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192 Cards in this Set
- Front
- Back
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Creation of common law |
Judges |
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Not a source of law |
Public opinion |
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Not a right in US Constitution |
Right to privacy |
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Prohibition of quartering soldiers |
3rd Ammendment |
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Fourth Amendment bands all searches and seizures that are |
Unreasonable |
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Level of proof needed to search or seize an item |
Probable cause |
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Protection from double jeopardy |
5th Amendment |
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Miranda warning based off what amendment |
5th |
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Not found in 6th amendment |
Defendant not required to testify |
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Firearms Amendment |
2nd |
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Forbids states from violating rights of citizens |
14th Amendment |
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Due process clause |
14th Amendment |
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Rights essential to concept of ordered liberty |
Fundamental rights |
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Method of incorporation implemented in CJS |
Selective Incorporation |
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Not a right presented in the fifth amendment |
Right to counsel |
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Dual sovereignty doctrine relates to what fundamental right |
Right against double jeopardy |
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Level of burden of proof in criminal case |
Beyond reasonable doubt |
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In a criminal trial proof lies on which party |
Prosecution |
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Were a law to be passed and needs to prove prosecute an individual for engaging in the primitive activity before the law was passed this will be considered |
Ex post facto |
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Clear and convincing evidence |
Beyond reasonable doubt and preponderance of evidence |
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What confers jurisdiction upon a court |
Statutes and Constitution |
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The federal court of appeals consists of 11 for the states, one for federal circuit, and one for |
DC |
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How many US Supreme Court justices must vote to hear a case in order to grant a writ of Certiorari |
Four |
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In majority of states which is the court level of last resort |
State Supreme Court |
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A bench trial is tried by the |
Judge |
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How are federal judges appointment |
Executive |
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Prosecution is the representative from what branch of government |
Executive |
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Right to counsel |
Six amendment |
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Sixth amendment right to a trial by jury of peers applies to |
All criminal trials with the potential for six months or more of incarceration |
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Appellate courts have what type of jurisdiction |
Mandatory and discretionary |
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In most cases what decides whether or not to charge a suspect with an offense |
Prosecution |
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Who establishes the starting point for a plea bargain |
Prosecutor |
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Evidence favorable to the defendant |
Exculpatory |
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Impeachment evidence is any evidence that |
Damages credibility of the witness |
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Primary purpose of the prosecution |
Seek justice |
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How are US attorneys selected |
Executive appointment |
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Right to the assistance of counsel |
6 amendment |
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Primary factor determining whether the court is required to appoint counsel to a defendant |
Funds available |
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Right to counsel applies to |
All crimes for which the defendant may be imprisoned which the defendant may be imprisoned |
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The Supreme Court held that the right of a defendant to self represent stems from what amendment |
Six |
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Most common reason court appointed defense attorneys advice for a plea-bargain |
Defendant is guilty and case is unwinnable |
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Not a reason recent law school graduates become public defender |
To make a lot of money |
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Not Responsibility of a judge |
Author legislation |
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Who decides if a plea bargain will be offered |
Prosecutor |
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A judge is considered |
Manager |
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How are federal judges selected |
Appointed by the president and confirmed by the Senate |
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Who decides if a bench trial takes place |
Defense attorney |
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As a general rule what is the most time is defendant will wait between being taken into custody and brought before a judge for initial appearance |
Two days |
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Having an appropriate demeanor in court includes which of the following |
All of the above. Respect |
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What is a judicial he created remedy for violation of the fourth amendment |
Exclusionary rule |
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Primary purpose of the exclusionary rule |
Deter police misconduct |
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Right to a speedy trial |
Six |
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Right to a speedy trial |
Six |
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What type of subpoena is a court order that requires an individual to appear at a specific time and place to testify as a witness and is used to help execute which clause of the six amendment |
Compulsory process |
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Defendant right to testify is found within what three clauses |
Due process, compulsory, self incrimination |
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Right to a trial by jury |
Six amendment |
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Right to refrain from testify at trial |
Fifth amendment |
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Right to refrain from testify at trial |
Fifth amendment |
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Jury with fewer than six members is |
Unconstitutional |
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Most states used how many jurors for trial of felonies |
12 |
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Most states used how many jurors for trial of felonies |
12 |
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The name for a group of individuals who report for jury duty at a given time |
Venire |
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What options are available to the court if injury engages in nullification |
Nothing |
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Required level of proof for officer to make arrest without a warrant |
Probable cause |
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Required level of proof for officer to make arrest without a warrant |
Probable cause |
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Which of the following is not one of the primary legal factors that prosecutors used to judge convict ability |
Severity of punishment |
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What amendment holds that states must follow due process |
14 |
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What amendment holds that states must follow due process |
14 |
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Substitute for indictment by grand jury |
Information |
