Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
90 Cards in this Set
- Front
- Back
|
8th Amendment |
Freedom from excessive bail and cruel and unusual punishment |
|
|
4 steps how to become a lawyer in NY |
1. Finish your NY undergraduate pre law 2. Take the LSAT 3. Go to law school in NY 4.take the NY state bar exam and become an attorney |
|
|
Exclusionary rule |
Everything else must be suppressed |
|
|
Due process |
fair treatment through the normal judicial |
|
|
What are the 7 types of officers |
1. Uniformed officers 2. Detectives. 3. State police and highway patrol officers 4. Fish and game wardens. 5.Transit and railroad officers 6. Sheriffs 7.Special jurisdiction police
|
|
|
Whats The 5 levels of the court |
1. Court of appeals 2. Appellate division of the supreme court 3. Supreme court, A. Criminal part, civil partB. Surrogate court C. Family court 4. Appellate term of the supreme court 5. Criminal court of nyc, civil court of nyc |
|
|
What do Appellate courts do? |
certain courts may serve as both trial courts and appellate courts |
|
|
What are the 10 ranks |
1. Police commissioner 2. First deputy commissioner 3. Chief of department 4. Deputy commissioner 5. Chief 6. Captain 7. Lieutenant 8. Sergeant 9. Detective 10. Patrol officer |
|
|
3 Basic styles of policing |
1. the watchman 2. legalistic 3. service |
|
|
a crime to occur you need |
actus reus |
|
|
US v Miranda |
The Fifth Amendment right against self incrimination requires law enforcement officials to advise a suspect interrogated in custody of his or her rights to remain silent and to obtain an attorney. Supreme Court of Arizona reversed and remanded. |
|
|
Gideon v Wainwright |
Gideon v. Wainwright, case in which the U.S. Supreme Court on March 18, 1963, ruled (9–0) that states are required to provide legal counsel to indigent defendants charged with a felony. ... At his first trial he requested a court-appointed attorney but was denied. |
|
|
3 components of the criminal justice system |
1. Police 2. Court 3. Corrections |
|
|
NY v Onofre |
Ronald Onofre was convicted for violating New York Penal Law that made it a misdemeanor to engage in sodomy (encompassing anal and oral sex, not vaginal), when he was caught having sex with his 17-year-old male lover in his home. |
|
|
Appellate division |
Intermediate appellate court:All cases |
|
|
Court of appeals |
Highest appellate court: All cases |
|
|
2 supreme court terms |
1. Civil term 2. Criminal term |
|
|
Supreme court |
UNLIMITED JURISDICTION 1. Civil term- tort, medical malpractice, divorce, back alimony, custody,article 2. CRIMINAL TERM- felony trials |
|
|
Surrogates court |
Estate, wills |
|
|
Family court |
Civil proceedingOrder of protection Unmanageable children |
|
|
N.y.c criminal court |
Misdemeanors, arraignments |
|
|
N.y.c civil court |
Torts, contracts, small claims, housing |
|
|
How do you become a judge in NYS |
Be a lawyer for 10 years |
|
|
What's the difference between civil trial and criminal trial? |
1. Civil 6 jury's 2. Criminal 12 jury's Beyond A Reasonable Doubt |
|
|
4th Amendment |
Against search and seizure |
|
|
5th Amendment |
due process of law |
|
|
6th Amendment |
Right to a speedy trail |
|
|
14th Amendment |
Right to be free from discrimination in states to have due process of law, to have equal protection of the law |
|
|
that inter-lap with criminal |
1. Immigration 2. Civil probation |
|
|
Jurisdiction- limited and general |
1. Limited- hears certain cases 2. General- hears all cases |
|
|
How many judges hear the appeal |
3 |
|
|
Court of appeals, how many judges and where is it |
5 judges Albany |
|
|
Us supreme court, judges, where is it |
9 judges Washington DC |
|
|
1st police department created |
London |
|
|
What 3 states in the US were the 1st to establish a police department |
1. Boston 18382. Ny 18443. Philadelphia 1854 |
|
|
3 police functions |
1. Patrol 2. Investigate 3. Support |
|
|
Who is the head of the police department |
James O'Neal |
|
|
What is his name and title |
Commissioner, Chief of Police |
|
|
What is the Civil complaint review board |
Complaint against a police officer |
|
|
What are miranda warnings |
1. You have the right to remain silent. 2. You have the right to an attorney. |
|
|
3 levels of crimes, the amount of time, different levels |
1. Violation 15 days 2. Misdemeanor 1 year 3. Felony more than a year |
|
|
Bill of rights |
The first 10 amendments of the constitution |
|
|
Discretion |
the quality of behaving |
