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American Criminal Justice System > Everything > Flashcards

Everything Flashcards

(97 cards)

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1
Q

6 Legal Exceptions to Warrantless Searches

A

1: Search Incident to Lawful Arrest
2: Plain view doctrine
3: Consent
4: Stop and Frisk
5: Automobile Exception
6: Emergencies

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2
Q

3 Parts of the Criminal Justice System

A

Police, Courts and Corrections

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3
Q

Adjudication

A

Determining whether a defendant is guilty or not

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4
Q

Administration of justice

A

The performance of basic activities within the criminal justice system

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5
Q

Administrative law

A

Body of regulation government create to control the activities of industries, businesses, and individuals

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6
Q

Affirmative Defense

A

A defense which the defendant introduces evidence which will negate criminal or civil liability

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7
Q

Alibi

A

The claim that the defendant could not have committed the crime because they were somewhere else at the time

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8
Q

Amendment 1

A

The freedom of speech, religion, press and assembly

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9
Q

Amendment 14

A

Gives constitutional rights to all citizens

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10
Q

Amendment 4

A

Protects people from unreasonable search and seizure

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11
Q

Amendment 5

A

Against forced self incrimination (Right to remain silent)

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12
Q

Amendment 6

A

Rights of defendants to a public trial and lawyer (Right to a speedy trial)

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13
Q

Amendment 8

A

Excessive bail shall not be required

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14
Q

Arrest (Which amendment)

A

Taking a person into custody (Form of seizure under 4th amendment)

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15
Q

Burden of proof needed by a police officer to make an arrest

A

Probable Cause

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16
Q

Case Law

A

Law resulting from Judicial decisions

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17
Q

Chimel v California (1969)

A

Police officers only had an arrest warrant, but search Chimel’s house with reasonable suspicion

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18
Q

Civil Justice

A

A component of social justice concerned with fairness in relationships between citizens, gov agencies, and businesses in private matters

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19
Q

Terry vs Ohio (4th amendment)

A

2 offenders were stopped and frisked by a police officer under reasonable suspicion

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20
Q

Civil Law

A

Governs relationships between and among parties

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21
Q

Civil Rights Era (When?)

A

Strong emphasis on individual rights (1960’s to 1970’s)

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22
Q

Prosecutorial Misconduct

A

Actions by prosecutors to give unfair advantage to government or prejudice the rights of a defendant

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23
Q

Common Law

A

Traditional body of law of usage and custom

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24
Q

Community Policing Era

A

Result of Civil Rights and Anti War movements (Provide services to community)

