Final Flashcards

(49 cards)

1
Q

fourth amendment

A

unreasonable search and seizure

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2
Q

fifth amendment

A

protection against self incrimination and double jeopardy.

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3
Q

sixth amendment

A

fair, speedy, and public trial, assistance of counsel, and jury of peers.

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4
Q

eighth amendment

A

protects against excessive fines and bail, cruel and unusual punishment.

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5
Q

kent vs u.s.

A

applies to juveniles who gets tried by adult court.

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6
Q

in re gault

A

applies to juveniles which gives them due rights.

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7
Q

miranda vs. arizona

A

officers need to read you your miranda rights when you are being detained, custodial interrogation.

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8
Q

Tennessee vs. garner

A

you can’t use lethal force on a fleeing suspect; doesn’t apply to correction officers

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9
Q

Terry vs. ohio

A

allows police officers to pat down suspect needs reasonable suspicion, and looking for weapons.

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10
Q

mens rea

A

criminal intent

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11
Q

actus rea

A

criminal act

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12
Q

mala in se

A

wrong in itself; acts that are wrong (assault, theft, and murder)

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13
Q

mala prohibita

A

wrong because they are prohibited

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14
Q

voir dire

A

questioning on jury; conflicts of interest; lawyers can remove prospect juror; to speak the truth

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15
Q

warrant

A

court order that authorizes police to take action; need probable cause; arrest warrant, search warrant

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16
Q

indictment

A

formally charged by the prosecutor

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17
Q

arraignment

A

show up to court to hear the charges, plea (typically)

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18
Q

pardon

A

president (federal) or governor (state) can fully let person out of jail (jail free card); full pardon

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19
Q

affidavit

A

sworn statement of fact; court document that you swear is the truth; lie- contempt of court (prison)

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20
Q

strict liability

A

doesn’t need intent; statutory rape, parking tickets

21
Q

exclusionary rule

A

any evidence not properly attained must be thrown out

22
Q

comprehensive crime control act

A

federal funding can not be used for prisoners to get college education.

23
Q

prison litigation reform act

A

makes it hard for prisoners to sue the prison or correction officers

24
Q

booking

A

the process of formally documenting an arrest by entering the arrested persons information into a system at a police station or jail

25
classical school of criminology
people choose to commit crimes based on a rational decision- making process; weighing potential pleasures against the pain of punishment
26
clearance rate
the percentage of reported crimes that are solved by police, typically through arrest or other exceptional means
27
courtroom workgroup
the cooperative relationships between judges, prosecutors, and defense attorneys, within a courtroom setting; ensures the smooth and fair conduct of trials
28
dark figure of crime
the vast number of crimes that go unreported, making them invisible in official crime statistics
29
defense attorney
legal professional who represents a defendant in a criminal case; ensure the defendants rights are protected throughout the legal process
30
deterrence
the use of punishment to discourage future criminal behavior
31
discretion
the authority of individuals within the system to make decisions based on their own judgement within legal guidelines, rather than strictly following predefined laws; police officers, prosecutors, judges and correctional officers.
32
felony
serious crime generally punishable by death or imprisonment for more than one year in a state or federal prison
33
furlough
an authorized temporary release of an inmate from an institution for a specific purpose; typically granted for reasons like medical appointments, family crisis or to attend court proceedings.
34
jury
a group of citizens sworn to listen to evidence and decide on the facts of a case, ultimately determing guilt or innocence
35
misdemeanor
a less serious criminal offense than a felony, typically punishable by a fine or jail time for up to one year
36
parole
the conditional release of an inmate from prison before the end of their sentence, to serve the remainder of the sentence under supervision in the community
37
peremptory challenge
the practice of excusing potential jurors without providing a reason why
38
plain view doctrine
exception to the warrant requirement; allows law enforcement to seize evidence if it is visible from a location where they have a lawful right to be
39
plea bargaining
a negotiation between the prosecution and the defense, where the defendant agrees to plead guilty to a crime in exchange for a more lenient sentence or reduced charges
40
positivist school or criminology
a theoretical framework that argues that criminal behavior is determined by facts beyond an individual's control, biological, psychological, or sociological influences
41
probation
a court-imposed sentence that allows an offender to remain in the community under supervision, rather than being sent to jail and prison
42
prosecutor
an attorney who represents the government responsible for presenting evidence and arguing that the defendant is guilty of a crime
43
rehabilitation
the process of helping offenders reintegrate into society as law-abiding citizens by addressing underlying issues that contribute to the criminal behavior
44
restitution
a monetary payment by a convicted offender to compensate a victim for losses or damages caused by the crime
45
retribution
a principle that justifies punishment based on the severity of the crime committed, with the punishment being proportional to the offense; eye for an eye
46
status offense
an act that is only illegal when committed by a juvenile, and would not be considered a crime if committed by an adult; school attendance, parental control, or curfew violations
47
technical violation
legal violations that hold individuals accountable regardless of their intent to commit a crime; "mens red" is a crucial element for establishing guilt
48
ucr
nationwide cooperative program that collects data on crimes known to law enforcement agencies; summary of crime stats (number of offenses, arrests, and clearances)
49
victimology
study of crime victims including the study of the relationships between victims and offender and the consequences and effects.