FINALLLSSS

Question 1

8th Amendment

Answer 1

Bails, fines, punishment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

Question 2

6th Amendment

Answer 2

Right to a fair trial: In all criminal prosecutions, the accused shall have the right to a speedy and fair trial in a state/district where crime occurred, impartial (unbiased) jury of your peers, can face your accuser, can get witnesses for your side, the right to counsel

Question 3

5th Amendment

Answer 3

Rights in criminal cases: Indictment by a Grand Jury; no double jeopardy; can’t be forced to testify against yourself; cannot be deprived of life, liberty, or property without due process; no private property can be used as public w/o compensation

Question 4

4th Amendment

Answer 4

Search and seizure: The right for citizens to be secure in their persons, houses, papers, and effects; protected against unreasonable searched and seizures; no warrants without probable cause

Question 5

seizure

Answer 5

legal term for an arrest (person suspected of a crime is taken into custody)

Question 6

duress

Answer 6

threat of harm made to compel person to do something against his or her will or judgement

Question 7

corroborate

Answer 7

to confirm (usually a tip about a crime)

Question 8

exclusionary rule

Answer 8

any evidence found through an illegal search cannot be used at a trial

Question 9

affidavit

Answer 9

a sworn statement of facts and circumstance; typically filed by a policeman (and sometimes obtained from a witness)

Question 10

self-incrimination

Answer 10

it involves the right to “plead the 5th” when being interrogated by the police; the Miranda decision protects those arrested for a crime against forcing someone to act as a witness against oneself

Question 11

mistake of fact

Answer 11

a criminal defense that attempts to limit criminal liability on the ground that the defendant operated based on an incorrect assumption of fact rather than a criminal purpose: no men rea (no criminal intent to do harm)

Question 12

probable cause

Answer 12

reasonable belief that a person has committed a crime

Question 13

entrapment

Answer 13

a law enforcement agent induces (convinces) a person to commit a criminal offense that he would have otherwise been unlikely to commit

Question 14

knock and announce

Answer 14

police can ignore this legal procedure when circumstances present a threat to the officers (or if evidence could be destroyed with advance notice)

Question 15

sting operation

Answer 15

a deceptive but legal operation designed to catch a person committing a crime

Question 16

fruit of the forbidden tree

Answer 16

evidence is excluded from a trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation

Question 17

contraband

Answer 17

illegal items

Question 18

assault

Answer 18

intentional offensive or harmful touching of another person without their consent

Question 19

battery

Answer 19

an attempt to injure someone else; typically a direct act that would put a reasonable person in fear for his/her safety

Question 20

marbury v madison

Answer 20

judicial review: the supreme court has the power to declare laws unconstitutional

Question 21

miranda v arizona

Answer 21

before questioning a suspect after an arrest, you must inform them of their rights, including their right to speak to an attorney

Question 22

brown v board of ed

Answer 22

separate but equal abolished

Question 23

obergefell v hodges

Answer 23

gay marriage is legal in the us

Question 24

gideon v wainwright

Answer 24

right to an attorney

Question 25

plessy v ferguson

Answer 25

separate but equal

Question 26

furman v georgia

Answer 26

death penalty is cruel and unnusual

Question 27

citizen's united v fec

Answer 27

corporations have the same right as people, and money is speech

Question 28

scott v sanford

Answer 28

slaves are propety and have no rights | missouri compromise is unconstitutional

Question 29

schenck v us

Answer 29

placed limits on free speech

Question 30

collin v smith

Answer 30

allowed a Nazi group to march

Question 31

roe v wade

Answer 31

women have the right to an abortion

Question 32

plea bargain

Answer 32

agreements between defendants and prosecutors whose defendants agree to plead guilty in exchange for concessions from the prosecutors (typically a lesser charge)

Question 33

direct examination

Answer 33

questioning by the side that has called the witness

Question 34

charging the jury

Answer 34

judge reviews the following with the jury before allowing deliberation 1. defendant is innocent until proven guilty 2. burden of proof lies with the prosecution 3. after considering all the evidence, if reasonable doubt exists the jury must acquit

Question 35

hearsay

Answer 35

this type of evidence is not permissible in court; a witness cannot introduce another's words in court as evidence

Question 36

pretrial motion

Answer 36

maneuver where the defense attempts to have certain evidence suppressed

Question 37

opening statement

Answer 37

in this part of a trial, the prosecution explains the charge to the jury, describes the alleged crime, and provides a general outline of the state's case

Question 38

arraignment

Answer 38

point in criminal proceedings where the defendant enters a plea (which is almost always not guilty)

Question 39

cross-examination

Answer 39

questioning by the side that did not call the witness

Question 40

redirect-examination

Answer 40

when the side that called a witness asks that witness further questions for the sake of clarification

Question 41

grand jury

Answer 41

this type of jury decides whether there is sufficient evidence to justify a criminal trial (protects against police harassment); typically made up of 16-23 people; can also inquire about any alleged crime

Question 42

venireman

Answer 42

a prospective juror

Question 43

general challenge

Answer 43

during jury selection, when an attorney believes that a prospective juror does not meet the legal qualifications to serve, she issues this type of challenge

Question 44

particular challenge

Answer 44

during jury selection, when an attorney believes that a venireman is biased in some way, she issues this type of challenge

Question 45

implied bias

Answer 45

type of bias that occurs when a prospective juror has a connection to someone on either the defense or prosecution

Question 46

actual bias

Answer 46

type of bias that occurs when a venireman has preconceived opinions about the defendant's guilt or innocence

Question 47

peremptory challenge

Answer 47

when an attorney, according to her judgement, believes that a prospective juror will not be sympathetic to her case, she can issue a limited number of these challenges

Question 48

reversible error

Answer 48

an error by the judge, jury, or malfeasance (wrongdoing) by one of the trying attorneys, which results in an unfair trial