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What amendment holds that states must follow due process |
14 |
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Substitute for indictment by grand jury |
Information |
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What amendment requires the federal government to take a case forward by means of grand jury indictment |
Fifth amendment |
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What amendment holds that states must follow due process |
14 |
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Substitute for indictment by grand jury |
Information |
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What amendment requires the federal government to take a case forward by means of grand jury indictment |
Fifth amendment |
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Evidence that shows defendant's innocence |
Exculpatory |
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What amendment holds that states must follow due process |
14 |
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Substitute for indictment by grand jury |
Information |
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What amendment requires the federal government to take a case forward by means of grand jury indictment |
Fifth amendment |
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Evidence that shows defendant's innocence |
Exculpatory |
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Why does the prosecution present evidence first |
The burden of proof lies with the prosecution |
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What amendment holds that states must follow due process |
14 |
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Substitute for indictment by grand jury |
Information |
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What amendment requires the federal government to take a case forward by means of grand jury indictment |
Fifth amendment |
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Evidence that shows defendant's innocence |
Exculpatory |
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Why does the prosecution present evidence first |
The burden of proof lies with the prosecution |
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What is the level of proof required for the prosecution to overcome the presumption of innocence in a criminal trial |
Beyond reasonable doubt |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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Right against self incrimination |
Fifth amendment |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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Right against self incrimination |
Fifth amendment |
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Tangible evidence used at a trial such as documents or fingerprints are known as |
Real |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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Right against self incrimination |
Fifth amendment |
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Tangible evidence used at a trial such as documents or fingerprints are known as |
Real |
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Evidence such as a sworn statement of witnesses and victims are known as |
Testimonial evidence |
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Which primary classification of punishment places emphasis on the offender being held responsible for his actions |
Retributive model |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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Right against self incrimination |
Fifth amendment |
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Tangible evidence used at a trial such as documents or fingerprints are known as |
Real |
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Evidence such as a sworn statement of witnesses and victims are known as |
Testimonial evidence |
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Which primary classification of punishment places emphasis on the offender being held responsible for his actions |
Retributive model |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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Right against self incrimination |
Fifth amendment |
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Tangible evidence used at a trial such as documents or fingerprints are known as |
Real |
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Evidence such as a sworn statement of witnesses and victims are known as |
Testimonial evidence |
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Which primary classification of punishment places emphasis on the offender being held responsible for his actions |
Retributive model |
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Which primary classification of punishment places and faces on deterrence of future offenses |
Utilitarian model |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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Right against self incrimination |
Fifth amendment |
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Tangible evidence used at a trial such as documents or fingerprints are known as |
Real |
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Evidence such as a sworn statement of witnesses and victims are known as |
Testimonial evidence |
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Which primary classification of punishment places emphasis on the offender being held responsible for his actions |
Retributive model |
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Which primary classification of punishment places and faces on deterrence of future offenses |
Utilitarian model |
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What sub classification of punishment focuses less on the offender and more on the injury caused to the victim and community |
Restorative justice |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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Right against self incrimination |
Fifth amendment |
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Tangible evidence used at a trial such as documents or fingerprints are known as |
Real |
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Evidence such as a sworn statement of witnesses and victims are known as |
Testimonial evidence |
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Which primary classification of punishment places emphasis on the offender being held responsible for his actions |
Retributive model |
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Which primary classification of punishment places and faces on deterrence of future offenses |
Utilitarian model |
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What sub classification of punishment focuses less on the offender and more on the injury caused to the victim and community |
Restorative justice |
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The argument against the death penalty on the grounds that it is cruel and unusual stems from what amendment |
8th |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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Right against self incrimination |
Fifth amendment |
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Tangible evidence used at a trial such as documents or fingerprints are known as |
Real |
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Evidence such as a sworn statement of witnesses and victims are known as |
Testimonial evidence |
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Which primary classification of punishment places emphasis on the offender being held responsible for his actions |
Retributive model |
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Which primary classification of punishment places and faces on deterrence of future offenses |
Utilitarian model |
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What sub classification of punishment focuses less on the offender and more on the injury caused to the victim and community |
Restorative justice |
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The argument against the death penalty on the grounds that it is cruel and unusual stems from what amendment |
8th |
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In most jurisdictions sentences of less than one year are served |
Local jail |
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Under which system of sentencing does the judge sentence the offender to reset turn within a range established by the legislature |
Determinate sentencing |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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What would not be grounds for criminal appeal |
The jury made an incorrect finding of the facts |
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Right against self incrimination |
Fifth amendment |
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Tangible evidence used at a trial such as documents or fingerprints are known as |