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25
Corpus Delicti
The body of a crime
26
Corrections
Period following sentencing
27
Crime
An illegal act which someone can be punished by government
28
Crime Control Model
Punish and repress criminal conduct
29
Crime Models
1: Crime Control 2: Due Process Model
30
Criminal Court
The court in which misdemeanor and violation cases are handled
31
Criminal Defenses
Age, Alibi, Consent, Duress, Entrapment, Insanity, Intoxication, Mistake, Necessity, Self Defenses
32
Criminal Justice
The aspects of social justice that concern violations of the criminal law
33
Culpable Mental States
Intentionally/Purposefully, Knowingly, Recklessly, Criminal Negligence
34
Cultural Competence
Ability to interact effectively with people of different cultures
35
Defendant
Against plaintiff
36
Defense
Evidence and argument offered by the defendant
37
Defense of home and property
Reasonable force to protect property
38
Defense of others
Reasonable force to defend others
39
Discretion
The ability or power to decide responsibly
40
Double Jeopardy (Collateral Estoppel)
Prohibits a second trial for the same offense
41
Due Process (Which amendment?)
Procedural Fairness (4,5,6 and 14th amendment)
42
Elements of a crime
The Act, The Attendants Circumstances, The State of Mind (Intent)
43
Exceptions to the Exclusionary Rule
1: Good Faith 2: Independent Source Doctrine 3: Inevitable Discovery Doctrine 4: Attenuation Doctrine
44
Exclusionary Rule
Evidence obtained illegally cannot be used in a trial
45
Felony
A crime that is punishable by a term of imprisonment for more than one year
46
Inchoate Offenses/Incomplete Offense
An offense not yet completed or not yet carried out
47
Infraction(Violation)
An offense punishable by a fine or up to 15 days in jail
48
Insanity
Defense based on claims of mental illness or mental incapacity
49
Jurisprudence
Philosophy of Law
50
Justice
The principle of fairness
51
Law
A system of rules to govern behavior
52
Legalistic style
No discrimination in making arrests
53
Mapp v Ohio
Police forcefully entered Ms. Mapps home and found pornographic books but police had no search warrants (Applied exclusionary rule to states)
54
Miranda vs Arizona (5th and 6th Amendment)
Miranda wasn't advice of her rights by the police officers, claiming that his confession was obtained unconstitutionally (5th and 6th Amendment)
55
Misdemeanor
A crime punishable by probation, a fine or up to one year in jail
56
Multiculturalism
Society containing diverse groups maintain unique cultural identities
57
NCVS stands for (Year it began?)
National Crime Victimization Survey(1972)
58
NIBRS stands for (And what year did it began?)
National Incident Based Reporting System (2021)
59
Parties to a civil suit
Plaintiff and Defendant
60
Penal code (also called Criminal Law)
Written form of Criminal Law
61
Periods of American Policing
1: Political Era (1840-1920) 2: Professional Model Era (1920-1970) 3: Community Policing Era (1970-Present)
62
Plaintiff
Seeks relief
63
Police agencies are responsible for four functions
1: Enforce the law 2: Maintain Order 3: Preventing Crime 4: Provide services to the community
64
Police misconduct
Defense available to defendants victimized by police through planted evidence or false arrest
65
Policing Styles
1: Watchman 2: Legalistic 3: Service
66
Political Policing Era
Close ties between police and politicans (Police took pay-offs)
67
Precedent
A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases.
68
Principles of Criminal Law
Legality, Actus Reus, Causation, Harm, Concurrence, Mens Rea, Punishment
69
Procedural Fairness
The process by which decisions that feel fair those involved are made
70
Procedural Justice
The application of procedural fairness to the criminal justice system
71
Procedural Law
The part of the law that specifies the methods to be used in enforcing substantive law.
72
Professional Era
Progressive Movement
73
Qualified Immunity
Legal immunity that protects police from being held accountable for violating a persons rights
74
Reentry
An offender may be returned to the community
75
Seizure
Use of authority to derive someone of liberty or property
76
Self Defense
Inflict harm to ensure their safety of injury or death
77
Service style
Informal nonarrest measures designed to assist citizens
78
Social Diversity
Differences between individuals and groups in the same society
79
Social Justice
An ideal that embraces all aspects of civilized life
80
Socialization
Process which rules symbols or values of a group are learned by members of law enforcement
81
Standard of proof in a civil case
Preponderance of Evidence
82
Standard of proof in a criminal case(To convict someone at trial)
Beyond a Reasonable Doubt
83
Statutory Law
Law passed by US Congress or state legislatures
84
Strict Liabilities (Liability offenses)
Liability without fault or intention. Strict liability offenses do not require mens rea.
85
Substantive Criminal Law
The part of the law that defines crimes and specifies punishments.
86
The Rule of Law
Everyone must abide by the law
87
Due Process Model
Protect the accused rights (Innocent until proven guilty)
88
Tort
A wrongful act, damage, or injury not involving a breach of contract.
89
Two Major Sources of Crime Statistics
1: UCR/NIBRS: Run by FBI 2: NCVS: Run by Bureau of Justice Statistics
90
UCR Program (Stands for) (What year did it begin)
Uniform Crime Reporting Program(1930)
91
Uniform Crime Reporting (UCR) Program violent crimes
Murder/Non-Negligent Manslaughter, Rape, Robbery, Aggravated Assault, Burglary, Larceny-Theft, Motor Vehicle Theft, Arson
92
Watchman style
Order maintenance
93
Weeks v U.S (1914)
Police officers went into his home without a search warrant and found illegal lottery tickets (4th amendment)
94
What do police officers need to lawfully stop and detain someone
Reasonable Suspicion
95
When was Due Process set? By who?
Set in the 1960's by the Warren Court
96
Wolf vs Colorado (1949)
Charged wolf with abortions but ADA didn't have a search warrant (Incorporated the 4th amendment)
97
Discovery
Formal process in which parties to a case in court exchange information about the case

American Criminal Justice System (5 decks)

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