Criminal Justice Exam 2 Study Guide

Factors that affect Police Discretion

Nature of Crime, Relationship between criminal and victim, race and ethnicity, age, gender, class, departmental policy

Use of Force

Used when police is arresting someone or suspect is resisting

Excessive Force

Not acceptable form of force, sometimes unclear when it goes to excessive

Grass Eaters

Accept payoffs that the routines of police bring their way. Ex: A gift basket, $20 bribe, not give traffic ticket

Meat Eaters

More corrupt and actively use their power for personal gain. Ex: robbing drug dealers of money and drugs

Reactive

Responding to situations after they happen

Proactive

Preventing crime and quick responding

Differential Response

police have to prioritize calls based off urgency and availability of officers.

Fusion Centers

Allows Agencies to share intelligence

Critical Infrastructures

Backbone of the nation. Ex: Power, water, phone systems are threats where people can hack

Fourth Amendment

Unreasonable search and seizure

Reasonable Suspicion

Facts provided to an officer of a person involved in criminal activity and requires further investigation

Probable Cause

Reliable information indicating that crime is more likely than not

Deadly Force

Can be used whenever it is necessary except for fleeing felons unless the officer has probable cause and the suspect poses a significant threat of death or harm to officer or others.

Tennessee v. Garner (1985)

Deadly force is acceptable, used in the justified way.

Objective Reasonableness

the officers use of deadly force in its terms of reasonableness for the specific situation of the officer (judge in pov of officer)

Special Needs Searches

Non invasive routine searches (metal detectors, sobriety test)

Stop and Frisk Searches

stopping someone using reasonable suspicion and then by patting someone down to check for weapons for the officers safety

Terry v. Ohio (1968)

Justifies using stop and frisk if you have reasonable suspicion

Search incident to a lawful arrest

once you are arrested and in custody, a search is justified

Chimel v. California (1969)

justifies search after arrest for weapons, evidence. etc

Exigent Circumstances

where there is immediate threat to public safety or fear of evidence being destroyed

Search by Consent

people consenting to be searched

United States v. Drayton (2002)

Police don’t have to tell you that you can say no to a search

Automobile Searches

if they have reasonable suspicion or probable cause, a search can be justified. Can issue commands to passengers as well

Miranda v. Arizona (1966)

Suspect must be informed of their rights to silence and attorney. required to be read prior to an interrogation.

Issues with Miranda

Does not apply unless in custody, videotaping only captures when rights are read and not before or after, a person must assert their rights verbally to apply,

Berghuns v. Thompkins

individual did not assert their rights and just remained silence and then tricked him into getting a confession

Exclusionary Rule

prohibits the use of illegally obtained evidence in trial

Weeks v. U.S. (1914)

applied exclusionary rule on the federal level

Mapp v. Ohio (1961)

applied exclusionary rule on the state level

Good Faith Rule

if officer obtains evidence illegally but if they were acting in good faith, that evidence may be submitted

Inevitable discovery rule

illegally obtained evidence can be used in trial if police were eventually going to find it anyways

U.S v. Leon (1984)

in favor of good faith rule

Nix v. Williams (1984)

in favor of inevitable discovery rule

Affidavit

written, sworn statement of facts, made under oath and witnessed by a notary or other authorized official, used to verify information for legal purposes

totality of circumstances

courts consider all available information and factors in a case, rather than relying on a single, bright-line rule, to reach a decision

Trials courts of limited jurisdiction

Mostly Misdemeanors and cannot oversee homicides since jurisdiction is limited

Trial courts of general jurisdiction

mostly serious offenses like felonies and no limit on what they can hear

Intermediate courts of appeals

review if there were issues in the trial

Apellete court (state supreme court)

last resort for review of trial

District Courts

Federal Trial Courts

Circuit Court of Appeals

Appealing your case

U.S. Supreme Court

Last Resort

Maryland Courts

District—Circuit—Apellete—Supreme Court of MD

Qualifications for Judges

Appointed by Governor and Retire by 70

Merit Election

Must run for reelection so they can still sit as a judge and can sit for 15 years

U.S. Supreme Court

Hear about 80 cases a year, 6 is required to decide a case, 4 is required to hear a case

Writ of Certiorari

A form submitted to supreme court so it can be reviewed if their case is going to be heard

Specialty Courts

Special Courts for specific issues where the judge has more interaction with person and involved with community. Focuses on treatment Ex: Drug Courts

Prosecutors Discretion

To decide whether you are going to be charged with a crime. Can decide how many counts you can be charged, if they charge or stop charging.

