Criminal Justice

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Dual Court System

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The United States have two court systems: one for federal cases and another for state cases.

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En Banc

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As one body.

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Original Jurisdiction

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The cases is brought to the court directly instead of on appeal

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Rule of Four

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At least four justices must agree for the court to consider the case on its merits.

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Stare Decisis

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To abide by or adhere to decided cases.

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Judical Precedent

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Decisions of courts have value as precedent for future cases similary circumstanced.

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Dual Sovereignty

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Federal and State governments are both considered sovereign.

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Jurisdiction

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The power of a court to try a case.

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Venue

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A place where a case is to be tried

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Case Citation

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Indicates where a case may be found in legal publications.

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Bill of Rights

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The first 10 amendments to the U.S constitution.

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Double Jeopardy

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Being punished more than once for the same offense.

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Statutory Law

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Law passed by Legislatures.

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Case law

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Law promulgated in cases decided by the courts

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Common Law

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Law generally dervied from ancients usages and custons or from judgments and decrees of courts recognizing, affirming, and enforcing them.

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Judical Review

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The power of courts to declare law or acts unconstitutional.

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Rule of Law

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No person is above the law.

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Incorporation Controversy

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Issue of whether the Bill of Rights protects only against violations of rights by federal officials or whether it also protects against violation of rights by state officials.

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Selective Incorporation

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Only those rights considered fundamental should be applied to the states.

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Total Incorporation

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All the rights in the Bill of Rights should be held as apllying to the States.

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Total Incorporation Plus

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In addition to applying all the provisions of the Bill of Rights to the states, other rights ought to be added, sick as the right to clean air, clean water, and clean environment.

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Case-by-case Incorporation

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Examines the facts of a specific case to determines whether there is an injustice so serious as to justify extending the provisions of the Bill of Rights to this particular case.

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Fundamental Rights

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The very essence of scheme of ordered liberty, and principles of Justice so rooted in the tradtions and conscience of our people as to be ranked as fundamental.

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Criminal Procedure

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The process followed by the police and the courts in the apprehension and punishment of criminals.

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Complaint

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A charge made before a proper law enforcement or judical officer alleging the commission of a criminal offense.

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Arrest

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The taking of a person into custody for the purpose of criminal prosecution or interrogation.

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Citation

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An order issued by a court or law enforcement officers requiring the person to appear in court at a specified date to answer certain charges.

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Summons

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A writ directed to the sheriff or other officer requiring the officer to notify a person that he or she must appear in court on a day named and answer the complaint.

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Benched Warrant

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A process issued by the court for the attachment or arrest of a person.

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Booking

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Making an entry in the police blotter or arrest book indicating the suspect's name, the time of arrest, and the offense involved.

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Miranda Warnings

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The warning about the right against self-incrimination and the right to counsel that must be given to a person who is under custodial interrogation.

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Presentment (arraingment on the warrant)

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The step of initial appearance before a magistrate.

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Bail

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The security required by the court and given by the accused to ensure the accused's attendance in court at a specified time.

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Release of Recognizance (ROR)

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The release of a person without monetary bail. This usually happens when the accused has strong ties in the community and seems likely to appear for trial.

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Preliminary Hearing

(Preliminary examination or examining trial)

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A hearing held before a judge or magistrate within a reasonably short time after arrest.

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Determination of probable Cause

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The primary purpose of the preliminary hearing is to ascertain whether there is probable cause to support the charges against the accused. if not, charges are dismissed.

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Discovery

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The procedure used in a case to obtain information from the other party.

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Exculpatory

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That tend to establish innocence.

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Incriminatory

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That which tends to establish guilt

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Decision on binding over

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Some states use the preliminary hearing to determine if the accused will be "bound over" for a grand jury hearing.

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Nolle Prosequi Motion

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A motion seeking dismissal of charges.

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Indictment

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A written accusation of a crime filed by the grand jury.

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Information

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A criminal charges filed by the prosecutor without the intervention of a grand jury.

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Grand Jury

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A jury that usually determines whether a person should be charges with an offense.

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Bill of Indictment

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A written accusation of a crime submitted to the grand jury by the prosecutor

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Arraignment

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The appearance of an accused in court where he or she is informed of the charges and asked to plea.

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Capias

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A warrant issued by the court for an officer to take a defendant into custody.

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Plea

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An accused's response in court to the indictment or information.

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Nolo Contendere Plea

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A plea of " no contest".

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Alford Plea

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A plea in which the defendant claims innocence yet plead guilty for other reasons.

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Plea Bargain

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Defendant agrees to plead guilty in exchange for a lower charge, a lower sentence, or other considerations.

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Venire

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A groups of prospective jurors assembled according to procedures established by law.

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Voire Dire

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A process in which prospective jurors are questioned to determine whether there are grounds for challenge

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Challenge of Cause

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A challenge for the dismissal of a juror based on causes specified by law

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Peremptory Challenge

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The dismissal of a prospective juror for reasons that need not to be stated.

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Rebuttal Evidence

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Evidence presented to destroy the credibility of witnesses or any evidence presented by the other side in a case.

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Motion

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A request made orally or in writing, asking the judge for a legal ruling on a something related to a case.

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Prima Facie Case

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A case that is strong enough to prevail if it is not contradicted by the opposing party.

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Motion for a Directed Verdict for Acquittal

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A motion filed by the defense seeking acquittal of the accused before the prosecution failed to introduced sufficient evidence to convict the defendant.

