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Medications and Behavior > Criminal Procedure FINAL > Flashcards

Criminal Procedure FINAL Flashcards

1
Q

Mirandized

A

A term used by law enforcement officers to indicate that the suspect has been given the Miranda warnings

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2
Q

Miranda rule

A

Evidence obtained by the police during custodial interrogations cannot be used in court during trial unless the defendant was first informed of the right not to incriminate himself or herself and the right to a lawyer

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3
Q

Confession

A

A person says he or she committed th act

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4
Q

Admission

A

A person admits to something related to the act but may not have committed it.

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5
Q

Myth v. Reality: Police must give the Miranda warnings exactly as the Supreme Court specified

A

Myth

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6
Q

Myth v. Reality: Police do not have to give the Miranda warnings verbatim but must provide warnings which adequately convey the four components of the Miranda warnings

A

Reality

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7
Q

waiver

A

An intentional giving up of a known right or remedy

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8
Q

Intelligent waiver

A

One given by a suspect who knows what he or she is doing

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9
Q

Voluntary waiver

A

A waiver that is not the result of any threat, force or coercion

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10
Q

Myth vs. Reality: Police must obtain a signed waiver for a confession to be admissible after they give the Miranda warnings.

A

Myth

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11
Q

Myth vs. Reality

A

Police do not have to obtain a signed waiver; the waiver may be verbal. The better practice however, is to obtain a signed waiver

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12
Q

Custodial interrogation

A

An interrogation that takes place while a suspect is in custody

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13
Q

Custody

A

When the suspect is under arrest or deprived of freedom in a significant way

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14
Q

Deprived of freedom in a significant way

A

When a person’s freedom of movement is limited by the police and a reasonable person in the same circumstances would feel he or she was in custody

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15
Q

Interrogation

A

When the police ask questions that tend to incriminate or create the functional equivalent of an interrogation

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16
Q

Functional equivalent of an interrogation

A

Instances in which no questions are actually asked by the police but in which the circumstances are so conducive to making a statement or confession that the courts consider them to be the equivalent of interrogation

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17
Q

Edwards rule

A

Once a suspect invokes the right to remain silent, he or she cannot be questioned again for the same offense unless he or she initiates further communication, exchanges, or conversation with the police

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18
Q

Collateral derivative evidence

A

Evidence of a secondary nature that is related to the case but not directly a part of it.

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19
Q

General on-the-scene questioning

A

Questioning at the scene of the crime

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20
Q

Volunteered statement

A

one given by the suspect without interrogation

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21
Q

voluntary statement

A

a statement given without coercion and of the suspect’s own free will

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22
Q

Public safety exception

A

Responses to questions by the police without the Miranda warnings are admissible if the questions are reasonably prompted by concerns for public safety

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23
Q

Harmless error rule

A

A rule stating that an error made by the trial court in admitting illegally obtained evidence does not lead to a reversal of the conviction if the error is determined to be harmless. The prosecution has the burden of proving that the error is in fact harmless

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24
Q

Voir dire

A

A process whereby potential jurors are assembled in court and questioned by the judge or attorneys so either side can determine if they should be chosen for or disqualified from membership in a trial jury

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25
Q

Nonunanimous verdict

A

A verdict by a jury that is not the result of a unanimous vote

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26
Q

Hung jury

A

A jury that cannot come to a unanimous agreement to convict or acquit

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27
Q

Serious offense

A

for purpose of a jury trial, one for which more than six months imprisonment is authorized

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28
Q

Petty offense

A

For purpose of a jury trial, it is an offense whose maximum penalty is six months or less

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29
Q

Myth vs. Reality: A defendant has the right to a jury of peers, and that means the jury must include people similar in age or race or gender to the defendant

A

Myth

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30
Q

Myth vs. Reality: A defendant’s right to a jury of peers means only that the jury must come from the same community as where the crime occurred and be representative of the community generally, not the defendant specifically

A

Reality

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31
Q

Jury of peers

A

A jury that is not consciously restricted to a particular group

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32
Q

Peremptory challenges

A

A challenge to exclude a potential juror for which no reason is stated

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33
Q

Challenges for cause

A

A challenge to exclude a potential juror based on legal reasons

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34
Q

Retained counsel

A

An attorney chosen and paid by the accused

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35
Q

Court-appointed counsel

A

A defense lawyer appointed by the court for a defendant who is too poor to pay

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36
Q

Indigent defendants

A

A defendant who is too poor to hire a lawyer

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37
Q

Myth or Reality: A convicted offender can get a new trial simply by showing that their counsel made some mistakes during trial

A

Myth

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38
Q

Myth or Reality: It is very difficult to establish ineffective assistance of counsel as defined by the Supreme Court mistakes by defense counsel alone are rarely sufficient to warrant a new trial for a defendant

A

Reality

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39
Q

Procedural due process

A

The legal process that is to be followed, depending upon the type of proceeding involved

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40
Q

Substantive due process

A

There are aspects of a person’s life that cannot be regulated by the government because they are so basic and private to the individual

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41
Q

Brady rule

A

The prosecutor has a duty to disclose evidence favorable toa a defendant

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42
Q

Physical self-incrimination

A

Involves real or physical evidence

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43
Q

Testimonial or communicative self-incrimination

A

That which explicitly or implicitly relates a factual assertion or discloses information

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44
Q

Privilege of the accused

A

The privilege not to testify during trial.

