study guide CH 6-10

the three levels of state courts

trial, appellate, supreme

Public opinion and prosecutor’s decision to try a case

Often used politically to get to higher office

how state correctional facilities are classified

.

seizure

Situations in which police officers use their authority to deprive people of their liberty or property and that must not be “unreasonable” according to the Fourth Amendment.

stop

Government officials’ interference with an individual’s freedom of movement for a duration that typically lasts less than one hour and only rarely extends for as long as several hours.

reasonable suspicion

A police officer’s belief, based on articulable facts that would be recognized by others in a similar situation, that criminal activity is afoot and necessitates further investigation that will intrude on an individual’s reasonable expectation of privacy.

Tennessee v. Garner (1985)

Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.

probable cause

Reliable information indicating that it is more likely than not that evidence will be found in a specific location or that a specific person is guilty of a crime.

reasonable expectation of privacy

The objective standard developed by courts for determining whether a government intrusion into an individual’s person or property constitutes a search because it interferes with the individual’s interests that are normally protected from government examination.

totality of circumstances

Flexible test established by the Supreme Court for identifying whether probable cause exists that permits the judge to determine if the available evidence is both sufficient and reliable enough to issue a warrant.

Illinois v. Gates

U.S. Supreme Court decision that established the flexible “totality of circumstances” test for determining the existence of the probable cause needed for obtaining a search warrant.

Terry v. Ohio

Supreme Court decision endorsing police officers’ authority to stop and frisk suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity.

exclusionary rule

The principle that illegally obtained evidence must be excluded from trial.

Miranda Warnings

Suspects must be told that (1) they have the right to remain silent; (2) if they decide to make a statement, it can and will be used against them in court; (3) they have the right to consult with an attorney and have the attorney present during interrogation; and (4) if they cannot afford an attorney, the state will provide one.

good faith exception to the exclusionary rule

Exception to the exclusionary rule that permits the use of improperly obtained evidence when police officers acted in honest reliance on a defective statute, a warrant improperly issued by a magistrate, or a consent to search by someone who lacked authority to give such permission.

consent search

A permissible warrantless search of a person, vehicle, home, or other location based on a person with proper authority or the reasonable appearance of proper authority voluntarily granting permission for the search to take place.

affidavit

Written statement
of fact, supported by oath or affirmation, submitted to judicial officers to fulfill the requirements of probable cause for obtaining a warrant

discovery

A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial.

nolle prosequi

An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted. In effect, the charges are thereby dismissed.

adjudicator

Judges must assume a neutral stance in overseeing the contest between the prosecution and the defense.

Boykin v. Alabama

Before a judge may accept a plea of guilty, defendants must state that they are making the plea voluntarily.

voir dire

A questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict.

real evidence

Physical evidence—such as a weapon, records, fingerprints, and stolen property—involved in the crime.

testimony

Oral evidence provided by a legally competent witness.

circumstantial evidence

Evidence provided by a witness from which a jury must infer a fact.

demonstrative evidence

Evidence that is not based on witness testimony but that demonstrates information relevant to the crime, such as maps, X-rays, and photographs.

arraignment

The court appearance of an accused person in which the charges are read and the accused, advised by a lawyer, pleads guilty or not guilty.

motion

An application to a court requesting that an order be issued to bring about a specific action

bench

bench trials Trials conducted by a judge who acts as fact finder, determines issues of law, and renders a verdict. No jury participates.

challenge for cause

Removal of a prospective juror by showing that they have some bias or some other legal disability. The number of such challenges available to attorneys is unlimited.

appeal

A request to a higher court that it review actions taken in a trial court.

reasonable doubt

The standard used by a jury to decide if the prosecution has provided enough evidence for a conviction.

indeterminate sentencing

A period set by a judge that specifies a minimum and a maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole.

determinate sentencing

A sentence that fixes the term of imprisonment at a specific period.

presentence report

A report, prepared by a probation officer, that presents a convicted offender’s background and is used by the judge in selecting an appropriate sentence.

enlightenment

A movement during the eighteenth century in England and France in which concepts of liberalism, rationalism, equality, and individualism dominated social and political thinking.

corrections

The variety of programs, services, facilities, and organizations responsible for the management of people who have been accused or convicted of criminal offenses.

community corrections model

A model of corrections based on the goal of reintegrating the convicted person into the community.

supermax

The most secure level of penitentiary

penitentiary

An institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent, and reform.

pennsylvania system

System of separate confinement

1. Imprisoned people would not be treated vengefully but should be convinced, through hard and selective forms of suffering, that they could change their lives. 2. Solitary confinement would prevent further corruption inside prison.3. In isolation, people would reflect on their transgressions and repent. 4. Solitary confinement would be punishment, because humans are by nature social animals.

2. Solitary confinement would be economical, because imprisoned people would not need a long time to repent, and so fewer keepers would be needed and the cost of clothing would be lower

jails

An institution authorized to hold pretrial detainees and sentenced misdemeanants.

probation

A sentence that the offender is allowed to serve under supervision in the community.

new york system

Under New York’s congregate system, imprisoned people were held in isolation at night but worked with oth-ers in shops during the day.

first amendment

guarantees freedom of speech, press, assembly, petition, and religion.

second amendment

right to bear arms

third amendment

fourth amendment

protects against unreasonable search and seizures. Limits ability to search in order to obtain evidence and ability to detain a person without proper justification

fifth amendment

protects against self incrimination and double jeopardy. Entitlement to indictment by grand jury before being prosecuted.

sixth amendment

right to counsel, speedy and public trial, impartial jury

fourteenth amendment

protects from abusive action by local government officials