Exam 3 Criminal Justice

Front 1

Objective Basis

Back 1

Government officials have to back up with facts their environments on liberty and privacy.

Front 2

Arrest

Back 2

Taking an individual into custody without consent

Front 3

probable cause to arrest

Back 3

facts and circumstances that would lead a police officer in the light of her training and experience to believe that a crime has been is being, or is about to be committed and that the person suspicious people and behavior.

Front 4

Knock and Announce rule

Back 4

a search of a home is reasonable if officers get a warrant; knock on the door saying "open up, police" wait 10 seconds, knock down the door; enter; and arrest the suspect

Front 5

Search incident to arrest rule

Back 5

An officer who lawfully arrests a suspect can search the suspect and the area under her control without either a search warrant or probable cause.

Front 6

consent search rule

Back 6

individuals can give up their right against unreasonable searches,if they do so voluntarily.

Front 7

Reasonable suspicion

Back 7

facts and circumstances that would lead an officer, to suspect that a crime might be afoot.

Front 8

Custodial interrogation

Back 8

Miranda warnings required if suspects are in custody and officers interrogate them.

Front 9

public safety exception

Back 9

Miranda warnings not required if giving them could endanger officers or others nearby.

Front 10

knockdown force

Back 10

Enough force to cause a suspect to fall to the ground.

Front 11

objective standard of reasonable force

Back 11

4th amendment permits officers to use the amount of force necessary to apprehend and bring suspects under control

Front 12

racial profiling

Back 12

law enforcement decisions based on race or ethnicity

Front 13

profiles

Back 13

decisions based on groups characteristics instead of individual behavior.

Front 14

presumption of regularity

Back 14

government actions are presumed to be lawful and free of discrimination.

Front 15

doctrine of official immunity

Back 15

officers aren't liable for their misconduct unless its intentional.

Front 16

Defense of qualified immunity

Back 16

officers aren't for their 'objectively reasonable' actions.

Front 17

4th amendment

Back 17

right for people to be secure, and effects against unreasonable searches and seizures

Front 18

5th amendment

Back 18

no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law.

Front 19

6th amendment

Back 19

in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him.. and to have the assistance of counsel for his defense.

Front 20

14th amendment

Back 20

no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the us ; nor shall any state deprive any person life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.

Front 21

searches

Back 21

wherever people have a reasonable expectation of privacy, government intrusions are searches.

Front 22

searches are reasonable if they

Back 22

1.back them up with probable cause
2. get a warrant backed up with probable cause b4 they search the house
3. conduct the search at the time of arrest
4. get consent to search if they dont have probable cause

Front 23

stop and frisks

Back 23

4th amendment frisks consist of outer clothing pat downs for weapons and are less invasive than full-body searches

Front 24

stops

Back 24

minutes, on the spot/ public places,few on spot questions

Front 25

arrests

Back 25

hours, maybe days, police station, mug shot, full interrogation line up

Front 26

frisks

Back 26

once over pat down of outer clothing, check for weapons

Front 27

full searches

Back 27

thoroughly feeling all parts of the body, to protect officers, preserve evidence, prevent the suspects escape.

Front 28

reasonable suspicion

Back 28

facts and circumstances,reasonable officer in training, suspects, crime might be afoot.

Front 29

probable cause

Back 29

facts and circumstances; reasonable officer in training believes crime afoot

Front 30

Miranda vs Arizona

Back 30

1. you have a right to remain silent
2. anything you say will be used against you
3. you have a right to a lawyer
4. if you cant afford a lawyer, one will be provided for you.

Front 31

delayin giving

Back 31

missouri vs scibert midstream recitation of warnings after interrogation and unwarned confessions in this case could not comply with mirandas constitutional warning requirement.

Front 32

warning to 17 year old

Back 32

yarborough v alvarado, not required alvardo hadnt been in sustody during the interview under the test which requires a court to consider the circumstances surrounding the interrogation and them determine whether a reasonable person would felt a liberty to leave.

Front 33

suspects interrupt

Back 33

us v patone a failure to give a suspect miranda warning doesn't require suppression of the physical fruits of the suspects unwarned but voluntary statements.

Front 34

incriminating statements

Back 34

fellers vs us an acussed is denied the protections of the 6th amendement

Front 35

line up make up

Back 35

1. 5-6 participants
2.same race,ethnicity, and skin color
3.similar age, height, weight, hair color, and body build
4. similar clothing

Front 36

administration

Back 36

1.tell the witnes the offender may or may not be in the line up.
2. someone who doesnt know who the suspect is should conduct the line up
3. if witness identifys suspect, immeditaly ask witness how sure they are.

Front 37

due process, mis identification

Back 37

unreliable identification procedures can convict innocent people, and convicting innocent people deprives them of life, liberty, property, without due process of law.

Front 38

5 factors "totality"

Back 38

1.witnesses oppourtunity to view
2. witnesses degree of attention
3. witnesses accuracy of description
4. witnesses level of certainty
5. length of time between the crime and the identification procedure.

