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73 Cards in this Set

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  • Back
What are some examples ofsearches that are allowed to be conducted without a warrant? Why are thesesearches allowed?
Searches incidental to arrests:

Searches for weapons and evidence that are conducted on persons who have just been arrested.




As long as the original arrest was based on probable cause, these searches are valid for two reasons:


1. The need for a police officer to find and confiscate any weapons a suspect may be carrying.


2. The need to protect any evidence on the suspect’s person from being destroyed.




Consent Searches


Searches by police that are made after the subject of the search has agreed to the action. In these situations, consent, if given of free will, validates a warrantless search.




The most relevant factors in determining whether consent is voluntary are the following:


1. The age, intelligence, and physical condition of the consenting suspect.


2. Any coercive behavior by the police, such as the language used to request consent.


3. The length of the questioning and its location.




If a court finds that a person has been physically threatened or otherwise coerced into giving consent, the search is invalid




INCIDENT TO LAWFUL ARREST


Police officers may search the area within immediate control of a person after they have arrested him or her.




AUTOMOBILE EXCEPTION


If police officers have probable cause to believe that an automobile contains evidence of a crime, they may, in most instances, search the vehicle without a warrant.




CONSENT
Police officers may search a person without a warrant if that person voluntarily agrees to be searched and has the legal authority to authorize the search.




PLAIN VIEW


If police officers are legally engaged in police work and happen to see evidence of a crime in “plain view,” they may seize it without a warrant.




STOP AND FRISK


Police officers may frisk, or “pat down,” a person if they suspect that the person may be involved in criminal activity or pose a danger to those in the immediate area.




ABANDONED PROPERTY


Any property, such as a hotel room that has been vacated or contraband that has been discarded, may be searched and seized by police officers without a warrant.




HOT PURSUIT


If police officers are in “hot pursuit,” or chasing a person they have probable cause to believe committed a crime, and that person enters a building, the officers may search the building without a warrant.




BORDER SEARCHES


Law enforcement officers on border patrol do not need a warrant to search vehicles crossing the border.

What is the automobile exception?
If police officers have probable cause to believe that an automobile contains evidence of a crime, they may, in most instances, search the vehicle without a warrant.
When can officers search a vehicle without a warrant?
Fourth Amendment does not require police to obtain a warrant to search automobiles or other movable vehicles when the police have probable cause to believe that a vehicle contains contraband or evidence of criminal activity.



warrantless searches are allowed only if:


1. the person being arrested is close enough to the car to grab or destroy evidence or a weapon inside the car


2. the arresting officer reasonably believes that the car contains evidence pertinent to the same crime for which the arrest took place.




Police officers can conduct a warrantless search of an automobile based on circumstances include probable cause of criminal activity, consent of the driver, and “protective searches” to search for weapons if police officers have a reasonable suspicion that such weapons exist.

What protections are afforded by the 5th Amendment?
The Fifth Amendment guarantees protection against self-incrimination
When do police officers need to issue Miranda Warnings?
Generally, Miranda requirements apply only when a suspect is in custody



a Miranda warning is only required before a custodial interrogation takes place.

When do police officers not need to issue Miranda Warnings?
1. When the police do not ask the suspect any questions that are testimonial in nature



2.When the police have not focused on a suspect and are questioning witnesses at the scene of a crime.




3. When a person volunteers information before the police have asked a question.




4. When the suspect has given a private statement to a friend or some other acquaintance. Miranda does not apply to these statements so long as the government did not orchestrate the situation.




5. During a stop and frisk, when no arrest has been made.




6. During a traffic stop.

What is the exclusionary rule?
A rule under which any evidence that is obtained in violation of the accused’s rights, as well as any evidence derived from illegally obtained evidence, will not be admissible in criminal court.
What are the four functions of criminal courts?What do each of these fictions refer to?
The Due Process Function

The due process function of the courts is to protect individuals from the unfair advantages that the government—with its immense resources—automatically enjoys in legal battles.




The Crime Control Function


The crime control function of the courts emphasizes punishment and retribution




The Rehabilitation Function


A third view of the court’s responsibility is based on the “medical model” of the criminal justice system. In this model, criminals are analogous to patients, and the courts perform the role of physicians who dispense “treatment.”




The Bureaucratic Function




The due process function of American courts is to protect individuals from the unfair advantages that the government enjoys during legal proceedings. In contrast, the crime control function of the courts emphasizes punishment—criminals must suffer for the harm they do to society. A third view of the court system focuses on the need to rehabilitate a criminal, in much the same way as a doctor would treat a patient.



What is the different between a trial court and an appellate court?
Courts having original jurisdiction are courts of the first instance, or trial courts.



Trial courts are primarily concerned with questions of fact.




