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;
28 Cards in this Set
- Front
- Back
|
Exclusionary Rule |
requirement that evidence obtained in violation of the constitution during all illegal arrest, search, or other process cannot be used in criminal trial |
|
|
Mechanism for release |
1.) Bail 2.) Release on their own recognizance 3.) Preventive Detention |
|
|
Bail |
To effect the release of an accused person with custody bail |
|
|
Bail Bandsman |
Person whose business it is to effect release in bail for people charges with offenses and held in custody by pledging to pay a sum money if the defendant fails to appear in court as required. |
|
|
Release on Recognizance |
unsecured pretrial release of an accused person with the assumption that he or she will show up for subsequent schedule court hearing |
|
|
Preventive Detention |
Statuary authorization to deny bail to dangerous persons charged with certain offense up o 60 days |
|
|
Steps in Voir Dire process |
1.) questioning by judge 2.) Challenging for cause 3.) Peremptory challenges |
|
|
Questioning by the judge |
Concerning familiarity with the case, attitudes toward one or other party, demographic information, etc |
|
|
Challenging for Cause |
Defense and prosecution have unlimited number
excluded potential jurors due to bias
make it more equal |
|
|
Peremptory Challenge |
Right to challenge a juror without disclosing reason for the challenge
|
|
|
Restorative Justice two concepts |
1.) harm 2.) Repair |
|
|
DNA errors |
Mix up, sample contamination or DNA degradation |
|
|
Goals of Sentencing |
Rehabilitation, Retribution, incapacitation
|
|
|
Rehabilitation |
planned intervention intended to change behaviors |
|
|
Retribution |
Designed to punish offender for what they did |
|
|
Incapacitation |
Remove individuals from society through incarceration |
|
|
Waller vs. Georgia |
Three part test for determining when the government can close a trial to the public |
|
|
Prosecutors evidence |
Occurs after opening statements have concluded |
|
|
Direct evidence |
proves a fact without the need for the jury to infer anything |
|
|
Circumstantial evidence |
indirectly proves facts |
|
|
Real Evidence |
Any tangible item than can be perceived with the 5 sense |
|
|
Testimonial evidence |
Information someone supplies |
|
|
Demonstrative evidence |
seeks to demonstrate a certain point |
|
|
Material evidence |
Relevent and goes to substantial matters in disputes or has legitimate influence on the decisions of the case |
|
|
Jury Decision making |
Capital jury project
Over 1,000 interviews from over 300 capital trials in 14 states 1.) Procedural Characteristic 2.) Juror Characteristic 3.) Case Characteristic 4.) Deliberation Characteristic |
|
|
Capital jury project |
ongoing study exam post trial interviews |
|
|
How many people are on probation in the U.S |
5 million |
|
|
Habeas Corpus |
" you have the body" |