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45
Q

Privilege of a witness

A

Any witness, other than an accused on the witness stand, has the privilege to refuse to disclose any information that may tend to incriminate him or her

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46
Q

Immunity

A

The person granted immunity will not be prosecuted in a criminal case

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47
Q

Transactional immunity

A

Full immunity, meaning the witness can no longer be prosecuted for any offense arising out of that act or transaction

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48
Q

Use and derivative use immunity

A

Partial immunity meaning the witness can still be prosecuted on the basis of evidence other than his or her testimony, if the prosecutor has such independent evidence

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49
Q

Sequestration

A

Keeping jurors together during the trial and strictly controlling contact with the outside world

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50
Q

Sentencing

A

The formal pronouncement of punishment following conviction in a criminal prosecution

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51
Q

Due process

A

Fundamental fairness

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52
Q

Positive school of criminology

A

Advocates that penalty should fit the offender instead of the offense

53
Q

Sentencing disparity

A

different sentences given for similar crimes committed under similar circumstances

54
Q

Mandatory sentences

A

Sentences that must be imposed by the judge of jury; no deviation is allowed

55
Q

Presumptive sentences

A

A specified sentence is set by law, but may be increased or decreased depending on the presence of aggravating or mitigating circumstances

56
Q

Sentencing guidelines

A

guidelines that provide structure for judges by specifying the sentencing range tha thsould be imposed for offenses

57
Q

Blended sentencing

A

Sentences given to juveniles that combine juveniles and adult sentences

58
Q

Bifurcated trial

A

The trial has two stages: the guilt or innocence stage and the punishment stage

59
Q

Myth vs. Reality: The death penalty may be imposed for crimes other than first-degree murder.

A

Myth

60
Q

Myth vs. Reality: The death penalty may only be imposed in cases where the defendant has been convicted of first-degree murder and the jury has found the existence of aggravating circumstances

A

Reality

61
Q

Determinate sentencing

A

A sentence that specifies the period of incarceration based on guidelines

62
Q

Indeterminate sentencing

A

A sentence that gives wide discretion to the sentencing authority

63
Q

Concurrent sentence

A

Sentences served at the same time

64
Q

Consecutive sentence

A

Sentences served on after the other

65
Q

Old approach to prisoner’s rights

A

Prisoners had only a few rights because they are incarcerated

66
Q

New approach to prisoner’s rights

A

Prisoners have the same rights as people in the free world, except those rights that can be denied them for justified reasons

67
Q

parole

A

The prisoner is released before the end of his or her prison term, but subject to supervision by a parole officer

68
Q

Myth vs. Reality: Inmates enjoy a wide variety of constitutional rights, similar to those enjoyed by people outside of prison

A

Myth

69
Q

Myth vs. Reality: Inmates enjoy only limited constitutional rights; their conviction and incarceration limit most of their rights to a significant degree

A

Reality

70
Q

Probation

A

A convicted offender is allowed to remain free in the community, subject to court-imposed conditions and under the supervision of a probation officer

71
Q

Shock probation

A

An offender serves time in prison, after which he or she is discharged and placed on probation

72
Q

Intensive probation

A

The probationer is supervised more closely than in regular probation

73
Q

Special conditions

A

Conditions to meet the special needs of an offender

74
Q

Intermediate sanctions

A

Sanctions that less severe and less costly than prisons, but more restrictive than traditional probation

75
Q

Community service

A

Places an offender in unpaid position with nonprofit or tax-supported agencies to perform a specified service

76
Q

Electronic monitoring

A

as offender is placed on an electronic monitor that constantly tracks his or her location

77
Q

Boot camp

A

A military-style institution intended to provide discipline and education as well as punishments, usually for younger and first-time offenders

78
Q

Fine

A

monetary punishment

79
Q

monetary penalty

A

a sum of money exacted by an administrative agency for the doing of or failure to perform some act

80
Q

forfeiture

A

taking away the property of an offender without compensation

81
Q

restitution

A

a victim is restored to his or her original situation prior to the less or injury

82
Q

Section 1983 case

A

A lawsuit filed under federal law that seeks damages from a police officer, supervision, and/or department

83
Q

Acting under color of law

A

Officer using power possessed by virtue of law

84
Q

Under color of law

A

When the officer uses power possessed by virtue of law and made possible only because the officer is clothed with the authority of the state

85
Q

Myth vs. reality: Police officers are never liable for acts they engage in while off-duty

A

Myth

86
Q

Myth vs. Reality: Police officers may believable anytime they are acting under color of law and this may include times hen the officer is off duty, if to officer used his or her position to advantage

