Criminal Law Final

Front 1

due process

Back 1

require government to treat people fairly
safety net that protects an individual when when constitutional provisions do not

Front 2

principle of legality

Back 2

requires that criminal laws and punishments are written and enacted before an act may be punished.

Front 3

transactional immunity

Back 3

freedom from prosecution for all crimes related to the compelled testimony, so long as the witness tells the truth

Front 4

ex post facto

Back 4

makes an act illegal after the act was taken
increases the punishment or severity of crime after it occurred
changes the procedural rules to increase the chances of conviction after the crime occurs

Front 5

criminal procedure

Back 5

methods uses to bringing an alleged criminal to justice

Front 6

adversarial

Back 6

judge acts as a referee between opposing sides
theory:truth is more likely to be discovered with two competing parties
each conducts own investigation
gives different theories and facts
each presents own case
judges must remain neutral

Front 7

accusatorial

Back 7

the government is the accuser and must prove defendants guilt
designed to minimize convicting an innocent person
if fail to prove guilt defendant is entitled to acquittal or directed verdict

Front 8

due process model

Back 8

failure to detect/prosecute a criminal is failure to the gov't
focuses on integrity of individual rights not rights of the community to be free from crime

Front 9

factual guilt

Back 9

whether defendant has in fact committed a crime

Front 10

legal guilt

Back 10

concerned with factual guilt and if the defendants rights have been respected by government while investigating

Front 11

law enforcement

Back 11

keep the peace
investigate possible wrongdoing
decide whether to conduct investigation, arrest
ethics: obligation to keep within constitutional limits
duty to serve community

Front 12

prosecutors

Back 12

govt attorneys responsible for prosecuting violaters
preparing/filing documents
pretrial activity
appearing in court
ethics: model code of professional responsibility
model rules of professional
conduct

Front 13

judges

Back 13

in criminal: responsible for giving warrants, supervising pretrial, presiding over hearings, sentencing, fair and impartial

Front 14

defense attorneys

Back 14

6th amendment: all persons have right to be represented
public defenders provided for free

Front 15

legal assistants

Back 15

conduct interviews, legal research, preparing drafts, filing
bound to confidentiality rule

Front 16

victims

Back 16

"victim in fact"-person assaulted, battered, raped, robbed
law enforcement may decline to make an arrest if victim doesnt want to pursue it.
may be required to testify at pretrial
file nolle prosequi

Front 17

nolle prosequi

Back 17

ending of a criminal case because the prosecutor decides or agrees to stop prosecuting

Front 18

victim impact statement

Back 18

statement made to the court describing how the family or victim has been affected since the crime.

Front 19

14th amendment

Back 19

contain due process clause

Front 20

expansion

Back 20

extends right beyond its most narrow reading
right to privacy implicit in constitution
ex. what happens in your home is your own business

Front 21

exclusionary rule

Back 21

applies to primary evidence
illegally gathered evidence may not be used in criminal trial

Front 22

standing

Back 22

persons rights to bring or join a lawsuit because he or she is directly affected by the issues raised
person is illegally searched and another persons illegal property was there too
persons who home it was cannot be charge because it was illegally obtained but persons who stuff it was can be evidence because it wasnt their home.

Front 23

probable clause

Back 23

officers must present sufficient facts to convince a judge to issue a search warrant

Front 24

exigent circumstances

Back 24

law enforcement officers must act so quickly to prevent the destruction of evidence, flight of a suspect, serious injury or death to any person when there is isnt time to obtain a search warrant

Front 25

consent

Back 25

person allows an officer to enter home and search
can decide where they are allowed to look
can tell them when to stop searching whenever they want

Front 26

plain view doctrine

Back 26

rule that if police see or come across something while acting lawfully that item may be used as evidence in a criminal trial even if they do not have a warrant for it.

Front 27

interrogation

Back 27

officers question a person they suspect has committed a crime

Front 28

confession

Back 28

voluntary statement by a person that he or she is guilty of a crime

Front 29

admission

Back 29

voluntary statement that a fact or state of events is true

Front 30

miranda

Back 30

warnings
suspect must be informed of their rights

Front 31

custodial interrogation

Back 31

defendant must be in custody before questioning is considered interrogation

Front 32

waiver

Back 32

defendant may waive the rights to have assistance of counsel and or to remain silent
must be voluntary and knowing

Front 33

express waiver

Back 33

written/recorded statement that says they dont want counsel is best for prosecution

Front 34

methods of identification

Back 34

eyewitness
fingerprinting
blood tests
lineups
photograph

Front 35

fairness right

Back 35

accused is entitled to a fair lineup
one that is not suggestive of guilt
all people must be of the same physical appearance

Front 36

arrest

Back 36

official taking of a person to answer criminal charges.
search him, go to police booked, mug shot, jail
depriving them temporarily of their liberty and may involve force

Front 37

complaint

Back 37

formal documentation charging a person with a crime
outlines detail of case
filed by arresting officer

Front 38

initial appearance

Back 38

appearance within 24 hours
court will appoint counsel
bail is set
time to gather additional evidence
hearing date is set

Front 39

arraignment

Back 39

defendant is read formal charge
plea agreement
asked to enter plea

Front 40

bail

Back 40

money or property given as security for a defendants appearance in court.
money will not be returned if defendant fails to go to court

Front 41

8th amendment

Back 41

"excessive bail"

Front 42

indictment

Back 42

a sworn, written accusation of a crime made against a person by a prosecutor or grand jury

Front 43

grand jury

Back 43

persons who receive complaints and accusations of crime
hear preliminary evidence on the complaining side
make formal accusations or indictments.
they are closed
prosecutor runs the show, defendant not allowed to present evidence or make a statement

Front 44

plea bargain

Back 44

negotiations between prosecutor and a criminal defendants lawyer in the attempt to resolve a criminal case without trial
90% of all felony cases use this

Front 45

discovery

Back 45

formal and informal exchange of information between the prosecution and the defense