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42 Cards in this Set
- Front
- Back
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Objective basis |
Government officials have to back up their encroachments on liberty and privacy with facts |
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Arrest |
Taking someone into custody without their consent |
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Probable cause to arrest |
Facts and circumstances that would lead a cop to believe a crime has been, is being, or is about to be committed and the person suspected has committed it |
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Knock-and-announce rule |
A home search is reasonable if officers get a warrant, knock and say "open up, police", wait ten seconds, then knock down door to make arrest |
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Search incident to arrest rule |
A cop who lawfully arrests a suspect can search them and the "grabbable" area around the suspect without a warrant or probable cause |
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Consent search rule |
People can give up their right against unreasonable searches voluntarily |
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Reasonable suspicion |
Facts and circumstances that would lead a cop to suspect a crime may be afoot |
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Custodial interrogation |
Miranda warnings are required if suspects are in custody and cops interrogate them |
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Public safety exception |
Miranda warning aren't required if giving them could endanger others nearby |
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Knockdown force |
Enough force to knock suspect on ground |
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Objective standard of reasonable force |
4th amendment permits cops to use necessary force to apprehend suspects |
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Racial profiling |
Law enforcement decisions based on race |
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Profiles |
Decisions based on group characteristics instead of individual behavior |
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Presumption of regularity |
Government actions are presumed to be lawful and free of discrimination |
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Doctrine of official immunity |
Officers aren't liable for their misconduct unless it's intentional |
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Defense of qualified immunity |
Officers aren't liable for their "objectively reasonable" actions |
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Limited jurisdiction |
Power to decide misdemeanors and conduct preliminary proceedings in felony cases |
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General jurisdiction |
Power to decide all felony cases from capital murder to theft, and also review lower court decisions |
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Appellate courts |
Courts that review the proceedings in the trial court |
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Petition for a writ of Habeas Corpus |
Asks Supreme Court to order a (jail) official to come to court and justify a prisoner's imprisonment |
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Petition for a writ of certiorari |
Asks Supreme Court to order another court to send up records of a proceeding for review |
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Courtroom work group |
Social organizations made up of prosecutors, judges, and defense lawyers |
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Due process mission |
Ensure the decision making process is fair according to laws and the Constitution |
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Adjudication |
Decision making in open court according to the adversary process |
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Merit system (Missouri Bar plan) |
A commission made up of lawyers, citizens, and an incumbent judge draw up nominees. Governors appoint judges from the list for a short term, then they have to be elected |
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Prosecutor horizontal case assignment |
Assistant prosecutors are assigned to manage one stage of the prosecution |
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Prosecutor vertical case assignment |
Assistant prosecutors are assigned to manage all stages of a specific case |
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Community prosecution |
"Grassroots approach to justice"; community, law enforcement, and government agencies work together to solve neighborhood problems and crime |
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Strength of the case |
Amount of evidence against suspect |
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Social structure of the case |
Extra legal influences on the prosecutor's decision to charge |
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Retained counsel |
Lawyers paid for by the client |
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Appointed counsel |
Lawyers assigned to people who can't afford their own |
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Public defenders |
Full-time defense lawyers paid for by local tax payers |
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Assigned counsel |
Lawyers in private practice selected for a list on a rotating basis either for a fee or pro bono |
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Contract attorneys |
Private attorneys under contracts with local jurisdictions to represent indigent defendants for an agreed upon fee |
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Bail |
Release of defendants until their cases are decided |
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Preventive detention |
Detaining defendants for public safety |
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Test the government's case |
An independent review of the prosecutor's decision to chsrge, to make sure there's enough evidence to justify the time and expense of trial |
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Preliminary hearings |
Judges review prosecutor's charging decisions to determine whether there's probable cause to continue the case |
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Indictment |
Formal written accusation by the grand jury |
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Information |
A charging document initiated by the prosecutor |
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Arraignment |
Bringing defendants to open court, reading the charges against them, and demanding a plea |
