Exam 2

Front 1

Inventory search

Back 1

permissible warrantless search of a vehicle that has been "impounded"- meaning that it is in police custody- so that police can make a record of the items contained in the vehicle

Front 2

consent search

Back 2

a permissible warrantless search of a person, vehicle, home, or other location based on a person with proper authority or the reasonable appearance of proper authority voluntarily granting permission for the search to take place

Front 3

exigent circumstances

Back 3

when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedures

Front 4

stop-and-frisk search

Back 4

limited search approved by the supreme court in Terry v. Ohio that permits police officers to pat down clothing of people on the street if there is reasonable suspicion of dangerous criminal activity

Front 5

totality of circumstances

Back 5

flexible test established by the supreme court for identifying whether probable cause exists that permits the judge to determine whether the available evidence is both sufficient and reliable enough to issue a warrant

Front 6

affidavit

Back 6

written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant

Front 7

probable cause

Back 7

an amount of reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime

Front 8

United states v. Drayton

Back 8

judicial decision declaring that police officers are not required to inform people of their right to decline to be searched when police ask for consent to search

Front 9

chimel v. california

Back 9

supreme court decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested

Front 10

Terry v. Ohio

Back 10

supreme court decision endorsing police officers' authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity

Front 11

Illinois v Gates

Back 11

U.S. supreme court decision that established the flexible totality of circumstances test for determining the existence of the probable cause needed for obtaining a search warrant

Front 12

Tennessee v. Garner

Back 12

Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others

Front 13

reasonable suspicion

Back 13

a police officer's belief based on articulable facts that would be recognized by others in a similar situation as indicating that criminal activity is afoot and necessitates further investigation that will intrude on an individual's reasonable expectation of privacy

Front 14

stop

Back 14

governmets officials' interference with an individual's freedom of movement for a duration that typically lasts less than one hour and only rarely extends for as long as several hours

Front 15

plain view doctrine

Back 15

officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be

Front 16

reasonable expectation of privacy

Back 16

the objective standard developed by courts for determining whether a government intrusion into an individual's person or property constitutes a search because it interferes with the individual's interests that are normally protected from government examination

Front 17

"public safety" exception

Back 17

exception to Miranda requirements that permits police to immediately question a suspect in custody without providing any warnings, when public safety would be jeopardized by their taking the time to supply the warnings.

Front 18

exclusionary rule

Back 18

the principle that illegally obtained evidence must be excluded from trial

Front 19

wolf v. colorado

Back 19

supreme court decision in which the fourth amendment was applied against the searches by state and local police officers, but the exclusionary rule was not imposed as the remedy for violations of the Fourth Amendment by these officials

Front 20

Mapp v. Ohio

Back 20

supreme court decision that applied the exclusionary rule as the remedy for improper searches by state and local officials

Front 21

weeks v. U.S

Back 21

supreme court decision applying the exclusionary rule as the remedy for improper searches by federal law enforcement officials

Front 22

"good faith" exception

Back 22

exceptions to the exclusionary rule that permits the use of improperly obtained evidence when police officers acted in honest reliance on a defective statute, a warrant improperly issued by a magistrate, or a consent to search by someone who lacked authority to give such permission

Front 23

inevitable discovery rule

Back 23

supreme court ruling that improperly obtained evidence can be used when it would later have been inevitably discovered by the police

Front 24

adversarial process

Back 24

court process, employed in the U.S and other former British colonies, in which lawyers for each side represent their clients' best interests in presenting evidence and formulating arguments as a means to discover the truth and protect the rights of defendants

Front 25

inquisitorial process

Back 25

court process, employed in most countries of the world, in which the judge takes an active role in investigating the case and examining evidence by, for example, questioning witnesses

Front 26

jurisdiction

Back 26

the geographic territory or legal boundaries within which control may be exercised; the range of a court's authority

Front 27

trial courts of limited jurisdiction

Back 27

criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases. sometimes these courts hold felony trials that may result in penalties below a specific limit

Front 28

trial courts of general jurisdiction

Back 28

criminal courts with jurisdiction over all offenses, including felonies. in some states, these courts also hear appeals

Front 29

appellate courts

Back 29

courts that do not try criminal cases but hear appeals of decisions of lower courts

Front 30

problem solving courts

Back 30

lower-level local courts dedicated to addressing particular social problems or troubled populations. examples of such courts include drug courts, domestic violence courts, and mental health courts

Front 31

partisan election

Back 31

an election in which candidates openly endorsed by parties are presented to voters for selection

Front 32

nonpartisan election

Back 32

an election in which candidates' party affiliations are not listed on the ballot

Front 33

merit selection

Back 33

a reform plan by which judges are nominated by a commission and appointed by the governor for a given periods. when the term expires, the voters approve or disapprove the judge for a succeeding term. if the judge is disapproved, the committee nominates a successor for the governor's appointment

Front 34

prosecuting attorney

Back 34

a legal representative of the state with sole responsibility for bringing criminal charges. in some states this person is referred to as the district attorney, state's attorney, commonwealth attorney, or county attorney

Front 35

U.S Attorneys

Back 35

Officials responsible for the prosecution of crimes that violate the laws of the U.S. Appointed by the president and assigned to the U.S. district court jurisdiction