Real |
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Evidence such as a sworn statement of witnesses and victims are known as |
Testimonial evidence |
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Which primary classification of punishment places emphasis on the offender being held responsible for his actions |
Retributive model |
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Which primary classification of punishment places and faces on deterrence of future offenses |
Utilitarian model |
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What sub classification of punishment focuses less on the offender and more on the injury caused to the victim and community |
Restorative justice |
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The argument against the death penalty on the grounds that it is cruel and unusual stems from what amendment |
8th |
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In most jurisdictions sentences of less than one year are served |
Local jail |
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Under which system of sentencing does the judge sentence the offender to reset turn within a range established by the legislature |
Determinate sentencing |
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The rights of a defendant to confront witness against is found in what amendment |
Six |
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What would not be grounds for criminal appeal |
The jury made an incorrect finding of the facts |
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When can offender not usually appeal his case in most states |
Defendant pleads guilty |
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Right against self incrimination |
Fifth amendment |
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Tangible evidence used at a trial such as documents or fingerprints are known as |
Real |
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Evidence such as a sworn statement of witnesses and victims are known as |
Testimonial evidence |
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Which primary classification of punishment places emphasis on the offender being held responsible for his actions |
Retributive model |
|
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Which primary classification of punishment places and faces on deterrence of future offenses |
Utilitarian model |
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What sub classification of punishment focuses less on the offender and more on the injury caused to the victim and community |
Restorative justice |
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The argument against the death penalty on the grounds that it is cruel and unusual stems from what amendment |
8th |
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In most jurisdictions sentences of less than one year are served |
Local jail |
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Under which system of sentencing does the judge sentence the offender to reset turn within a range established by the legislature |
Determinate sentencing |
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In which of the following circumstances is a defense appeal filed after adjudication allowed |
All of the above. Ineffective counsel, forced self incrimination, coerced confession |
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In which of the following circumstances is a defense appeal filed after adjudication allowed |
All of the above. Ineffective counsel, forced self incrimination, coerced confession |
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Term used by the appellate court went up holding a decision |
Affirm |
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Appellate court may rule in favor of the defendant yet rule that a new trial is not warranted based on the |
Harmless error rule |
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Appellate court may rule in favor of the defendant yet rule that a new trial is not warranted based on the |
Harmless error rule |
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According to the Supreme Court what is never harmless error and if proven results in automatic reversal of conviction |
Trial before bias judge and denial of right to counsel |
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Appellate court may rule in favor of the defendant yet rule that a new trial is not warranted based on the |
Harmless error rule |
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According to the Supreme Court what is never harmless error and if proven results in automatic reversal of conviction |
Trial before bias judge and denial of right to counsel |
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Level of proof for officer to obtain an arrest or search warrant |
Probable |
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Appellate court may rule in favor of the defendant yet rule that a new trial is not warranted based on the |
Harmless error rule |
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According to the Supreme Court what is never harmless error and if proven results in automatic reversal of conviction |
Trial before bias judge and denial of right to counsel |
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Level of proof for officer to obtain an arrest or search warrant |
Probable |
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What amendment requires that excessively high bail not be handled down |
Eighth amendment |
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Appellate court may rule in favor of the defendant yet rule that a new trial is not warranted based on the |
Harmless error rule |
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According to the Supreme Court what is never harmless error and if proven results in automatic reversal of conviction |
Trial before bias judge and denial of right to counsel |
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Level of proof for officer to obtain an arrest or search warrant |
Probable |
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What amendment requires that excessively high bail not be handled down |
Eighth amendment |
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How many Supreme Court justices must vote to hear a case |
Four |
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Right of a defendant to confront witnesses against him is found in what amendment |
Six |
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A bifurcated trial is one that |
Holds two separate stages for guilt and punishment |
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Appellate court may rule in favor of the defendant yet rule that a new trial is not warranted based on the |
Harmless error rule |
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According to the Supreme Court what is never harmless error and if proven results in automatic reversal of conviction |
Trial before bias judge and denial of right to counsel |
|
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Level of proof for officer to obtain an arrest or search warrant |
Probable |
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What amendment requires that excessively high bail not be handled down |
Eighth amendment |
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How many Supreme Court justices must vote to hear a case |
Four |
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Right of a defendant to confront witnesses against him is found in what amendment |
Six |
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A bifurcated trial is one that |
Holds two separate stages for guilt and punishment |
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Appellate court may rule in favor of the defendant yet rule that a new trial is not warranted based on the |
Harmless error rule |
|
|
According to the Supreme Court what is never harmless error and if proven results in automatic reversal of conviction |
Trial before bias judge and denial of right to counsel |
|
|
Level of proof for officer to obtain an arrest or search warrant |
Probable |
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What amendment requires that excessively high bail not be handled down |
Eighth amendment |
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How many Supreme Court justices must vote to hear a case |
Four |
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Right of a defendant to confront witnesses against him is found in what amendment |
Six |
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A bifurcated trial is one that |
Holds two separate stages for guilt and punishment |
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Ensuring that the punishment reflects the offenders need for reform is the primary consideration when considering how much to punish for which of the following approaches to punishment |
Rehabilitation |
