Final Exam Part 2

Question 1

key justification defenses

Answer 1

self defense
duress
necessity
entrapment

Question 2

4th amendment

Answer 2

no unreasonable searches and seizures

Question 3

5th amendment

Answer 3

due process, double jeopardy, self incrimination

Question 4

6th amendment

Answer 4

guarantees rights to trial and counsel

• speedy trial
• trial by jury
• public trial
• right to confront witness
• right to a lawyer

Question 5

8th amendment

Answer 5

prohibition of excessive bail and cruel/unusual punishment

Question 6

due process clause

Answer 6

states that all citizens are entitled to due process before the law, meaning certain steps must happen before a person’s life, liberty or property can be taken away

Question 7

jurisdiction

Answer 7

the authority of a court to hear and decide cases within an area of law or geographic territory

Question 8

courts of limited jurisdiction

Answer 8

aka municipal courts, more “local” in jurisdiction, referred to as “lower courts” because they only handle misdemeanors and civil cases

Question 9

courts of general jurisdiction

Answer 9

aka felony courts, have no restrictions on subject matter, mostly deal w/ felonies and serious civil cases

Question 10

writ of certiorari

Answer 10

a request from a higher court asking a lower court for record of a case; meaning the higher court shows willingness to review it

Question 11

Prosecutors

Answer 11

trial lawyers who initiate and conduct cases

Question 12

prosecutorial discretion

Answer 12

refers to the ability of prosecutors to decide how to handle cases
factors influencing this : legal issues (convictability), extralegal issues or resource issues

Question 13

defense attorney

Answer 13

lawyer representing the defendant

Question 14

initial appearance

Answer 14

the first appearance of the accused before a judge or magistrate. 
defendant is :
informed of charges 
advised of right to counsel 
told amount of bail 
given a date for preliminary hearing

Question 15

preventative detention

Answer 15

retention of an accused without bail in fear the will commit another crime

Question 16

preliminary hearing

Answer 16

a hearing in which a magistrate decides if there is probable cause. If found, the prosecutor issues an information

Question 17

grand jury hearing

Answer 17

a hearing before a grand jury to decide if there is probable cause. If found, the grand jury offers an indictment

Question 18

arraignment

Answer 18

a court proceeding in which the suspect is formally charged

Question 19

motivations for plea bargaining

Answer 19

prosecutor: less risk, guaranteed conviction
defense attorney : often best they can offer
defendant : less risk, some control of fate

Question 20

Voir Dire

Answer 20

the questioning of potential jurors to see if they are biased in some way

Question 21

challenge for cause (jury selection)

Answer 21

legal reasoning for dismissal

Question 22

peremptory challenges

Answer 22

strategic challenges

Question 23

exculpatory evidence

Answer 23

any evidence that aims to prove defendants innocence

Question 24

why did policing change to the “professional model”?

Answer 24

the changed stemmed from corruption and brutality, particularly in the prohibition era

Question 25

what is the "Professional Model?"

Answer 25

centralized police organization, increased use of technology, limitations on discretion the professional model made officers distant to community which led to community policing

Question 26

what led to community policing ?

Answer 26

great conflict between the police and public during the civil rights movement

Question 27

what is community policing ?

Answer 27

smaller police precincts and closer to communities more foot patrols increased emphasis on proactive policing

Question 28

problem oriented policing

Answer 28

very proactive in nature | targeted hot spots (areas with high crime)

Question 29

crime mapping

Answer 29

locating and identifying boundaries of "hot spots"

Question 30

Broken window theory

Answer 30

making sure to address all crime because a community in disrepair signals to potential offenders that crime is tolerated

Question 31

crackdowns

Answer 31

focusing enforcement efforts on a particular kind of crime. This may lead to displacement

Question 32

displacement

Answer 32

moving crime to a new area rather than eliminating it

Question 33

factors encouraging police sub-culture

Answer 33

high media coverage high risk job social isolation

Question 34

search warrant

Answer 34

a court order directing police to search a place for specified objects 1. police must request one from court 2. submit affidavit 3. judge must find probable cause

Question 35

probable cause

Answer 35

an evidentiary standard requiring sufficient evidence to believe a person has committed a crime

Question 36

reasonable suspicion

Answer 36

a presumption of a police officer to make a "stop and frisk"

Question 37

beyond reasonable doubt

Answer 37

a legal standard of proof to commit one of a crime

Question 38

warrantless search

Answer 38

``` stop and frisk search incident of arrest (most common, arms reach) automobile search consent search plain sight search seizure of non physical evidence ```

Question 39

stop and frisk

Answer 39

briefly detain a suspicious person pat down outer clothing comes from terry V ohio

Question 40

exclusionary rule

Answer 40

evidence acquired against due process laws is inadmissible

Question 41

fruit of the poisoned tree

Answer 41

any evidence acquired through the use of illegally obtained evidence is inadmissible

Question 42

interrogation

Answer 42

confessions cannot be physically coerced a person must be aware of rights before confession (miranda) miranda is required when a person is in custody