Court Systems Final

Front 1

Mirandize

Back 1

A term used by law enforcement officers to indicate that the suspect has been given the Miranda warnings

Front 2

Miranda rule

Back 2

Evidence obtained by the police during custodial interrogations cannot be used in court during trial unless the defendant was first informed of the right not to incriminate himself and the right to a lawyer

Front 3

Confession

Back 3

Person says he or she committed the ACT

Front 4

Admission

Back 4

Person admits to something related to the ACT but may not have committed it

Front 5

Waiver

Back 5

An intentional giving up of a known right or remedy

Front 6

Intelligent waiver

Back 6

One given by a suspect who knows what he or she is doing

Front 7

Voluntary waiver

Back 7

However that is not the result of any threat force or coercion

Front 8

Custodial interrogation

Back 8

An interrogation that takes place while the suspect is in custody

Front 9

Custody

Back 9

When the suspect is under arrest or deprived of freedom in a significant way

Front 10

Deprived of freedom in a significant way

Back 10

When a person's freedom of movement is limited by the police and a reasonable person in the same circumstances would feel here she was in custody

Front 11

Interrogation

Back 11

When the police ask questions that tend to incriminate or create the functional equivalent of an interrogation

Front 12

Functional equivalent of interrogation

Back 12

Instances in which no questions are actually asked by the police but in which the circumstances are so conductive to making a statement or confession that the courts consider them to be the equivalent of interrogation

Front 13

Edwards rule

Back 13

Once a suspect invokes the right to remain silent he or she cannot be questioned again for the same offense unless he or she initiates further communication exchanges our conversation with the police

Front 14

Collateral derivative evidence

Back 14

Evidence of a secondary nature that is related to the case but not directly a part of it

Front 15

General on the scene questioning

Back 15

Questioning at the scene of a crime

Front 16

Volunteered statement

Back 16

One given by the suspect without an interrogation

Front 17

Voluntary statement

Back 17

A statement given without coercion and of the suspects own free will

Front 18

Public Safety exception

Back 18

Responses to questions by the police without the Miranda warnings are admissible if the questions are reasonably prompted by concerns for Public Safety

Front 19

Harmless error rule

Back 19

A rule stating that an error made by the trial court in admitting illegally obtained evidence does not lead to a reversal of the conviction if the air is determined to be harmless the prosecution has the burden of providing that the error is in fact harmless

Front 20

Voir dire

Back 20

A process whereby a potential jurors are assembled and courts and questioned by the judge or attorneys so either side can determine if they should be chosen for or disqualified from membership in a a trial jury

Front 21

Nonunanonymous verdict

Back 21

A verdict by a jury that is not the result of an unanonymous note

Front 22

Hung jury

Back 22

Adrian that cannot come to an unanonymous agreement to convict or to acquit

Front 23

Serious offense

Back 23

For purposes of a jury one for which more than six months imprisonment is authorized

Front 24

Petty offense

Back 24

For purposes of a jury trial it is an offence whose maximum penalty is six months or less

Front 25

Jury of peers

Back 25

A jury that is not consistently restricted to a particular group

Front 26

Prepatory challenge

Back 26

A challenge to exclude a potential juror for which no reason is stated

Front 27

Challenge for cause

Back 27

A challenge to exclude a potential juror based on legal reasons

Front 28

Retained counsel

Back 28

An attorney Chosen and paid by the accused

Front 29

Court appointed counsel

Back 29

A defense lawyer appointed by the court for a defendant who is too poor to pay

Front 30

Indigent defendant

Back 30

A dependent who is too poor to hire lawyer

Front 31

Procedural due process

Back 31

The legal process that has to be followed depending upon the type of proceeding involved

Front 32

Substantive due process

Back 32

There are aspects of a person's life that cannot be regulated by the government because they are so basic and private to the individual

Front 33

Brady law

Back 33

The prosecutor has a duty to disclose evidence favorable to the defendant

Front 34

Physical self incrimination

Back 34

Involves real or physical evidence

Front 35

Testimonial our community of self-incrimination

Back 35

That would explicitly or implicitly relates a factual assertion or discloses information

Front 36

Privilege of the accused

Back 36

The privilege not to testify during trial

Front 37

Immunity

Back 37

The person granted immunity will not be prosecuted in a criminal case

Front 38

Privilege of a witness

Back 38

Any witness other than and accused on the witness stand has the privilege to refuse to disclose any information that may tend to incriminate him or her

Front 39

Sequestration

Back 39

Keeping jurors together during the trial and strictly controlling contact with the outside world

Front 40

Transactional immunity

Back 40

Full immunity meaning the witness can no longer be prosecuted for any offence arising out of that act or transaction

Front 41

Use and derivative use immunity

Back 41

Partial immunity meaning the witness can still be prosecuted on the basis of evidence other than his or her testimony if the prosecutor has such independent evidence