Criminal Justice 200 Chapter 7

Front 1

Bill of Rights

Back 1

Popular name given to the first 10 ammendments to the United States Constitution. They are considered especially important in the processing of criminal defendants.

Front 2

Landmark Case

Back 2

A precedent-setting court decision that produces substantial changes in both the understanding of the requirements of due process and the practical day-to-day operations of the justice system.

Front 3

Exclusionary Rule

Back 3

Understanding based on United Dtates Supreme Court precedent that incriminating information must be seized according to the constitutional specifications of due process or it will not be used as evidence in a criminal trial.

Front 4

Illegally Seized Evidence

Back 4

Evidence seized without regard to the principles of due process as described by the Bill of Rights.

Front 5

Writ of Certiorari

Back 5

Writ issued from an appellate court for the purpose of obtaining from a lower court the record of its proceedings in a particular case.

Front 6

Fruit of the Poisonous Tree Doctrine

Back 6

Legal principle that excludes from introduction at trial any evidence developed as a result of an illegal search and seizure.

Front 7

Good-Faith Exception

Back 7

Exception to the exclusuonary rule when evidence is illegally obtained, but the officers thought that they were following the law.

Front 8

Probable Cause

Back 8

A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime. (Reasonable grounds to make or believe an accusation.)

Front 9

Plain View

Back 9

Legal term describing the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure if those objects.

Front 10

Emergency Search

Back 10

Search conducted by the police without a warrant, which is justified on the basis of some immediate or overiding need, such as public safety, the escape of a dangerous suspect, or the removal or destruction of evidence.

Front 11

Anticipatory Warrant

Back 11

Search warrant issued on the basis of probable cause to believe that evidence of a crime that will be there when the warrant is executed.

Front 12

Arrest

Back 12

The act of taking an adult or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense, a delinquent act, or a status offense, terminating with the recording of the physical offense.

Front 13

Search Incident to an Arrest

Back 13

Warrantless search of an atrested individual conducted to ensure the safety of the arresting officer.

Front 14

Reasonable Suspicion

Back 14

The level of suspicion that would justify an officer in making further inquiry or in conducting further investigation.

Front 15

Fleeting-Targets Exception

Back 15

Exception to the exclusionary rule that permits law enforcement officers to search a vehicle based on probable cause and without a search warrant.

Front 16

Compelling Interest

Back 16

Legal concept that provides the basis for suspicionless searches when public safety is at risk.

Front 17

Suspicionless Search

Back 17

Search conducted without a warrant and without suspicion. Only can happen if there is a public safety concern.

Front 18

Interrogation

Back 18

Information gathering activity of police officers that involves the direct questioning of suspects.

Front 19

Inherent Coercion

Back 19

Non physical pressuring of someone to talk.

Front 20

Psychological Manipulation

Back 20

Manipulative actions by police interviewers that pressure suspects to talk based on subtle forms of control.

Front 21

Miranda Warnings

Back 21

Advisement of rights due criminal suspects by the police before questioning begins.

Front 22

Miranda Triggers

Back 22

Dual principles of custody and interrogation which are both necessary before an advisement of rights are required.

Front 23

Electronic Communications Privacy Act (ECPA)

Back 23

Law passed by Congress in 1986 that establishes due process to intercept wire communications.

Front 24

Electronic Device

Back 24

Information and data of an investigative value that are stored in or transmitted by an electronic device.

Front 25

Latent Evidence

Back 25

Evidence of relevance toba criminal investigation that is not readily seen by unaided eye.

Front 26

Digital Criminal Forensics

Back 26

Lawful seizure, aquidition, analysis, reporting, and safeguarding data from digital devices that may contain evidence.