Front 39

excessive force

Back 39

officers use more than the amount of force necessary to get control of suspects and protect themselves and others

Front 40

deadly force

Back 40

police kill on average about 600 ppl every year shoot/wound another 1200, and fire but miss another 1800.

Front 41

racial profiling

Back 41

law enforcement decisions based on race or ethnicity

Front 42

police corruption

Back 42

a form of occupational crime: misusing police police authority for private gain

Front 43

remedies fro police misconduct

Back 43

1.criminal law prosecute the officer
2. civil law sue the officer, the police department or the government.
3.administrative discipline the officer as a result of internal or external review
4.procedural throw illegally obtained evidence out of court.

Front 44

internal review

Back 44

1.intake
2.investigation
3.deliberation
4.disposition

Front 45

internal decisions

Back 45

1.unfounded investigation proved that the act did not take place .
2. exonerated the acts took place, but the investigation priced that they were justified,lawful, and proper
3.not sustained investigation failed to gather enough evidence to clearly prove the allegations in the complaint.

Front 46

External review

Back 46

1. the initial investigation to collect the facts.
2. the review of the investigation reports
3. recommendation for dispostion to the cheif
4. review of decisions made by the cheif

Front 47

exclusionary rule

Back 47

throws out "good" evidence because of "bad" police behavior. it bans gov from using confessions obtained in violation of the right against self incrimination evidence gathered by unreasonable searches and seizures, evidence gotten in violation of the right to counsel; and eye witness identifications gotten by unreliable procedures

Front 48

limited jurisdiction

Back 48

power to decide misdemeanors and conduct preliminary proceeding in felony cases.

Front 49

general jurisdiction

Back 49

power to decide all felony cases from capital murder to theft and also review the decisions of lower courts

Front 50

appellate courts

Back 50

courts that review the proceeding in the trial court

Front 51

petition for a writ of habeas corpus

Back 51

asks the us supreme court to order some official to come to a trial court and justify a prisoners imprisonment.

Front 52

petition for a writ of certiorari

Back 52

asks the us supreme court to order a lower court to send up the record of its proceedings for review.

Front 53

courtroom work group

Back 53

social organizations made up of prosecutors, judges, and defense lawyers

Front 54

due process mission

Back 54

to ensure the decision making process is fair according to the law and constitution.

Front 55

adjudication

Back 55

decision making in open court according to the adversary process

Front 56

merit system

Back 56

a commision initially nominates and governors select judges from the list; then, judges have to be elected after a term of service

Front 57

prosecutor horizontal case assignment

Back 57

assistant prosecutors are assigned to mange one stage of the prosecution

Front 58

prosecutor vertical case assignment

Back 58

assistant prosecutors are assigned to mange all stages of specific defendants case.

Front 59

community prosecution

Back 59

a grass roots approach to justice in when the community, law enforcement, and other gov agencies work together to solve neighborhood crime publice saftey and quality as life problems

Front 60

lower courts

Back 60

they have the power to decide the facts and apply the law in misdemeanors cases and conduct pretrial proceedings in felony cases.

Front 61

felony courts

Back 61

they have the power to decide the facts and apply the law in felony cases

Front 62

supreme court

Back 62

judiciary act of 1789 created the us supreme court, but the court assumed to itself the source of its greatest power, the power of judicial review

Front 63

crime control

Back 63

responds to public opinion and its shaped by the "nasty, brutis" side of life seen in criminal courts

Front 64

social justice mission

Back 64

you hale to consider what type of person the defendant is.

Front 65

strength of the case

Back 65

the amount of evidence against the suspect

Front 66

social structure of the case

Back 66

extralegal influences on the prosecutors decision to charge

Front 67

retained counsel

Back 67

a lawyer paid for by the client

Front 68

appointed counsel

Back 68

lawyers assigned to people who cant afford to have their own

Front 69

public defenders

Back 69

full time defense lawyers paid for by local tax payers

Front 70

assigned counsel

Back 70

lawyers in private practice selected from a list on a roataing basis either for a fee or pro bono

Front 71

contract attorneys

Back 71

private attorneys under contracts with local jurisdictions to represent indigent defendants for an agreed upon fee

Front 72

bail

Back 72

the release of defendants until their cases are decided

Front 73

preventive detention

Back 73

detaining defendants to protect public safety

Front 74

test the government case

Back 74

an independent review of the prosecutors decision to charge to make sure theres enough evidence to put the community and the defendant to the time and expense of criminal prosecution

Front 75

preliminary hearings

Back 75

judges review prosecutors charging decisions to determine whether theres probable cause to continue the case against the defendant

Front 76

indictment

Back 76

a formal written accusation by thr grand jury

Front 77

information

Back 77

charging document initiated by he prosecutor alone.

Front 78

arrangement

Back 78

bringing defendants to open court reading the charges against them, and demanding that they pled not guilty, guilty or mole contendre.