Front 36

state attorney general

Back 36

chief legal officer of a state, responsible for both civil and criminal matters

Front 37

count

Back 37

each separate offense of which a person is accused in an indictment or an information

Front 38

discovery

Back 38

a prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial

Front 39

nolle prosequi

Back 39

an entry, made by a prosecutor on the record of a case and announced in court, indication that the charges specifies will not be prosecuted. in effect, the charges are thereby dismissed

Front 40

accusatory process

Back 40

the series of events from the arrest of a suspect to the filing of a formal charge (indictment or information) with the court

Front 41

defense attorney

Back 41

the lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice

Front 42

assigned counsel

Back 42

an attorney in private practice assigned by a court to represent an indigent. the attorney's fee is paid by the government with jurisdiction over the case

Front 43

contract counsel

Back 43

an attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount

Front 44

public defender

Back 44

an attorney employed on a full-time , salaried basis by a public or private nonprofit organization to represent indigents.

Front 45

local legal culture

Back 45

norms shared by members of a court community as to how cases should be handled and how a participant should behave in the judicial process

Front 46

going rate

Back 46

local court officials' share view of the appropriate sentence for the offense, the defendant's prior record, and other case characteristics

Front 47

continuance

Back 47

an adjournment of a scheduled case until a later date

Front 48

workgroup

Back 48

a collection of individuals who interact in the workplace on continuing basis, share goals, develop norms regarding how activities should be carried out, and eventually establish a network of roles, which differentiates the group from others, and facilitates cooperation

Front 49

arraignment

Back 49

the court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads guilty or not guilty

Front 50

motion

Back 50

an application to a court requesting that an order be issued to bring about a specific action

Front 51

bail

Back 51

an amount of money, specified by a judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court as required

Front 52

citation

Back 52

a written order or summons, issued by s law enforcement officer, directing an alleged offender to appear in court at a specific time to answer a criminal charge

Front 53

release on recognition (ROR)

Back 53

pretrial release granted, on the defendants promise to appear in court, because the judge believes that the defendant's ties to the community guarantee that he or she will appear

Front 54

percentage bail

Back 54

defendant's may deposit a percentage (usually 10 percent) of the full bail with the court. the full amount of the bail is required if the defendant fails to appear. the percentage of bail is returned after disposition of the case, althoughthe court often retains questions percent for administrative costs

Front 55

preventive detention

Back 55

holding a defendant for trial, based on a judge's findings that I'd the defendant were released on bail, he or she would endanger the safety of any other person and the community or would flee

Front 56

U.S. v. Salerno and Cafero

Back 56

preventive detention provisions of the bail reform act of 1984 are upheld as a legitimate use of government power designed to prevent people from committing crimes while on bail

Front 57

santobello v. New York

Back 57

when a guilty plea rests on a promise of a prosecutor the promise must be fulfilled

Front 58

Boykin v. Alabama

Back 58

before a judge may accept a plea of guilty, defendants must state that they are making the plea voluntarily

Front 59

Missouri v. Frye

Back 59

Criminal defendants' sixth amendment right to counsel includes protection against ineffective assistance of counsel in the plea bargaining process, such as defense attorneys' failures to inform their clients about plea bargain offers

Front 60

North Carolina v. Alford

Back 60

a plea of guilty by a defendant who maintains his or her innocence may be accepted for the purpose of a lesser sentence

Front 61

Riketts v. Adamson

Back 61

Defendants must uphold the plea agreement or suffer the consequences

Front 62

Bordenkircher v. Hayes

Back 62

a defendant's rights were not violated by a prosecutor who warned that refusing to enter a guilty plea would result in a harsher sentence

Front 63

bench trials

Back 63

trials conducted by a judge who acts as finder and determines issues of law. No jury participates

Front 64

Jury

Back 64

a panel of citizens selected according to law and sworn to determine matters of act in a criminal case and to deliver a verdict of guilty or not guilty

Front 65

Williams v. Florida

Back 65

Juries of fewer than 12 members are constitutional

Front 66

Voir dire

Back 66

a questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict

Front 67

challenge for cause

Back 67

removal of a prospective juror by showing that he or she has some bias or some other legal disability. The number of such challenges available to attorneys is unlimited

Front 68

peremptory challenge

Back 68

removal of a prospective juror without giving any reason. Attorneys are allowed a limited number of such challanges

Front 69

real evidence

Back 69

physical evidence-such as a weapon, records, fingerprints, and stolen property- involved in the crime

Front 70

demonstrative evidence

Back 70

evidence that is not bases on witness testimony but that demonstrates information relevant to the crime, such as maps, x-rays, and photographs; includes real evidence involved in the crime

Front 71

testimony

Back 71

oral evidence provided by a legally competent witness

Front 72

direct evidence

Back 72

eyewitness accounts

Front 73

circumstantial evidence

Back 73

evidence provided by a witness from which a jury must infer a fact

Front 74

reasonable doubt

Back 74

the standard used by a jury to decide if the prosecution has provided enough evidence for conviction

Front 75

appeal

Back 75

a request to a higher court that it review actions taken in a trial court

Front 76

habeas corpus

Back 76

a writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital. if a judge finds the person is being held improperly, the writ may be granted and the person released