Courts having appellate jurisdiction act as reviewing courts, or appellate courts.




cases can be brought before appellate courts only on appeal by one of the parties in the trial court.




An appellate court does not use juries or witnesses to reach its decision. Instead, its judges make a decision on whether the case should be reversed and remanded, or sent back to the court of original jurisdiction for a new trial.




Appellate judges present written explanations for their decisions, and these opinions of the court are the basis for a great deal of the precedent in the criminal justice system.




appellate courts do not determine the defendant’s guilt or innocence—they only make judgments on questions of procedure.





What is the basic structure of state court systems? Be able to identify what cases would be heard by each court (e.g. lower courts of limited jurisdiction, etc.)

Before any court can hear a case, it must have jurisdiction over the persons involved in the case or its subject matter.




Geographic Jurisdiction


a court can exercise its authority only over residents of a certain area




A state trial court, for example, normally has jurisdictional authority over crimes committed in a particular area of the state, such as a county or a district




A state’s highest court (often called the state supreme court) has jurisdictional authority over the entire state




the United States Supreme Court has jurisdiction over the entire country.




criminal jurisdiction is determined by legislation.




The U.S. Congress or a state legislature can determine what acts are illegal within the geographic boundaries it controls, thus giving federal or state courts jurisdiction over those crimes.




Subject-Matter Jurisdiction


State court systems include courts of general (unlimited) jurisdiction and courts of limited jurisdiction




Courts of general jurisdiction have no restrictions on the subject matter they may address, and therefore deal with the most serious felonies and civil cases.




Courts of limited jurisdiction, also known as lower courts, handle misdemeanors and civil matters under a certain amount, usually $1,000.




many states have created special subject-matter courts that only dispose of cases involving a specific crime.




State courts may include


(1)lower courts, or courts of limited jurisdiction,


(2)trial courts of general jurisdiction,


(3)appellate courts


(4)the state’s highest court.




Magistrates


municipal court judges, preside over courts whose jurisdiction is limited to disputes between private individuals and to crimes punishable by small fines or short jail terms.




magistrates are responsible for providing law enforcement agents with search and seizure warrants




specialty courts


1.Drug courts, which deal only with illegal substance crimes.


2. Gun courts, which have jurisdiction over crimes that involve the illegal use of firearms. 3. Juvenile courts, which specialize in crimes committed by minors.


4. Domestic courts, which deal with crimes of domestic violence, such as child and spousal abuse.


5. Mental health courts, which focus primarily on the treatment and rehabilitation of offenders with mental health problems.

What is the difference between an intermediate appellate court and a State Supreme Court?
Every state has at least one court of appeals (known as an appellate, or reviewing, court), which may be an intermediate appellate court or the state’s highest court.



The decisions of each state’s highest court on all questions of state law are final.




The highest appellate court in a state is usually called the supreme court, but in both New York and Maryland, the highest state court is called the court of appeals.






What is the structure of the federal court system? Be able to identify what cases would be heard by each court?
the federal court system is basically a three-tiered structure consisting of:

1. U.S. district courts (trial courts of general jurisdiction) and various courts of limited jurisdiction,


2. U.S. courts of appeals (intermediate courts of appeals)


3. the United States Supreme Court.




federal court judges—including the justices of the Supreme Court—are appointed by the president of the United States, subject to the approval of the Senate. All federal judges receive lifetime appointments




U.S. District Courts


On the lowest tier of the federal court system are the U.S. district courts, or federal trial courts




Every state has at least one federal district court, and there is one in the District of Columbia.




At the present time, there are ninety-four judicial districts.




The federal system also includes other trial courts of limited jurisdiction, such as the Tax Court and the Court of International Trade.




U.S. Courts of Appeals


In the federal court system, there are thirteen U.S. courts of appeals—also referred to as U.S. circuit courts of appeals.




The federal courts of appeals for twelve of the circuits hear appeals from the district courts located within their respective judicial circuits




The Court of Appeals for the Thirteenth Circuit, called the Federal Circuit, has national appellate jurisdiction over certain types of cases, such as cases in which the U.S. government is a defendant.




The decisions of the circuit courts of appeals are final unless a further appeal is pursued and granted.




The United States Supreme Court


The United States Supreme Court consists of nine justices—a chief justice and eight associate justices




It has appellate authority over cases decided by the U.S. courts of appeals, as well as over some cases decided in the state courts when federal questions are at issue.




With a writ of certiorari (pronounced sur-shee-uh-rah-ree), the Supreme Court orders a lower court to send it the record of a case for review.




A party can petition the Supreme Court to issue a writ of certiorari, but whether the Court will do so is entirely within its discretion.




the denial of the writ has no value as a precedent.




