Chapter 8,9,10 Test Flashcards by Sean Rice

Protection Against unreasonable searches and seizures and protects people’s homes, property, and effects

4th Amendment

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Other aspects of 4th Amendment

Probable Cause
The exclusionary rule
Arrest
Search and Seizure
Electronic surveillance
Lineups

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Guards against self-incrimination and double jeopardy

5th Amendment

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Other uses of 5th Amendment

Confessions

Interrogations

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Right to a speedy and public trial by an impartial jury, the right to effective counsel at trial, and other protections

6th Amendment

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Was enacted to protect all citizens from excessive governmental power

Bill of rights

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intended to limit overzealous behavior by the police

4th Amendment

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The requirement that a neutral magistrate issue warrants for arrest and search

Primary protection of 4th Amendment

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Officer’s searching for and taking away evidence of a crime

Search and seizure

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A document issued by a judge directing police to immediately arrest a person accused of a crime

Warrants, arrest

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Reasonable suspicion or belief that a crime has been, or is about to be, committed by a particular person

Probable cause

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Suspicion that is less than probable cause but more than a mere hunch that a person may be involved in criminal activity

Reasonable Suspicion

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T or F, The court examines the type and amount of probable cause that the officer has at time of arrest

True

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The rule providing that evidence obtained improperly cannot be used against the accused at trial

Exclusionary Rule

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Case in which the exclusionary rule first appeared

Weeks v. United States (1914)

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Any written document in which the signer swears under oath that the statements in the document are true

Affidavit

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T or F, Supreme Court has required police officers to obtain a warrant when making a felony arrest unless exigent circumstances are present

True, unless instance where quick, emergency action is required

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T or F, must have probable cause to stop an individual or vehicle

True

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Requires the police to first knock and announce their presence before entering a person’s home for the purpose of executing a warrant

Search and seizure in general

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Exceptions of search and seizure

If knocking and announcing would endanger the officers or lead to the destruction of evidence

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Types of searches and seizures without a warrant

Searches incidental to lawful arrest
Searches during field interrogation (stop-and-frist searches)
Searches of automobiles under special conditions
seizures of evidence that is in plain view
searches when consent is given

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Searches incidental to a lawful arrest are limited to the area within the arrestee’s immediate control or that area from which he or she might obtain a weapon

Searches incidental to lawful arrest (Chimel v. California)

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Carroll v. United states

Officers searched the vehicle of a known bootlegger without a warrant but with probable cause

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If lawfully on the premises and plain-view discovery is advertent, they may seize the contraband

Plain view and open view searches

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T or F, Consent to search must be voluntary

True

T or F, The constitution does not ignore the privacy rights of an individual who is present and asserting his rights when one occupant consents to search while the other refuses

True

Katz v. United States

Any form of electronic surveillance is a search and violates a reasonable expectation of privacy

Criminal defendants as well as any witness in a civil or criminal case and anyone testifying before an administrative body, Grand jury, or a congressional committee

Application of 4th amendment

Criminal defendants as well as any witness in a civil or criminal case and anyone testifying before an administrative body, Grand jury, or a congressional committee

Application of 4th amendment

What is one of the most significant provisions

The right against self-incrimination

Two legal triggers of 5th amendment

Custody and Interrogation

Police questioning of a suspect about a particular crime

Interrogation

Police questioning of a suspect about a particular crime

Interrogation

T or F, Second interrogation session held after the suspect has initially refused to make a statement does not violate Miranda

True

A procedure in which police ask suspects to submit to a viewing by witnesses to determine the guilty party

Lineups

A procedure in which police ask suspects to submit to a viewing by witnesses to determine the guilty party

Lineups

Powell v. Alabama

In a capital case, when the accused is poor and illiterate, he or she enjoys the right to assistance of counsel for his or her defense and due process

Gideon v Wainwright

All indigent people charged with felonies in state courts be provided counsel Only Felony Defendants

Argersinger v Hamlin

Extended right to counsel to indigent people charges with misdemeanor crimes if they face the possibility of incarceration

Escobedo v Illinois

Conviction was overturned based on a violation of his right to council

All of the steps in the adjudicatory process, from indictment or charge to conviction or acquittal

Trial Process

The four-tiered federal system that includes supreme courts, circuit courts of appeal, district courts, and magistrate courts

Federal court system

A term basically meaning there are both state and federal court systems

Dual court system

T or F, Most people would not agree that the traditional, primary purpose of our courts is to provide a forum for seeking and obtaining truth

False

A legal system wherein there is a contest between two opposing sides, with a judge (and possibly jury) sitting as an impartial arbiter, seeking truth; Evidence is tested under this approach through cross-examination of witness

Adversarial system

The act of creating laws or setting standards to govern the activities of government; the Supreme Court, for example, has engaged in policy making in several areas, such as affirmative action, voting, freedom of communication and expression, and so on

Policy Making

T or F, U.S. Supreme Court decisions have also dramatically changed race relations, resulted in the overhaul of juvenile courts, increased the rights of the accused, prohibited prayer and segregation in public schools, legalized abortion, and allowed for destruction of the U.S. flag

