Final Flashcards
(49 cards)
fourth amendment
unreasonable search and seizure
fifth amendment
protection against self incrimination and double jeopardy.
sixth amendment
fair, speedy, and public trial, assistance of counsel, and jury of peers.
eighth amendment
protects against excessive fines and bail, cruel and unusual punishment.
kent vs u.s.
applies to juveniles who gets tried by adult court.
in re gault
applies to juveniles which gives them due rights.
miranda vs. arizona
officers need to read you your miranda rights when you are being detained, custodial interrogation.
Tennessee vs. garner
you can’t use lethal force on a fleeing suspect; doesn’t apply to correction officers
Terry vs. ohio
allows police officers to pat down suspect needs reasonable suspicion, and looking for weapons.
mens rea
criminal intent
actus rea
criminal act
mala in se
wrong in itself; acts that are wrong (assault, theft, and murder)
mala prohibita
wrong because they are prohibited
voir dire
questioning on jury; conflicts of interest; lawyers can remove prospect juror; to speak the truth
warrant
court order that authorizes police to take action; need probable cause; arrest warrant, search warrant
indictment
formally charged by the prosecutor
arraignment
show up to court to hear the charges, plea (typically)
pardon
president (federal) or governor (state) can fully let person out of jail (jail free card); full pardon
affidavit
sworn statement of fact; court document that you swear is the truth; lie- contempt of court (prison)
strict liability
doesn’t need intent; statutory rape, parking tickets
exclusionary rule
any evidence not properly attained must be thrown out
comprehensive crime control act
federal funding can not be used for prisoners to get college education.
prison litigation reform act
makes it hard for prisoners to sue the prison or correction officers
booking
the process of formally documenting an arrest by entering the arrested persons information into a system at a police station or jail