The Court will not issue a writ unless at least four justices approve of it.




the Supreme Court normally does not hear any evidence. The Court’s decision in a particular case is based on the written record of the case and the written arguments (briefs) that the attorneys submit.




The attorneys also present oral arguments—arguments presented in person rather than on paper—to the Court, after which the justices discuss the case in conference.









How many judicial district exist in the United States' federal court system? How many regional circuits exist in the United States' federal court system?
At the present time, there are ninety-four judicial districts.



In the federal court system, there are thirteen U.S. courts of appeals—also referred to as U.S. circuit courts of appeals.





What circuit is the District of Nevada located?
Ninth Circuit
What are the two primary roles of the US Supreme Court

The Supreme Court “makes” criminal justice policy in two important ways: through judicial review and through its authority to interpret the law.


Judicial review

The power of a court—particularly the United States Supreme Court—to review the actions of the executive and legislative branches and, if necessary, declare those actions unconstitutional.








What types of cases does the US Supreme Court hear?
With a writ of certiorari (pronounced sur-shee-uh-rah-ree), the Supreme Court orders a lower court to send it the record of a case for review.



A party can petition the Supreme Court to issue a writ of certiorari, but whether the Court will do so is entirely within its discretion.




The Court will not issue a writ unless at least four justices approve of it.





How many Supreme Court Justices currently sit on the bench?




The United States Supreme Court consists of nine justices—a chief justice and eight associate justices.
What is a writ of certiorari? How many judges need to approve the issuance of a writ of certiorari?




writ of certiorari

A request from a higher court asking a lower court for the record of a case. In essence, the request signals the higher court’s willingness to review the case.




The Court will not issue a writ unless at least four justices approve of it.





How many judges need to agree with a Supreme Court decision for it to be handed down?
5 majority
What is a concurring opinion? What is a dissenting opinion?
concurring opinions

Separate opinions prepared by judges who support the decision of the majority of the court but who want to make or clarify a particular point or to voice disapproval of the grounds on which the decision was made.




dissenting opinions


Separate opinions in which judges disagree with the conclusion reached by the majority of the court and expand on their own views about the case.

What are the main three members of the courtroom group?




Its most prominent members are the judge, the prosecutor, and the defense attorney

How are judges selected in the federal court system? How are judges selected in state court system?
state court judges are usually elected



federal court judges—including the justices of the Supreme Court—are appointed by the president of the United States, subject to the approval of the Senate. All federal judges receive lifetime appointments





What is the role of the prosecutor?
NO
Who holds the burden of proof in a criminal case?
prosecutor
What is the burden of proof that must be met in order to convict an individual in a criminal case?
NO
What amendment provides guarantees the accused the right to an attorney?


6th
What are the two types of defense attorneys?
private attorneys



public defenders



what is the role and responsibility of a defense attorney?

By acting as a staunch advocate for her or his client, the defense attorney (ideally) ensures that the government proves every point against that client beyond a reasonable doubt, even for cases that do not go to trial. In sum, the defense attorney provides a counterweight against the state in our criminal justice system.



an important responsibility of the defense attorney is to represent the defendant at the various stages of the custodial process, such as arrest, interrogation, lineup, and arraignment

Other responsibilities include the following:


1. Investigating the incident for which the defendant has been charged.


2. Communicating with the prosecutor, which includes negotiating plea bargains.


3. Preparing the case for trial.


4. Submitting defense motions, including motions to suppress evidence


6. Representing the defendant at trial.


7. Negotiating a sentence, if the client has been convicted.


8. Determining whether to appeal a guilty verdict.

what is attorney-client privilege? What is an exception to attorney-client privilege?

attorney-client privilege


A rule of evidence requiring that communications between a client and his or her attorney be kept confidential, unless the client consents to disclosure.



lawyers may disclose the contents of a conversation with a client if the client has provided information concerning a crime that has yet to be committed.
When does an initial appearance occur and what tends to occur at an initial appearance?
After an arrest has been made, the first step toward determining the suspect’s guilt or innocence is the initial appearance.



During this brief proceeding, a magistrate informs the defendant of the charges that have been brought against him or her and explains his or her constitutional rights—particularly, the right to remain silent (under the Fifth Amendment) and the right to be represented by counsel (under the Sixth Amendment).

What amendment protects the accused against excessive the unreasonable bail?
8th
What factors may impact judicial bail decisions?
NO
What is a release on one's own recognizance? Financial release? Held on bail?
NO
What is the standard of proof that must be established in preliminary hearings and grand juries?
NO
What are the differences between a preliminary hearing and a grand jury? What are the similarities between the proceedings?
NO
What is "information"?
The formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause.