True

A link between one’s act and the injurious act or crime, such as one tossing a match in a forest and igniting a deadly fire

Causation

o Lowest level of state courts, also known as inferior courts or trial courts o Variously called district, justice, justice of the peace, city, magistrate, or municipal courts, the lower courts decide a restricted range of cases o The workload of the lower courts can be divided into felony criminal cases, nonfelony criminal cases, and civil cases

Limited Jurisdiction: Lower Courts

The power of a court to hear a particular type of case; also, the territory where a court may conduct its work—city, county, state, or federal

Jurisdiction

T or F, Majority of judicial business occurs at Federal level, not state

False

o A level of courts in state courts that stand between trial courts and courts of last resort; they typically have appellate jurisdiction only

Intermediate courts of appeal

The last court that may hear a case at the state or federal level

Court of last resort

o Trial courts at the county, state, or federal levels with general and original jurisdiction

U.S District Courts

Number of U.S District Courts

Number of district courts within the 50 states

How many judgeships created for district courts

678

Circuit courts, hear appeals from the district courts within their respective federal judicial circuit and are considered to be very powerful and influential in their own right

Federal Courts of appeals

The four-tiered federal system that includes supreme courts, circuit courts of appeal, district courts, and magistrate courts

Federal Court System

How many Judges for court of appeals

179

Who are Judges for court of appeals nominated by

The president and confirmed by senate

The court of last resort in the United States; also the highest appellate court; it consists of nine justices who are appointed for life

Supreme Court

In what part of constitution do federal courts have basis in

Article III, section 1

An order from a higher court directing a lower court to send the record of a case for review

Writ of certiorari

If four justices decide to grant cert, the court will agree to hear the case

Rule of four

A legal doctrine requiring that one must not be a party to a lawsuit unless he has a personal stake in its outcome

Standing

Basically a clerical procedure for when an arrestee is taken to jail and a record is made of his or her name, address, charge(s), arresting officers, time and place of arrest, and so on

Booking

A formal proceeding during which the accused is read his or her rights, informed of the charges, and given the amount of bail required to secure pretrial release

Initial Appearance

Surety (e.g., cash or paper bond) provided by a defendant to guarantee his or her return to court to answer to criminal charges

Bail

Risk of bail

Risk of flight Presumption of innocence Safety of Community

Form of payment for bail

Cash or secure bail bond

A stage in the criminal process conducted by a magistrate to determine whether a person charged with a crime should be held for trial based on probable cause; does not determine guilt or innocence

Preliminary Hearing

A body that hears evidence and determines probable cause regarding crimes and can return formal charges against suspects; use, size, and functions vary among the states

Grand Jury

A criminal court proceeding where a formally charged defendant is informed of the charges and asked to enter a formal plea of guilty or not guilty

Arraignment

A preconviction process between the prosecutor and the accused in which a plea of guilty is given by the defendant, with certain specified considerations in return—having several charges or counts tossed out, a plea by the prosecutor to the court for leniency or shorter sentence, and so on

Plea Negotiation or Bargaining

T or F, All criminal defendants are guaranteed right to a trial by jury

False

When you waive your right to jury trial and be tried by judge alone

Bench trial

done prior to trial, to include quashing of evidence, change of venue, discovery, to challenge a search or seizure, to raise doubts about expert witnesses, to exclude a defendant’s confession, and so on

Pretrial Motions

A procedure wherein both the prosecution and the defense exchange and share information as to witnesses to be used, results of tests, recorded statements by defendants, psychiatric reports, and so on, so that there are no major surprises at trial; known as “Brady material,” based on Brady v. Maryland (1963)

Discovery

Programs given usually to young offenders to help them

Diversion Programs

An attempt (usually by defense counsel) to have a criminal trial continued until a later date

Delay

Legal error (e.g., improperly admitted evidence, improper jury instructions), juror misconduct, ineffective counsel, or lack of sufficient evidence to support a guilty verdict

Appeal

Achieving Paper on Demand Digital recording Conducting hearings via videoconferencing

Technologies in the courts

a means of selecting judges whereby names of interested candidates are considered by a committee and recommendations are then made to the governor, who then makes the appointment

Merit selection or Missouri Plan

Multiple candidates may seek the same judicial position; voters cast ballots; candidates have party affiliations

Partisan Election

Candidate’s part affiliation not designated on the ballot

Nonpartisan election

Judge appointed by the governor without a judicial nominating committee; may require confirmation by legislature or executive council

Gubernatorial appointment

Judges are nominated and appointed or elected by legislative vote only

Legislative appointment/election

May be said to be the single most powerful person in the American criminal justice system

Prosecutor

One whose responsibility is to see that the rights of the accused are upheld prior to, during, and after trial; the Sixth Amendment provides for “effective” counsel, among other constitutionally enumerated rights that defense attorneys must see are upheld

Defense attorneys

There can be no equal justice where the kind of trial a man gets depends on the amount of money he has

Griffin v. Illinois

♣ An attorney whose full-time job is to represent indigent defendants ♣ Paid government employees ♣ Commonly found in larger jurisdictions

Public Defender

Chapter 8,9,10 Test Flashcards

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