Criminal Justice exam 2

rule of law

No one is above the law, no matter their status

restorative justice

reparing the harm caused by crime

procedural justice

-fairness in the preocess that resolves arguments and use reseoruces

community policing

Local police engaging with the community and creating a relationship

What three main Amendments must police adhere to

4th,5th,6th

General structure of federal court

1) District Court

2) court of appeals

3) Supreme Court

General structure of state courts

1) lower trial court; magistrate court; municipal court

2) superior court

3) Appellate court

4) state supreme court

Who are the main court “actors” and what they do

1)judge

2) prosecutor

3)defense attorney

List the steps of the pre-trial process

feloney cases;

1)booking (police function)

2)complaint

3)intial hearing (bail hearing)

4) preliminary hearing (probable cause hearing)

OR

Grand jury

5) arraignment

what is plea-bargaining

Exchange of prosecutorial and judicial concessions for a guilty plea (reduced charges; less severe sentences)

90% of cases are bargained

disadvatnages of plea-bargaining

coercive pressure on defendants, the risk of innocent people pleading guilty, unequal bargaining power favoring prosecutors, and the waiver of fundamental trial rights such as the right to a jury trial.

advanatges of plea-bargaining

what are the steps in the criminal trial process

Presentation of Opening arguments→presenation of evidence→presentation of closing arguments→judges charge to the jury→discussuib of the jury → reading the verdict→ sentencing or acquittal

interterminant sentencing- what are the problems

-judges sets minimum/ maximum; parole board determines when someone is released

problem: inequity

structured sentencing- what are the problems

-guidelines, often a grid to determine sentences based o offense/ prior convictions

Problem: complex; judges can and di deviate; prison overflow

Due Process

Protects against unreaSOBALE givernment intrusion into indv life,libertym and property/government abuse

4th Amendment

any search and seizure of property is illegal without a valid search warrant (Mapp v Ohio)

Probable cause

the reasonableness someone has that warrants suspicion of criminal activity

Exclusionary rule:

can’t use evidence if the search warrant is invalid unless-

plain view

good faith

inventible discovery

Mirganda rights- suspect must be read their miranda rights by police officer prior to arrest/interrogation

5th- Right against self-incrimination; you can remain silent

6th- Right to a counsel/ attorney

Judical Review-

Higher courts can review rulings of lower courts

Strict Interpreatation-

Interpret US consitition based on what the fathers meant

Judicial activism-

Interpret US Constitution based on context and evolving society

Speacility courts

Judge acts as supervisor/ works with experts

ex: recovery court, DV court, Family court, Veterans court

Prosecutor:

AKA: US attorney, District attorney, county attorney

Purpose: present gov’t case against defendant

Defense attorney

Purpose: ensure consitutional rights are protected

Pro Bono

legal representation given for free/reduced cost

Voir Dire-

Prosecutor/ Defense attorney select jury

Determinate Sentencing

-legislature sets specific sentences (3- strikes/habitual offender laws)