What does "nolle prosequi" mean? Why might a prosecutor decide to "nolle pros" a case?
NO
What is an arraignment? What happens at the arraignment?
A court proceeding in which the suspect is formally charged with the criminal offense stated in the indictment.
What is a plea bargain? Why is plea bargaining so common? How does it benefit the prosecutor? How does it benefit the defendant and defense?
The process by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval.
Which amendment guarantees that the defendant has right a speedy and public trail?


the Sixth Amendment requires a speedy trial for those accused of a criminal act.
Which amendment guarantees that the defendant has a right to a trial by an impartial jury?
The Sixth Amendment also states that anyone accused of a crime shall be judged by “an impartial jury.
In most states, how many jurors need to agree on a decision for an acquittal or a conviction to be handed down?


NO
What can a hung jury occur?
NO
What is venire?
The group of citizens from which the jury is selected.
What are some of the requirements for serving on a jury?
1. Citizens of the United States

2. Over eighteen years of age.


3. Free of felony convictions.


4. Healthy enough to function in a jury setting.


5. Sufficiently intelligent to understand the issues of a trial.


6. Able to read, write, and comprehend the English language (with one exception—New Mexico does not allow non-English-speaking citizens to be eliminated from jury lists simply because of their lack of English-language skills).

What is voir dire?
The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness.
What are the two ways attorneys can exclude individuals from serving on a jury? Describe each and when attorneys can use each.




1. through unlimited challenges for cause, which require the attorney to give a reason for the removal



2. through a limited number of peremptory challenges, for which no reason is necessary.

What amendment protects the accused from be forced to testify against him/her self?
NO
What is the point of opening statements? What about closing statements?


The attorneys’ statements to the jury at the beginning of the trial.
Explain the process of direct examination, cross examination, re-direct examination, re-cross examination, rebuttal phase, and rebuttal phase.

What happens at each of these stages?

Direct examination:

The examination of a witness by the attorney who calls the witness to the stand to testify.




Cross Examination:


The questioning of an opposing witness during trial.





What is the different between a lay witness and an expert witness?
NO
What is the difference between physical evidence and testimonial evidence?
NO
What is the difference between direct evidence and circumstantial evidence?
NO
What is the difference between relevant evidence and prejudicial evidence?
NO
What is an appeal? Who can appeal a case? Why would a person appeal a case?
The process of seeking a higher court’s review of a lower court’s decision for the purpose of correcting or changing this decision.
What is double jeopardy and what amendment protects a defendant against double jeopardy?
To twice place at risk (jeopardize) a person’s life or liberty. The Fifth Amendment to the U.S. Constitution prohibits a second prosecution in the same court for the same criminal offense.



5th

What is habeus corpus and whom does it apply?
An order that requires corrections officials to bring an inmate before a court or a judge and explain why she or he is being held in prison.




Name the four primary philosophical reasons for sentencing criminals. Be able to identify the differences between these sentencing philosophies
four basic philosophical reasons for sentencing—retribution, deterrence, incapacitation, and rehabilitation.



Retribution


Punishment is society’s means of expressing condemnation of illegal acts such as shoplifting. Repeat offenders should be punished more harshly because of their continuing criminal behavior.




Deterrence


Harsh sentences for shoplifting may convince others not to engage in that behavior. Also, when Stefanski has completed his sentence, he will avoid repeating his crimes because he will want to avoid returning to prison.




Incapacitation


While he is in prison, Stefanski will be unable to commit more crimes.




Rehabilitation


Stefanski’s shoplifting may be connected to his substance abuse. While in prison, he can participate in drug treatment programs to address this problem.

What is the difference between indeterminate and determinate sentencing?
Indeterminate Sentencing

An indeterminate term of incarceration in which a judge decides the minimum and maximum terms of imprisonment.




Determinate Sentencing


A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials.

What is the function of parole boards? Do we often associate parole boards with indeterminate or determinate sentencing schemes?
NO
What are "good- time" credits?
A reduction in time served by prisoners based on good conduct, conformity to rules, and other positive behavior.
How is "truth-in-sentencing" one example of a response to criticisms of "good-time“ credits?
NO
Describe how sentencing is a collaborative process.
NO
What is the difference between a legal and an extralegal factor? Be able to identify examples
NO
What is the difference between mitigating and aggravating factors?
NO
What are mandatory minimum laws?
NO
What are habitual offender laws?
NO
What factors do sentencing guidelines commonly taken into consideration to determine appropriate
NO
To what extent is the death penalty used in the United States
NO
Most states reserve the death penalty for what type of offenses?
1st degree murder with aggravating circumstances
What is the primary execution method currently used in the US?
NO
What is the 8th amendment? What implications does it have for the death penalty debate?
NO
What implication did Furman v. Georgia have on the criminal justice system?
NO