A

Reality

87
Q

Qualified immunity defense

A

An officer is not civilly liable unless he or she violated a clearly established statutory or constitutional right of which a reasonable person would have known

88
Q

Clearly established constitutional right

A

a right so established that a reasonable police officer would have known his or her act was unlawful

89
Q

Probable cause

A

A reasonable good faith belief in the legality of action taken

90
Q

tort

A

A civil wrong in which the action of one person causes injury to the person or property of another, in violation of a legal duty imposed by law

91
Q

intentional tort

A

Occurs when there is an intention on he part of the officer to bring some physical harm or mental coercion upon another person

92
Q

False arrest

A

when the officer makes an illegal arrest

93
Q

False imprisonment

A

when a person is placed in confinement without any valid reason

94
Q

Assault

A

The attempt or threat to inflict bodily harm on another person

95
Q

Battery

A

The intentional infliction of harmful or offensive bodily contact

96
Q

Reasonable force

A

The force that a prudent and cautious person would use if exposed to similar circumstances

97
Q

punitive force

A

force that is meant to punish rather than control

98
Q

Deadly force

A

Force that, when used, would lead a reasonable officer objectively to conclude that it poses a high risk of death or serious injury

99
Q

Wrongful death

A

When death occurs as a result of an officer’s unlawful action or inaction

100
Q

Negligence tort

A

A tort that occurs when there is a breach of a common law or statutory duty to act reasonably toward those who may foreseeably be harmed by one’s conduct

101
Q

Public duty doctrine

A

Government functions are owed to the general public but not to specific individuals, thus there is generally no liability for failing to protect a member of the public

102
Q

Special relationship

A

If a duty is owed to a particular person rather than to the general public, then a police officer or agency that breaches that duty can be held liable

103
Q

Official immunity

A

a defense in state tort cases if an act is discretionary, done in good faith, and the officer was acting within the scope of authority

104
Q

Discretionary act

A

An act that involves personal deliberation, decision, and judgement

105
Q

Good faith

A

When an officer acts in the honest belief that the action taken or the decision was appropriate under the circumstances

106
Q

Acting within the scope of authority

A

When an officer is discharging the duties generally assigned.

107
Q

Indemnification

A

Compensation for incurred hurt, loss, or damge

108
Q

Myth or Reality: If a police officer is sued, the police department will cover all of the costs of his or here defense

A

Myth

109
Q

Myth or reality: Police departments do not always cover the costs of defending a police officer who is sued. It depends on agency policy and whether the officer’s conduct was egregious

A

Reality

110
Q

Deliberate indifference

A

No fixe definition; generally a higher form of negligence than mere indifference but lower than conduct that shocks the conscience

111
Q

Deep pocket theory

A

Officers generally have limited financial resources, but the city, county, or municipality has deeper pockets of funds

112
Q

Municipal policy

A

A statement, ordinance, regulation or decision that is officially adopted and promulgated by governmental authorities

113
Q

Municipal custom

A

A persistent widespread practice that is so common or well settled as to constitute municipal policy

114
Q

Electronic surveillance

A

The use of electronic devices to monitor a person’s activities or location

115
Q

Old concept of electronic surveillance

A

Electronic surveillance was unconstitutional only if there was a trespass

116
Q

New concept of electronic surveillance

A

Electronic surveillance is unconstitutional if it violates a reasonable expectation of privacy

117
Q

Myth v. Reality: The Fourth Amendment only applies to situations where police trespass or interfere with a person’s house, papers, or effects

A

Myth

118
Q

Myth vs. Reality: The Fourth Amendment applies whenever and wherever a person has a reasonable expectation of privacy

A

Reality

119
Q

Title III of the Omnibus Crime Control and Safe Streets Act of 1968

A

government agents cannot tap or intercept wire communications except if a court order has authorized the wiretap, or if consent is given by one of the parties

120
Q

Electronic Communications and Privacy Act of 1986

A

Amends and supplements the provisions of Title III

121
Q

Communications Assistance for Law Enforcement Act in 1994

A

Enacted to keep up with advance in telecommunications technology

122
Q

Foreign intelligence Surveillance Act of 1978

A

sees the procedure for foreign intelligence

123
Q

Pen registers

A

Devices that record the numbers dialed from a particular telephone

124
Q

Myth vs. Reality: Police may install a tracking device on a vehicle any time it is in public, because there is no reasonable expectation of privacy in a public area

A

Myth

125
Q

Myth vs. Reality: Police may not install a tracking device on a vehicle without a search warrant, as a vehicle is an effect protected by the Fourth Amendment from police trespass

A

Reality

126
Q

USA Patriot Act

A

Acronym for the 2001 antiterrorism law, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and obstruct Terrorism Act of 2001 and subsequent amendments

127
Q

Department of Homeland Securtiy

A

consolidated twenty-two federal agencies; its purpose is to secure the homeland from terrorist attacks

128
Q

Community Oriented Policing Services (COPS)

A

federal-local law enforcement program efforts to fight terrorism

Medications and Behavior (40 decks)

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