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26 Cards in this Set

  • Front
  • Back
What protections do the forth amendment offer?
The right of people to be secure in their persons, houses, paper, and effects against the unreasonable searches and seizures.
What are the four sources that may provide probable cause
personal observation

association

information

evidence





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.
Exclusionary Rule
Evidence that is acquired through illegally obtained evidence and there fore is inadmissible in court
Fruit of the Poisoned Tree
What are two exceptions to the exclusionary rule?
inevitable discovery and good faith
a separate act of detaining a subject when an officer reasonably believes that a crime is about to take place.
stop
physical pat down of the suspect
frisk
In Terry v. Ohio the Supreme Court ruled that...
an officer must have "specific and articulable facts" before making a stop.
What is the difference between a stop and an arrest
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.

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

The authority to arrest,


Sezure,


understanding

What are the requirements for entering a dwelling as noted by the Supreme Court?
police must knock and say their identity and purpose before entering a dwelling.
What are the requirements to make an arrest without a warrant and how does the type of crime play into it?
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.
Seizure
The forcible taking of a person or property in violation of the law.
What type of searches may occur in the absence of a search warrant?
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.
The Miranda Rights (located in the fifth amendment) must be stated to the suspect before...
an interrogation
Describe Due Process
protect individuals from the unfair advantage that the government has in legal battles
Describe Crime Control
distinguishs between the court's obligation to be fair to the accused and its obligation to be fair to society
Describe rehabilitation
The criminal is seen as sick, not evil, and therefore treatment is morally justified.
Describe bureaucratic within the court system.
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.
Describe jurisdiction and provide an example.
relates to the power of the court to hear a particular cause. An example is geographical jurisdiction.
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.
Duel Court System
Outline the several levels of a typical state court system
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.
Outline the federal court system
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.
Explain the difference between trial and appellate Courts.
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.
What makes up the Supreme Court and its jurisdiction.
The Supreme Court consists of nine justices (a chief justice and eight associate justices).
Where does the Supreme Court do most of its work?
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.