CJ 100 - Chapter 9: Concepts of Criminal Procedure

Substantive due process

Protects against governmental infringement of fundamental rights, such as freedom of speech, freedom of religion, and the right to privacy. The rights protected under substantive due process include those specified in the Constitution and Bill of Rights as well as those held through the Due Process Clause.

Procedural justice

Holds that justice is achieved when the proper procedures are followed and addresses the fairness of the procedures used when applying the law. Procedural justice is grounded in the idea that fair procedures are the best guarantees for fair outcomes.

Legitimacy

Exists when citizens accept that their government has the right to govern them. Governments without legitimacy may face protest, disobedience, or revolution.

In which case did the U.S. Supreme Court rule that the use of a drug sniffing dog on a suspect's front porch during warrantless surveillance violated the 4th Amendment?

Florida v. Jardines (2013)

________ occurs when an independent criterion for a fair outcome is present, but a procedure for guaranteeing the outcome is missing.

Imperfect Procedural Justice

Crime control model

Assembly-line justice with a focus on getting an offender through the criminal justice process as quickly and efficiently as possible. This is one of Herbert Packer’s two models of the criminal justice process.

Due process model

Focuses on the rights of the accused and advocates formal decision-making procedures, drawing upon the assumption that the accused is innocent until proven guilty. This is one of Herbert Packer’s two models of the criminal justice process.

_______ is credited with first describing two models of the criminal justice process in 1968.

Herbert Packer

Habeas corpus

In a legal context, a writ of habeas corpus is a court order directed at someone who has custody of a person ordering the release of that person because their incarceration was achieved through unlawful processes. This provides the mechanism by which unlawful incarcerations may be challenged.

Bill of attainder

A legislative act that declares someone guilty of a crime and imposes punishment for it in the absence of a trial. The U.S. Constitution prohibits bills of attainder.

Ex post facto law

A law punishing an act or behavior that was not criminal when it was committed. Ex post facto laws are prohibited under the U.S. Constitution because fairness requires that punishments can only be given when offenders have the opportunity to know that their behavior was criminalized.

Treason

The only crime defined in the U.S. Constitution, which defines treason as making war against the United States or providing aid and comfort to enemies.

The right to a jury trial comes from which Amendment of the U.S. Constitution?

Sixth

Bill of Rights

The first 10 amendments to the U.S. Constitution, which identify rights and liberties and restrain the powers of the government through both substantive and procedural due process.

Probable cause

A fair probability based on facts and known circumstances. Probable cause is required for an arrest, for the issuance of search and arrest warrants, and for a case to proceed beyond the grand jury and preliminary hearing stages, among other decisions.

Exigent circumstances

Emergency circumstances when a reasonable person would believe prompt action was necessary to prevent harm, the destruction of evidence, escape, or other such consequences. Exigent circumstances may permit exceptions to Fourth Amendment requirements.

Standing

A requirement in law that only persons whose direct interests have been involved, or whose rights have been violated, may bring a case or a challenge to evidence in a case. That is, individuals cannot bring a lawsuit or challenge evidence on behalf of someone else.

Grand jury

A group of citizens impaneled to hear evidence presented by a prosecuting attorney with the purpose of determining whether sufficient evidence (probable cause) exists to bring to trial a person accused of committing a crime. If such evidence is found, the grand jury issues an indictment. Failure to find such evidence results in dismissal of a case.

Indictment

A written statement issued by a grand jury to indicate that sufficient evidence (probable cause) exists to bring to trial a person accused of a crime. Also known as a true bill, the indictment indicates the specific offense with which the accused is charged, including a description of the facts and circumstances surrounding the crime that led the grand jury to find probable cause.

Preliminary hearing

A hearing held in front of a judge to determine whether or not there is probable cause to believe that a person committed the crime of which they stand accused. If probable cause is found, the judge binds over the defendant for trial. If probable cause is not found, the case may be dismissed.

Double jeopardy

Bars the same governmental entity from criminally prosecuting someone twice for the same offense or from giving multiple punishments for the same offense. However, there are some exceptions to the general principles of double jeopardy.

Privelege against self-incrimination

Specifies that a person may not be compelled to provide testimony against themselves. The Miranda warnings are given prior to custodial interrogation to ensure that suspects are aware of the privilege against self-incrimination.

Miranda rights

In 1966, the Supreme Court ruled in the case Miranda v. Arizona that suspects must be advised of the following rights prior to custodial interrogation: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you.

Interrogation

Questions, statements, or actions that are designed to elicit an incriminating response from a suspect. Miranda warnings must be given prior to custodial interrogation.

Trial by jury

A trial in which guilt or innocence is determined by a jury of one’s peers. The right to a trial by jury exists for felonies and some misdemeanors.

Bench trial

A trial in which the judge, rather than the jury, acts as finder of fact (e.g., determining guilt or innocence). Bench trials may occur for some misdemeanors for which trials by jury are not available or when a defendant waives their right to a trial by jury.

Subpoena

A court order commanding a witness to appear in court at a specific date to provide sworn testimony in a case.

Confrontation Clause

The portion of the Sixth Amendment to the U.S. Constitution which guarantees that, in a trial, witnesses must provide their testimony in open court and be subject to cross-examination.

Due Process Clause

The provision in the Fourteenth Amendment to the U.S. Constitution that makes nearly all of the criminal procedural rights contained in the Bill of Rights applicable to the states. Also serves as an independent source for other procedural justice rights or substantive due process rights not otherwise listed in the Constitution or Bill of Rights.

Equal Protection Clause

The provision in the Fourteenth Amendment to the U.S. Constitution that serves to guarantee equality, requiring that the law treat similarly situated people in a similar manner without discrimination.

Exclusionary rule

Stipulates that illegally seized evidence may not be admissible at trial. Established by Supreme Court interpretations of the Fourth Amendment. There are, however, many exceptions to the exclusionary rule.

Fruit of the poisonous tree

A doctrine stipulating that further evidence acquired as a result of previously illegally obtained evidence may not be admissible in court.

Which amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures?

The Fourth Amendment

True or false, police are permitted to "stop" suspects based on reasonable suspicion of criminal activity.

True

Which Amendment to the U.S. Constitution protects citizens from self-incrimination?

The Fifth Amendment

The right to counsel can be found in which Amendment to the U.S. Constitution?

The Sixth Amendment