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61 Cards in this Set
- Front
- Back
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The body of laws governing how things should be done at each stage of the criminal justice process
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Procedural Law
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Requirments for introducing evidence and testimony into court
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Rules of Evidence
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A rule that prohibits the use of evidence or testimony obtained in violation of the 4th and 5th amendment
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Exclusionary rule
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Court case that established the exclusionary rule
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Weeks v. United States
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Court case that established the fruits of he posinos tree doctrine
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Silverthorne Lumber Co. v. United States
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Court case that established that all states must adhere to the exclusionary rule
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Mapp v. Ohio
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A rule of evidence that extends the exclusionary rule to secondary evidence obtained indirectly in an unconstitutional serch
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Fruit of the Poisoned Tree Doctrine
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The right of police to serch a person who has been arrested without a warrant
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Serch Incident to Lawful Arrest
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The right of the police to gather without a warrant evidence that isle clearly visable
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Plain-Veiw Search
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Terms allowing admissibility of evidence obtained by police in a warrentless serch of a car when the police have probable cause that a crime has occured and delaying a serch could result in losing evidence
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Carroll Doctrine
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The right of the police to serch for a concealed weapon on the basis of resonable suspicion
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Pat-down Doctrine
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THe right of the police to serch without probable cause when not to do so coulde pose a threat of harm to the public
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Public safety exception
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States that a police oficer can use evidence collected, even if the warrant is not valid, if the officer at the time thought the serch was legal
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Good faith exception
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The right to have an attorney free of charge by the state if the defendent can't afford one
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Indigent defence
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Rights that provide protection from self-incrimination and confer the right to an attorney, of which citizens must be informed of before police arrest and interigation
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Miranda Rights
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A law that allows for the detention of a person who has not commited a crime but is susspected of having information about a crime and might flee of refuse to cooperate with law enforcment officials
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Material witness law
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The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
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Fourth Amendment
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Court case that established that police may serch the imeadiate area around a suspect and no further
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Chimel v. U.S.
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Court case that determined that officers who are conducting a lawful search under the authority of a warrant may detain persons found occupying the premises being searched while the search is taking place
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Muehler v. Mena
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Court case that established that reasonable suspicion is needed to “stop and frisk.”
The facts must lead officers to suspect that crimes may be occurring, and that suspects may be armed |
Terry v. Ohio
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Doctrine, that was later overtured, that allowed police to use deadly force against a fleeing suspect
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Fleeing-felon doctrine
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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence
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Sixth Amendment
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The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
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Elenenth Amendment
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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
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Tenth Amendment
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A request that a court with appellate jurisdiction review the judgment, decision, or order of a lower court and set it aside or modify it.
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Appeal
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The lawful authority of a court to review a decision made by a lower court
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Appellate jurisdiction
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A written statement submitted by an appellant’s attorney that states the substantial constitutional or federal issue that they believe the court should address
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Brief
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The political division of jurisdiction into two seperate systems of courts
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Dual Court System
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the power of the U.S. Supreme Court to review legislation for the purpose of deciding the constitutionality of the law
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Judicial Review
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U.S. Supreme Court cases that determine how the Constitution is to be interpreted
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Landmark cases
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A private wrong that causes physical harm to another
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Tort
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An order to a lower court to forward the record of a case to the U.S. Supreme Court for review
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Writ of Certiorari
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How many US district courts are there
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96
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Brought before the court that will exercise jurisdiction over the case. Formal charges are brought. A plea is entered.
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Arraignment
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What are four alternatives to a cash bond?
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Release on Recognizance (ROR)
Unsecured Bond Signature Bond Conditional Release |
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Evidence that implies that the defendant is connected to the crime but does not prove it
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Circumstantial Evidence
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The process through which a jury is selected from the members of the jury pool who have been determined to be eligible for service
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Voir dire
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What are the nine stages of the trial
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Trial is placed on the court docket.
Pretrial motions. Jury Selection (voir dire). Opening Statements. Witness Testimony. Closing Arguments. The Judge’s Charge to the Jury. Jury Deliberations and the Verdict. Sentencing. |
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THe speedy trial act of 1974 states that a defendent must be brought to trial within ____ days of arrest or the charges could be dismissed
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100
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The administration of bodily pain as punishment
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Corporal Punishment
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A model of sentencing in which judges have nearly complete discretion in sentencing an offender
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Indeterminate Sentencing
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A model of criminal punishment in which an offender is given a fixed term of incarceration
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Determinate Sentencing
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The philosophy and practices that emphasize making criminal behavior less appealing
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Deterrence
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Based on the premise that people who witness the pain suffered by those who commit crimes will desire to avoid that pain and will refrain from criminal activity
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General Deterrence
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Based on the premise that a person is best deterred from committing future crimes by the specific nature of the punishmen
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Specific Deterrence
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Based on the premise that the only way to prevent criminals from reoffending is to remove them from society.
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Incapacitation
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Based on the premise that criminals should be punished because they deserve it
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Retribution
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Based on the premise that criminals can be “cured” of their problems and criminality and can be returned to society.
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Rehabilitation
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A model of deterrence that uses restitution programs, community work programs, victim-offender mediation, and other strategies to not only rehabilitate the offender but also to address the damage done to the community and the victim.
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Restoration
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A structured sentencing scheme that allows no leeway in the nature of the sentence required and under which clearly enumerated punishments are mandated for the specific offenses
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Mandatory Sentencing
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The examination of a convicted offender’s background prior to sentencing
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Presentence Investigation
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A structured sentrencing model that attemps to balance sentencing guidlines with manadatory sentencing and at the same time provide discretion to the judge
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Presumptive sentencing
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A close correspondence between the sentence imposed upon those sent to prison and the time actually served prior to being released.
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Truth in Sentencing
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an option for doing justice after the occurrence of an offence that is primarily oriented towards repairing the individual, relational and social harm caused by that offence
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Restorative justice
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Three core principles of restorative justice are:
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Criminal conduct violates both people and their relationships with one another
Crime results in both obligations and liabilities for offenders The purpose of restorative justice is to facilitate community healing by repairing the harm that results from crime |
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The most common rehabilitative approach in the correctional domain is based on the detection, management, and monitoring of an offender's profile of risk factors
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The Risk–Need–Responsivity Model
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rehabilitation concerned with assisting offenders to achieve their goals as well as managing their risk
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The Good Lives Model
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Sykes describes five kinds of deprivation experienced by" inmates, what are they?
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Loss of liberty, goods and services, heterosexual relationships, personal autonomy, and security
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THe movment of mentally ill offenders from long-term care hospitalization to coummunity based care
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Deinstitutionalization
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How much does in cost per prisoner per year
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$27,000
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The jail population has ____ since 1983
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Doubled
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