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78 Cards in this Set
- Front
- Back
Objective Basis
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Government officials have to back up with facts their environments on liberty and privacy.
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Arrest
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Taking an individual into custody without consent
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probable cause to arrest
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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.
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Knock and Announce rule
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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
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Search incident to arrest rule
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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.
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consent search rule
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individuals can give up their right against unreasonable searches,if they do so voluntarily.
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Reasonable suspicion
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facts and circumstances that would lead an officer, to suspect that a crime might be afoot.
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Custodial interrogation
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Miranda warnings required if suspects are in custody and officers interrogate them.
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public safety exception
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Miranda warnings not required if giving them could endanger officers or others nearby.
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knockdown force
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Enough force to cause a suspect to fall to the ground.
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objective standard of reasonable force
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4th amendment permits officers to use the amount of force necessary to apprehend and bring suspects under control
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racial profiling
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law enforcement decisions based on race or ethnicity
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profiles
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decisions based on groups characteristics instead of individual behavior.
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presumption of regularity
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government actions are presumed to be lawful and free of discrimination.
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doctrine of official immunity
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officers aren't liable for their misconduct unless its intentional.
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Defense of qualified immunity
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officers aren't for their 'objectively reasonable' actions.
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4th amendment
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right for people to be secure, and effects against unreasonable searches and seizures
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5th amendment
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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.
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6th amendment
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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.
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14th amendment
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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.
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searches
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wherever people have a reasonable expectation of privacy, government intrusions are searches.
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searches are reasonable if they
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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 |
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stop and frisks
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4th amendment frisks consist of outer clothing pat downs for weapons and are less invasive than full-body searches
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stops
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minutes, on the spot/ public places,few on spot questions
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arrests
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hours, maybe days, police station, mug shot, full interrogation line up
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frisks
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once over pat down of outer clothing, check for weapons
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full searches
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thoroughly feeling all parts of the body, to protect officers, preserve evidence, prevent the suspects escape.
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reasonable suspicion
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facts and circumstances,reasonable officer in training, suspects, crime might be afoot.
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probable cause
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facts and circumstances; reasonable officer in training believes crime afoot
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Miranda vs Arizona
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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. |
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delayin giving
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missouri vs scibert midstream recitation of warnings after interrogation and unwarned confessions in this case could not comply with mirandas constitutional warning requirement.
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warning to 17 year old
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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.
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suspects interrupt
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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.
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incriminating statements
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fellers vs us an acussed is denied the protections of the 6th amendement
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line up make up
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1. 5-6 participants
2.same race,ethnicity, and skin color 3.similar age, height, weight, hair color, and body build 4. similar clothing |
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administration
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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. |
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due process, mis identification
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unreliable identification procedures can convict innocent people, and convicting innocent people deprives them of life, liberty, property, without due process of law.
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5 factors "totality"
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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. |
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excessive force
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officers use more than the amount of force necessary to get control of suspects and protect themselves and others
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deadly force
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police kill on average about 600 ppl every year shoot/wound another 1200, and fire but miss another 1800.
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racial profiling
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law enforcement decisions based on race or ethnicity
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police corruption
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a form of occupational crime: misusing police police authority for private gain
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remedies fro police misconduct
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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. |
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internal review
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1.intake
2.investigation 3.deliberation 4.disposition |
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internal decisions
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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. |
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External review
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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 |
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exclusionary rule
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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
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limited jurisdiction
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power to decide misdemeanors and conduct preliminary proceeding in felony cases.
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general jurisdiction
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power to decide all felony cases from capital murder to theft and also review the decisions of lower courts
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appellate courts
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courts that review the proceeding in the trial court
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petition for a writ of habeas corpus
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asks the us supreme court to order some official to come to a trial court and justify a prisoners imprisonment.
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petition for a writ of certiorari
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asks the us supreme court to order a lower court to send up the record of its proceedings for review.
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courtroom work group
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social organizations made up of prosecutors, judges, and defense lawyers
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due process mission
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to ensure the decision making process is fair according to the law and constitution.
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adjudication
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decision making in open court according to the adversary process
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merit system
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a commision initially nominates and governors select judges from the list; then, judges have to be elected after a term of service
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prosecutor horizontal case assignment
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assistant prosecutors are assigned to mange one stage of the prosecution
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prosecutor vertical case assignment
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assistant prosecutors are assigned to mange all stages of specific defendants case.
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community prosecution
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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
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lower courts
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they have the power to decide the facts and apply the law in misdemeanors cases and conduct pretrial proceedings in felony cases.
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felony courts
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they have the power to decide the facts and apply the law in felony cases
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supreme court
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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
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crime control
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responds to public opinion and its shaped by the "nasty, brutis" side of life seen in criminal courts
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social justice mission
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you hale to consider what type of person the defendant is.
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strength of the case
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the amount of evidence against the suspect
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social structure of the case
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extralegal influences on the prosecutors decision to charge
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retained counsel
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a lawyer paid for by the client
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appointed counsel
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lawyers assigned to people who cant afford to have their own
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public defenders
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full time defense lawyers paid for by local tax payers
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assigned counsel
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lawyers in private practice selected from a list on a roataing basis either for a fee or pro bono
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contract attorneys
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private attorneys under contracts with local jurisdictions to represent indigent defendants for an agreed upon fee
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bail
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the release of defendants until their cases are decided
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preventive detention
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detaining defendants to protect public safety
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test the government case
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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
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preliminary hearings
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judges review prosecutors charging decisions to determine whether theres probable cause to continue the case against the defendant
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indictment
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a formal written accusation by thr grand jury
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information
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charging document initiated by he prosecutor alone.
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arrangement
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bringing defendants to open court reading the charges against them, and demanding that they pled not guilty, guilty or mole contendre.
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