Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
76 Cards in this Set
- Front
- Back
Inventory search |
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 |
|
consent search |
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 |
|
exigent circumstances |
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 |
|
stop-and-frisk search |
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 |
|
totality of circumstances |
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 |
|
affidavit |
written statement of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant |
|
probable cause |
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 |
|
United states v. Drayton |
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 |
|
chimel v. california |
supreme court decision that endorsed warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested |
|
Terry v. Ohio |
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 |
|
Illinois v Gates |
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 |
|
Tennessee v. Garner |
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 |
|
reasonable suspicion |
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 |
|
stop |
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 |
|
plain view doctrine |
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 |
|
reasonable expectation of privacy |
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 |
|
"public safety" exception |
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. |
|
exclusionary rule |
the principle that illegally obtained evidence must be excluded from trial |
|
wolf v. colorado |
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 |
|
Mapp v. Ohio |
supreme court decision that applied the exclusionary rule as the remedy for improper searches by state and local officials |
|
weeks v. U.S |
supreme court decision applying the exclusionary rule as the remedy for improper searches by federal law enforcement officials |
|
"good faith" exception |
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 |
|
inevitable discovery rule |
supreme court ruling that improperly obtained evidence can be used when it would later have been inevitably discovered by the police |
|
adversarial process |
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 |
|
inquisitorial process |
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 |
|
jurisdiction |
the geographic territory or legal boundaries within which control may be exercised; the range of a court's authority |
|
trial courts of limited jurisdiction |
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 |
|
trial courts of general jurisdiction |
criminal courts with jurisdiction over all offenses, including felonies. in some states, these courts also hear appeals |
|
appellate courts |
courts that do not try criminal cases but hear appeals of decisions of lower courts |
|
problem solving courts |
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 |
|
partisan election |
an election in which candidates openly endorsed by parties are presented to voters for selection |
|
nonpartisan election |
an election in which candidates' party affiliations are not listed on the ballot |
|
merit selection |
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 |
|
prosecuting attorney |
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 |
|
U.S Attorneys |
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 |
|
state attorney general |
chief legal officer of a state, responsible for both civil and criminal matters |
|
count |
each separate offense of which a person is accused in an indictment or an information |
|
discovery |
a prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial |
|
nolle prosequi |
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 |
|
accusatory process |
the series of events from the arrest of a suspect to the filing of a formal charge (indictment or information) with the court |
|
defense attorney |
the lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice |
|
assigned counsel |
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 |
|
contract counsel |
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 |
|
public defender |
an attorney employed on a full-time , salaried basis by a public or private nonprofit organization to represent indigents. |
|
local legal culture |
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 |
|
going rate |
local court officials' share view of the appropriate sentence for the offense, the defendant's prior record, and other case characteristics |
|
continuance |
an adjournment of a scheduled case until a later date |
|
workgroup |
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 |
|
arraignment
|
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
|
|
motion
|
an application to a court requesting that an order be issued to bring about a specific action
|
|
bail
|
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
|
|
citation
|
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
|
|
release on recognition (ROR)
|
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
|
|
percentage bail
|
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
|
|
preventive detention |
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
|
|
U.S. v. Salerno and Cafero |
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 |
|
santobello v. New York |
when a guilty plea rests on a promise of a prosecutor the promise must be fulfilled |
|
Boykin v. Alabama |
before a judge may accept a plea of guilty, defendants must state that they are making the plea voluntarily |
|
Missouri v. Frye |
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 |
|
North Carolina v. Alford |
a plea of guilty by a defendant who maintains his or her innocence may be accepted for the purpose of a lesser sentence |
|
Riketts v. Adamson |
Defendants must uphold the plea agreement or suffer the consequences |
|
Bordenkircher v. Hayes |
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 |
|
bench trials |
trials conducted by a judge who acts as finder and determines issues of law. No jury participates |
|
Jury |
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 |
|
Williams v. Florida |
Juries of fewer than 12 members are constitutional |
|
Voir dire |
a questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict |
|
challenge for cause |
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 |
|
peremptory challenge
|
removal of a prospective juror without giving any reason. Attorneys are allowed a limited number of such challanges
|
|
real evidence |
physical evidence-such as a weapon, records, fingerprints, and stolen property- involved in the crime |
|
demonstrative evidence |
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 |
|
testimony |
oral evidence provided by a legally competent witness |
|
direct evidence |
eyewitness accounts |
|
circumstantial evidence |
evidence provided by a witness from which a jury must infer a fact |
|
reasonable doubt |
the standard used by a jury to decide if the prosecution has provided enough evidence for conviction |
|
appeal |
a request to a higher court that it review actions taken in a trial court |
|
habeas corpus |
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 |