TEST 1 Flashcards
(102 cards)
What is 42 USC section 1983 law?
What prosecutors will use to sue officers or those in the CJ system who do not maintain a person’s constitutional rights
Where are the 3 places that officers encounter bad guys?
- on the street
- in the police station
- in court
What are the two aspects of law enforcement?
- safety of society
2. protecting constitutional rights (liberties) of individuals
What are the 5 different ways to balance the aspects of law enforcement?
- government power v individual autonomy
- ends v means
- federalism
- separation of power
- rules v discretion
Explain government power v individual autonomy
Gov power is guided by the constitution and the bill of rights, giving power/protection/rights to individuals
Explain ends v means
This is the process and results of law enforcement. The means is HOW they catch the bad guy and the ends is WHAT the result of their process is (ex: arrest/conviction)
Explain federalism
The gov. is broken up into different levels- state and federal
Explain separation of power
The government is split up into different branches so that one section doesn’t gain to much power (Judicial legislative and executive)
Explain rules v discretion
Formal and informal law. Some matters depend on LE discretion to make wise choices, rather than having an exact set of rules for absolutely every possible situation
What level is most crime committed on?
State and local
What are the 4 things protected under the 4th amend. search and seizure?
Persons, papers, houses and effects
What is an investigatory stop?
LEO has RS that a crime has been committed
What is the adversary process?
state collects evid. to prove susp. committed the crime
what is exculpatory evid?
You must inform the def. in a timely manner of the evid. against the def. that might help the def.
What is the accusatory system?
Innocent until proven guilty BRD by state
What are the 3 things defense is looking for while they don’t have to prove their innocence?
- presumption of innocence
- right against self-incrimination (5th amend)
- right to assistance of counsel (6th amend)
What are the 4 main amendments that are part of the CJ system?
4,5,6,8
T/F: The 4th amend protects against all searches and seizures?
FALSE: only UNREASONABLE searches and seizures
What is the thing called that applies the bill of rights to the states?
Incorporation Doctrine of the 14th amend.
Where do rights to hearings and notice of charges come from?
5th and 14th amend DP clause
What is the difference in the parties between civil and criminal suits?
Civil- plaintiff and defendant looking for restitution and damages
Criminal- state and defendant
What is the difference between the appellant and the appellee?
Appellant: the loser at the previous trial who is appealing
Appellee: winner at the previous trial
What is a petitioner?
The one who petitions for cert. for S.C.
What is a respondent?
winner of the lower court level who meets the petitioner in court