|
|
How is crime reported |
Call the police, go to the precint |
|
|
Branches of government |
1.Executive,President 2.Legislative (Senate andHouse of Representatives) 3.Judicial (Supreme Court and lower Courts). |
|
|
Different factors that influence criminal trends |
1. Immigration 2. age3. Poverty |
|
|
Problems of policing |
1. Fatigue 2. Stress |
|
|
Use of force |
Only use of force that is being used |
|
|
What is the hierarchy of NYPD |
The basic structure of the NYPD, from lowest rank to highest. |
|
|
Mapp v Ohio |
unreasonable searches and seizures |
|
|
NY v Onofre |
Ronald Onofre was convicted for violating New York Penal Law that made it a misdemeanor to engage in sodomy (encompassing anal and oral sex, not vaginal), when he was caught having sex with his 17-year-old male lover in his home. |
|
|
👍🏾ARREST |
1.The police investigate crimes 1. a person is into custody. 2. usually because they have been suspected of committing or planning a crime. 3. they can be questioned further and/or charged. |
|
|
Criminal complaint must be |
Verified and signed |
|
|
Notice 710.31B |
Identification |
|
|
Notice 710.31A |
Statement |
|
|
Notice 190.50 |
Grand jury |
|
|
Notice 250.20 |
Alibi |
|
|
Wade Hearing |
Identification |
|
|
Huntley hearing |
Statement |
|
|
Grand jury needs how many Quorums?? |
16 out of 23 |
|
|
How many Quorum must agree in grand jury?? |
12 |
|
|
What's the 2 steps in a jury trial?? |
1. Pick Jury voir dire 2. Opening statements |
|
|
Burden of proof |
Beyond reasonable doubt |
|
|
What's the 3 verdicts?? |
1. Guilty 2. Not guilty 3. Hung jury |
|
|
Concurrent sentence |
Is when a defendant serves all the sentences at the same time. |
|
|
Consecutive sentences |
When a defendant serves one sentence after another. |
|
|
Indeterminate sentence |
does not state a specific period of time or release date, but just a range of time, such as (5 to 10 years) |
|
|
Determined sentencing |
Is a fix amount of time a person will do in jail. |
|
|
4 non jail sentence |
1. Parole 2. Probation 3. Community service 4. Program |
|
|
4 different prisons |
1. Maximum security 2. Minimum security 3. Medium security 4. Super maximum security |
|
|
Nolo contendere plea |
A person do the time but do not admit to the crime. |
|
|
Case Maxian Michelle |
Has the right to see a judge in 24 hours |
|
|
Case Eric Kenley |
Improper identification lineup |
|
|
Case Huntley |
Suppress the statement |
|
|
2 order of protection |
1. Limited 2. Full |
|
|
Limited order protection |
Can live with the person but can not harm the person. |
|
|
Full order of protection |
Can not be around the person at all |
|
|
👍🏾Booking Station or Central |
1. CJA talks to the defendant. 2. Cops question victim and defendant. 3. Finger prints and eye scan information is gathered 4. The lawyers talk to their clients |
|
|
👍🏾Criminal court arraignment |
1. Defendant must be seen by the judge within 24 hours. 2. The victim signature is need. 3. Bail options 4. Notices |
|
|
👍🏾Plea |
1. 85% of people take a Plea 2. Plea not guilty 3. Plea guilty |
|
|
👍🏾Criminal court hearing |
1. The officer gets questioned 2. The charges get read to defendant 3. Defendant give they plea (guilty or not guilty) |
|
|
👍🏾Misdemeanor trail or disposition |
1. Take a plea 2. Prosecutor/Defense attorney questions everyone to get the facts of the case before trial. |
|
|
👍🏾HOLD FOR GRAND JURY VOTE |
1. 16 out of 23 people need to be pick. 2. They must choose a foreperson, and a backup foreperson 3. 12 people must agree for a decision to be final. 4. Must be a citizen of 18 years old 5. Must live in the borough of the case 6. Prosecutor runs the Jury 7. Jury is selected by honest lawful questions. (Judge and both attorneys) |
|
|
👍🏾 VOTED A TURE BILL OR INDICTMENT |
1. 12 juries have to agree |
|
|
👍🏾Supreme court felony arraignment |
1. Notice 2. Charges against defendant 3. Plea 4. Bail option |
|
|
👍🏾 DISPOSITION BY PLEA 85% |
1. That you have been found guilty 2. Sitll can plea not guilty or guilty |
|
|
👍🏾 Felony Trial Verdict |
1. 12 juries must agree 2. Opening and closing arguments from both attorneys 3. Prosecutor gets the first and last word 4. Witnesses, victim, defendant questioned 5. Found guilty or not guilty |
|
|
👍🏾 sentencing |
How much time the defendant will be serving |
|
|
👍🏾Guilty |
1. Probation 2. Parole 3. Have to plea to the top charge |
|
|
👍🏾SENTENCING FROM 1 YEAR MINIMUM TO LIFE |
Defense attorney will trying to get a lower sentence |