Nolle Prosequi

Stop Prosecuting

Defense Council

Represent the defendant and protect their constitutional rights.

Assigned Council

Private Attorneys who are assigned to represent indigent defendants

Contract Attorneys

Entering a contract for a fee by local government to get representation

Public Defenders

Solely represent indigent defendants by the state

PreTrial

Everything that occurs before a trial

Arraignment

First formal meeting between prosecutor and defense. Charges are read and defendant pleas guilty or not guilty

Bail

A sum of money that a defendant puts up to ensure they return to court. Decided within 24-48 hours

ROR (Release on Reconicense)

Offered to people with strong ties to the community

Percentage Bail

Individual pays 10% of the bail

Preventive Detention

Federal cases held in jail until the case is finished

U.S v. Salerno and Cafero

The use of preventive detention is constitutional

Pretrial Detention

Someone in jail until their trial. Half of people in jail are in pretrial detention

Issues with Pretrial Detention

Mental Health and substance abuse and corrections officers are not trained to address this

Plea Bargaining

A process between prosecutor, defense, and judge. most go to a negotiated guilty plea.

Santobello v. New York

Prosecutors must keep their promise to the plea bargain and not pullback

Boykin v. Alabama

Before a judge accepts a guilty plea, the person must state that they are doing it voluntary

North Caroline v. Alford

A plea of guilty who maintains their innocence for the purpose of a lesser sentence

Rickets v. Adamson

Defendants must uphold the plea agreement

Bordenkircher v. Hayes

defendents rights are not violated by prosecutor who warns the defedant by rejecting the plea, you may get a harsher sentence

Missouri v. Frye

Includes protection from ineffective council during plea bargaining along with 6th amendment

Steps of a criminal trial

1. Jury Selection

2. Opening Statements

3. Presentation of evidence by prosecutor

4. Presentation of evidence by defense

5. Presentation of rebuttal witnesses

6. closing arguments

7. judges instructions to the jury

8. Decision made by Jury

Williams v. Florida

A jury less than 12 is constitutional

Voir Dire

A line of questioning to potential jurors to eliminate bias and discrimination

Challenge for Cause

disqualify potential juror for a specific, valid reason like bias or inability to serve

Peremptory Challenge

The removal of jurors without a reason but is limited

Clearance Rate

Crimes that are solved through arrests according to arrests

Real Evidence

Real things like weapons or fingerprints

Demonstrated Evidence

To show it like pictures, x-rays, maps, models

Testimony

A person speaking what they witnessed and experienced

Direct Evidence

Eyewitness accounts and seeing what happened

Circumstantial Evidence

infer a fact based on logic

Habeas Corpus

it is a writ that the defense to ask a judge to release their client because of being improperly held

Retribution

Concept that punishment is deserved

General Deterrence

Punish someone so the rest of society can see it and deter others from doing that crime

Specific Deterrence

the punishment deters the person who committed the crime from doing it again

Incapacitation

removing someone from society like incarceration and death penalty

Rehabilitation

seeks to help individuals correct their behavior

restorative justice

repairing the damage that has been done. 3 way approach- offender, victim, and community

Intederimenent Sentencing

Minimum-Max of time for sentencing. 5-10 years prison

Deterrent Sentencing

Fixed set of time for sentencing. 10 years prison

Mandatory Sentencing

has a list of offenses that you are guaranteed incarceration with no alternative

Good/Earned Time

reduction in sentence based on good behavior. Participating in vocational school

Truth-in Sentencing

an approach that would make it truthful, a persons sentence had to be served at least 85% before being eligible for parole

Probabtion

most common sanction that is given. serving sentence within community

Intermediate Sanctions

least restrictive as prison but more than probation

Furman v. Georgia(1972)

Death Penalty as administered was unconstitutional through cruel and unusual punishment

Gregg v. Georgia (1976)

Death Penalty is Constitutional if the judge and jury consider aggravating and mitigating circumstances

Bifurcated Proceedings

splitting a trial or legal process into two separate stages or phases, typically to address different issues or questions