Crj Exam 3

Front 1

What protections do the forth amendment offer?

Back 1

The right of people to be secure in their persons, houses, paper, and effects against the unreasonable searches and seizures.

Front 2

What are the four sources that may provide probable cause

Back 2

personal observation

association

information

evidence

Front 3

a rule under which any evidence obtained in violation of the accused's rights, as well as any evidence derived from illegally obtained evidence, shall not be admissible in criminal court.

Back 3

Exclusionary Rule

Front 4

Evidence that is acquired through illegally obtained evidence and there fore is inadmissible in court

Back 4

Fruit of the Poisoned Tree

Front 5

What are two exceptions to the exclusionary rule?

Back 5

inevitable discovery and good faith

Front 6

a separate act of detaining a subject when an officer reasonably believes that a crime is about to take place.

Back 6

stop

Front 7

physical pat down of the suspect

Back 7

frisk

Front 8

In Terry v. Ohio the Supreme Court ruled that...

Back 8

an officer must have "specific and articulable facts" before making a stop.

Front 9

What is the difference between a stop and an arrest

Back 9

During a stop the police can interrogate the person and search their outer clothing

During an arrest the suspect is now in police custody and is protected by the constitution in a number of ways.

Front 10

What are the four elements that must be present for an arrest to take place

Back 10

The intent,

The authority to arrest,

Sezure,

understanding

Front 11

What are the requirements for entering a dwelling as noted by the Supreme Court?

Back 11

police must knock and say their identity and purpose before entering a dwelling.

Front 12

What are the requirements to make an arrest without a warrant and how does the type of crime play into it?

Back 12

the crime happens within the officers vision. The officer has knowledge that a crime has been committed and probable cause against the suspect. The officer can also arrest any suspect who has committed a felony.

Front 13

Seizure

Back 13

The forcible taking of a person or property in violation of the law.

Front 14

What type of searches may occur in the absence of a search warrant?

Back 14

When they are made with voluntary consent, When they are incidental to the arrest, When property has been abandoned, and when items are in plain view.

Front 15

The Miranda Rights (located in the fifth amendment) must be stated to the suspect before...

Back 15

an interrogation

Front 16

Describe Due Process

Back 16

protect individuals from the unfair advantage that the government has in legal battles

Front 17

Describe Crime Control

Back 17

distinguishs between the court's obligation to be fair to the accused and its obligation to be fair to society

Front 18

Describe rehabilitation

Back 18

The criminal is seen as sick, not evil, and therefore treatment is morally justified.

Front 19

Describe bureaucratic within the court system.

Back 19

The court is concerned with speed and efficiency. and loftier concepts such as justice can be secondary when you are trying to reach a deadline.

Front 20

Describe jurisdiction and provide an example.

Back 20

relates to the power of the court to hear a particular cause. An example is geographical jurisdiction.

Front 21

The separate but interrelated court system of the U.S.A made up of the courts on the national level and courts on the state level.

Back 21

Duel Court System

Front 22

Outline the several levels of a typical state court system

Back 22

At the lowest level are courts of limited jurisdiction. Next are trial courts of general jurisdiction. The appellate courts, and finally, the state's highest court.

Front 23

Outline the federal court system

Back 23

At the lowest level are the U.S district courts, next are the U.S court of appeals and finally the United States Supreme Court.

Front 24

Explain the difference between trial and appellate Courts.

Back 24

Trial courts are courts of the first instance, where a case is first heard. Appellate courts review the proceedings of a lower court and they do not have juries.

Front 25

What makes up the Supreme Court and its jurisdiction.

Back 25

The Supreme Court consists of nine justices (a chief justice and eight associate justices).

Front 26

Where does the Supreme Court do most of its work?

Back 26

Most of the Curt's work is an appellate court. It has appellate authority over cases decided by the U.S court of appeals, as well as some cases decided in the state courts when federal questions are an issue.

Front 27

How are decisions rendered by the Supreme Court.

Back 27

They do not hear any evidence. The court's decision is based on written records.

Front 28

List the members of the courtroom work group

Back 28

judge, prosecutor, defense attorney, the bailiff, the clerk, court reporters

Front 29

The roles

prosecutor:

bailiff:

the clerk:

Back 29

: brings charges in the name of the people against the accused : is responsible for maintaining security and order in the judge's chambers and the courtroom : accepts all pleas. motions, and other matters to be acted on by the judge.

Front 30

Describe the various procedures that exist for the selection of a judge.

Back 30

Partisan elections: elections in which candidates are affiliated with and receive support from political parties. Nonpartisan elections: elections in which candidates are presented on the ballot without any party affiliation

Front 31

the list of cases entered on a court's calendar and thus scheduled to be heard by the court.

Back 31

docket- managed in the administrative role of a judge.

Front 32

What rights are defendants afforded within the Sixth Amendment

Back 32

right to a speedy trial by an impartial jury in the district where the crime was committed, they shall be informed of the nature and cause of the accusation, to be confronted with the witnesses against them, and to have to process of having witnesses in their favor.

Front 33

Guidelines for statutes of limitations

Back 33

no more than 30 days between arrest and indictment. no more than 10 days between indictment and arraignment. no more than 70 days between arraignment and trial.

Front 34

Who has the burden of proving guilt

Back 34

The burden falls on the state.

Front 35

What is the standard of proof in a criminal trial?

Back 35

beyond a reasonable doubt. The high standard of proof reflects a fundamental social value that it is worse to convict an innocent individual then to let a guilty one go free.

Front 36

What are the typical requirements for a juror to meet?

Back 36

U.S citizen, over 18 years of age, free of felonies, healthy, intelligence, fluent in English.

Front 37

Describe the steps in selecting a jury

Back 37

master jury list, venire, Voir dire

Front 38

The list of citizens in a court's district from which a jury can be selected.

Back 38

Master Jury List

Front 39

the group of citizens from which the jury is selected

Back 39

Venire

Front 40

The preliminary questions that a trial attorney asks prospective jurors to determine whether they are bias or have any connection with the defendants or witnesses.

Back 40

Voir dire

Front 41

Arraignment

Back 41

the formal reading or a criminal charging document in the presence of the defendant to inform the defendant of the charges against them.

Front 42

an instruction by a judge to a deadlock jury with only a few dissenters that ask the jury in the minority to reconsider the majority opinion.

Back 42

Allen charge

Front 43

The process of seeking a higher court's review of a lower court's decision for the purpose of correcting or changing the decision.

Back 43

appeal