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Motion for Mistrial

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A motion filed seeking for the trial to be declared invalid before it is completed alleging improper conduct.

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Sequestration

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An order by the court keeping the jurors together during trial or deliberation and not allowing them to go home at night or weekends.

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Verdict

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The pronouncement of defendant's guilt or innocence. A 3rd pronouncement relating to mental health can occur in some state.

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Hung Jury

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A jury that cannot agree to convict or acquit an accused.

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Acquittal

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"Not guilty" terminates the case immediately and sets the defendant free.

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Jury Nullification

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When a jury decides a case contrary to the weight of evidence presented during trial.

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Bifurcated Procedure

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A trial procedure where the guilt-innocence stage and the sentencing stage are separated.

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Affirmation

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The decision of the lower courts is upheld on appeal.

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Reversal

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The decision of the lower court is overthrown on appeal

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Reverse-and-remand decision

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The lower court's decision is reversed but the lower court can hear further arguments and give another decision in the case.

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Habeas Corpus

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A writ directed to a person detaining another commanding that person to produce the body of a person who is imprisoned or detailed in court and explain why detention should be continued.

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Felony

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A crime usually punishable by death or imprisonment in a prison for more than one year.

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Misdemeanor

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A crime usually punishable with jail time or other non-prison penalties

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Probable Cause

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More than bare suspicion; it exists when the "facts and circumstances within the officers" knowledge and of which they has reasonably trustworthy information are sufficient in themselves to warrant a men of reasonable caution in the belief that an offense has been or is being committed.

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Man of Reasonable Caution

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Refers to the average man or woman on the street. it does not refer to a person with training the law.

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Level of Proof

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The degree of certainty required by law for an act by government agents to be legal.

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Reasonable Suspicion

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"Quantum of Knowledge" sufficient to induce an ordinarily prudent and cautious man under similar circumstances to believe criminal activity is at hand.

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Exclusionary Rule

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States that evidence obtained by the government in violation of the fourth amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt.

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Judge-made Rule

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A rule crafted by judges not provided for in the constitution.

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Silver Platter Doctrine

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Permitted federal courts to admit evidence illegally seized by state law enforcement officer and handed over to federal officers for use in federal cases.

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Harmless Error

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The evidence erroneously admitted by the trial court did not contribute to the conviction and there is other evidence to support the verdict.

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Standing

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A legal concept that determines whether a person can legally file a lawsuit or submit a petition to the court.

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Fruit of the Poisonous Tree Doctrine

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Once the primary evidence is shown to have unlawfully obtained, any secondary evidence derived from it is also inadmissible.

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Good Faith Exception

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Evidence obtained by the police is admissible even if there was an error or mistake, as long as the error or mistake was not committed by the police, or, if committed by the police, it was honest and reasonable.

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Inevitable Discovery Exception

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Evidence is admissible if the police can prove that they would inevitably have discovered the evidence anyway by lawful means.

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Purged Taint Exception

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Evidence obtained is admissible if the defendant's subsequent voluntary act dissipates the taint of the initial illegality.

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Independent Source Exception

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Evidence obtained is admissible if the police can prove that it was obtained from an independent source not connected with the illegal search or seizure.

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County of Riverside V. Mclaughlin (1991)

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Detention of a suspect for forty-eight hours without any probable cause hearing is presumptively reasonable. if the time to the hearing is longer than that, the burden of proof shifts to the police to prove reasonablenesses But if the time to the hearing is shorter, the burden of proof to establish unreasonable delay rests on the person detained.

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North Carolina V. Alford (1979)

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A guilty plea is not invalid simply because the defendant does not admit guilt or even continuous to assert innocence, provided that there is some basis in the record for the rights involved, not an admission of guilt.

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Santobello V. New York (1971)

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Once the trial court accepts a guilty plea entered in accordance with plea bargain, the defendant has a right to have the bargain enforced. therefore the judge must decide either to enforce the agreement or to allow the defendant to withdraw the guilty plea.

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Boykin V. Alabama (1969)

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When the defendant plead guilty, the record must show affirmatively that the plea was voluntary and that the accused had a full understanding of its consequences. Otherwise, the plea is invalid.

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Duncan V. Louisiana (1968)

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The function of a jury is to "guard against the exercise or arbitrary power".

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Mapp V. Ohio (1961)

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The exclusionary rule, which prohibits the use of evidence obtained as a result of unreasonable search and seizure, is applicable to state criminal proceedings.

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Elins V. United States (1960)

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The fourth Amendment prohibits the use of illegally obtained evidence in federal prosecutions, whether the evidence is obtained by federal or state officers. This case did away with the silver platter doctrine.

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1st Amendment

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Freedom of religion.

Freedom of speech.

Freedom of the press.

Freedom of assembly.

Freedom to petition the government for redress of grievances.

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4th Amendment

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Freedom from unreasonable searches and seizures.

This is the most important constitution right in policing because it involves detention, stops, arrest, and searches of people, motor vehicles, and places.

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5th Amendment

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Right to a grand jury indictment for a capital or other serious crimes protection against double jeopardy.

Protection against self-incrimination.

Prohibits the taking of life, liberty, or property without due process of life.

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6th Amendment

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Right to a speedy and public trail.

Right to an impartial jury.

Right to be informed of the nature and cause of the accusation.

Right to confront witnesses.

Right to summon witnesses.

Right to assistance of counsel.

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8th Amendment

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Protection against excessive bail.

Protection against cruel and unusual punishment.

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14th Amendment

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Right to due process.

Right to equal protection.