________ : two entities seeking to prosecute the defendant under this doctrines for the same criminal act in separate sovereign that derive their power to prosecute from independent sources.

Back 174

o Dual Sovereignty

Front 175

When the Supreme Court reviews a case, they issue a ____ __ ______.

Back 175

writ of certiori.

Front 176

In Texas, what is the punishment for Class C Misdemeanors?

Back 176

punishable by fine only, fines vary, Max $500

Front 177

In Texas, what is the punishment for Class B Misdemeanors?

Back 177

punishable by up to 180 days in the county jail, $2000 fine

Front 178

In Texas, what is the punishment for Class A Misdemeanors?

Back 178

punishable by up to a year in the county jail, $4000 fine

Front 179

In Texas, what is the punishment for a state jail felony?

Back 179

punishable by 180 days to 2 years in State Jail, up to $10,000 fine

Front 180

In Texas, what is the punishment for a 3rd degree felony?

Back 180

State Jail - punishable by 180 days to 2 years in State Jail, up to $10,000 fine
punishable by 2 - 10 years in TDCJ, up to a $10,000 fine

Front 181

In Texas, what is the punishment for 2nd degree felony?

Back 181

punishable by 2 - 20 years in TDCJ, up to a $10,000 fine

Front 182

In Texas, what is the punishment for a 1st degree felony?

Back 182

punishable by 5 - 99 years or life in TDCJ, up to $10,000 fine

Front 183

In Texas, what is the punishment for capital murder?

Back 183

punishable by death or life without parole

Front 184

• Justice of the Peace Courts

Back 184

-Lowest
-Judges do NOT have to be lawyers
-Handle Class C misdemeanors

Front 185

• County Courts of Law

Back 185

-Judges HAVE to be lawyers
-Handle Class B and Class A misdemeanors and Class C appeals

Front 186

• District Courts

Back 186

-Judges HAVE to be lawyers
-Handle Felony cases

Front 187

What is the standard for finding someone guilty?

Back 187

Beyond a reasonable doubt

Front 188

Who holds the burden of proof?

Back 188

Prosecution

Front 189

_______ _____: limited to admissible evidence. State must turn over exculpatory evidence to the defense.

Back 189

Brady Rule

Front 190

What is the main requirement for a search warrant?

Back 190

Neutrality

Front 191

An ________ _______ is a routine inspection of a home or business by governmental authorities responsible for determining compliance with various statutes and regulations.

Back 191

An administrative search