criminal justice midterm

i am in a constant living nightmare

Reasonable Suspicion (RS)

General and reasonable belief that any crime is in progress/has occurred based on specific and articulable fact; allows for temporary detention

Probable Cause (PC)

A reasonable belief that a particular person has committed, will commit, or is committing a specific crime; required for an arrest

Requirements for Warrants

Probable cause, specific and articulate language, and signed by a magistrate

Miranda Rights

The rights guaranteed to an individual during an interrogation; they must know they are in custody and being questioned

Conspiracy

Proved by the actions one takes towards committing a crime, even if the crime is not carried out; (ex. planning to kill someone and then buying a gun)

Attempt

Occurs when an offender is trying to commit the crime, but cannot complete it

Felony Murder

Murder that occurs during another crime (burglary, etc)

Reasonable Expectation of Privacy (REOP)

Based on the fourth amendment’s individual’s right to privacy; determines whether a warrant is needed for a search

Exceptions to a Warrant

Good-faith exception, plain-view doctrine, clerical errors exception, emergency searches

First Degree Murder

Unlawful killing of a human being intentionally with planning (“Malice aforethought”)

Second Degree Murder (Voluntary Manslaughter)

Intentional, unlawful killing of a human being without the same degree of malice as 1st (unplanned, usually in the “heat of the moment”)

Third Degree Murder

Unlawful killing of a human being (no intention or malice)

Capital Murder

Most severe type of murder; first-degree murder with aggravating circumstances (ex: multiple connected murders or murder of a first responder on duty)

Alibi

Defendant could not have committed the crime because they were somewhere else/with someone else at the time of the crime

Justifications

Claims the act was necessary to avoid some greater evil

Excuses

Claims that a personal condition/circumstance makes it so that the defendant cannot be held accountable under criminal law

Procedural Defenses

The defendant was discriminated against in the justice process/an aspect of official procedure was not properly followed in the investigation/prosecution

Good-Faith Exception

When officers conduct an “unlawful” search/seizure on the basis of good faith (genuine belief that they are being lawful) and later discover that a mistake was made, they can still provide the evidence in court

Plain-View Doctrine

Readily visible objects that an officer may seize in the absence of a warrant; officers must legally be in the viewing area and have cause to believe the evidence is connected to criminal activity

Clerical Errors Exception

Evidence obtained through an unlawful search is admissible if the officer relied on a mistake made by a court employee (“clerical error”)

Emergency Searches

Justification of a police officer’s decision to search/enter premises without a warrant; Must demonstrate that the situation was dire (clear dangers to life, of escape, and of the removal/destruction of evidence)

Due Process

Individual rights guaranteed by the 4th, 5th, 6th, and 14th Amendments; means that defendants are owed the due course of legal proceedings

4th Amendment

“The right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizure” (right to privacy)

5th Amendment

Guarantees the rights: against self-incrimination (Miranda Rights), against double jeopardy, to due process, a grand jury, and compensation for taking private property for public use

6th Amendment

Guarantees the rights to: counsel (a lawyer), a speedy/public trial, an impartial jury, being informed of charges, question witnesses against them, and call their own witnesses

Exclusionary Rule

Evidence illegally seized by the police cannot be used in trial; officers must have a warrant (with exceptions)

Involuntary Manslaughter

“Reckless;” causing death without the intent to kill, but through a dangerous/unlawful act that shows a disregard for human life (ex: drunk driver causes a fatal car crash)

Rape

Penetration of the body with any body part/object/sex organ without the consent of the victim

Robbery

Personal crime involving face to face confrontation between a victim and a perpetrator

Burglary

Property crime; Unlawful entry of an unlocked structure, breaking and entering of a secured structure, forced entry, or attempted burglary

Aggravated Assault

When a weapon is used or the victim requires medical assistance

Larceny-Theft

Describes theft offenses of all kinds

Motor Vehicle theft

Includes motorcycles, trucks, buses, etc. Excludes trains, airplanes, boats, etc.

Arson

Willful or malicious burning/attempt to burn with or without intent to defraud

Felony

Criminal offense punishable by death or prison (at least 1 year)

Infraction

Minor offense, like jaywalking or littering; ticketable

Treason

A citizen’s actions to help an enemy of the US overthrow/make war against/injure the US

Inchoate Offense

Not complete; an action/conduct that is a step towards another offense (conspiracies, attempts, etc.)

Misdemeanor

Punishable by incarceration for a year or less (simple assault, petty theft, etc.)

Espionage

Treason but for noncitizens

Essence of a crime

Concurrence of a criminal act with a culpable mental state

Actus Reus (Guilty Act)

Specific action in violation of the law

Mens Rea (Guilty Mind)

Specific mental state during the crime (intentional, knowing, reckless, negligent)

Concurrence

Coexistence of the act and the mental state

Strict liability (absolute liability)

Exception to actus reus and mens rea; makes it a crime to do something even if they have no intention of violating the law (speeding ticket; even if you’re unaware of speeding, it is still punishable)

Causation

The criminal action has to directly cause the harm (if I shoot someone but they die of like cancer, the crime did not cause the death so I should not get charged for murder)

Resulting Harm

Assumed when a crime has been committed

Legality

A behavior cannot be criminal if no law exists that defines it as such

Ex post facto laws

“After the fact;” A person cannot be charged for a crime committed before the law is created

Punishment

A law cannot be broken unless there is a specific punishment for breaking that law

Necessary Attendant Circumstances

“facts surrounding an event,” can increase the seriousness of an event (like time and place)

Corpus Delicti of a Crime

“the body of a crime;” A person cannot be tried for a crime unless it can be shown that the offense has actually occurred; requires an act and a person

Double Jeopardy

An individual cannot be tried for the same crime twice (in the same jurisdiction)

Fruit of the Poisonous Tree Doctrine

Evidence that is derived from an illegal search or seizure cannot be presented in court, even if the actual illegal evidence is not used in court

Protective Search

When making an arrest, officers can search the defendant and the immediate physical area within easy reach of the defendant (done for protection, to prevent destroyed evidence, and to prevent an escape)

No-Knock Search

Grants officers the authority to enter an area without knocking/announcing themselves; there must be reasonable belief that evidence is being destroyed or announcing their presence would be dangerous

Anticipatory Warrant

Search warrant issued on the basis of PC to believe that evidence of a crime (that is not already there) will be there when the warrant is executed

Trash Search

Once trash is outside for collection, there is no REOP; it is exposed to the public

Criminal Law

Body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature of for wrongs committed against the state or society

Substantive Criminal Law

Defines crimes and specifies punishments

Procedural Law

Specifies the methods to be used in enforcing substantive law

Civil Law

Governs relationships between parties (unlike criminal, which is party v state/society)

Tort

Wrongful act, damage, or injury not involving a breach of contract; private or civil wrong or injury

Administrative Law

Controls the activities of industries, businesses, and individuals (like tax laws, health codes, etc.)

Case Law

Law of precedent; represents the accumulated wisdom of trials over the years

Precedent

Legal principle that ensures previous judicial decisions are authoritatively considered and incorporated into future cases

Stare decisis

“Stand by previous decisions;” Requires that courts be bound by their own earlier decisions + higher courts decisions

Brady v. Maryland (1963)

Prosecutors must disclose evidence favorable to the defendant

Gideon v. Wainwright (1963)

States must provide attorneys to defendants who cannot afford one (right to counsel)

Miranda v. Arizona (1966)

Police must inform suspects of their rights to remain silent and to have an attorney before interrogation

Batson v. Kentucky (1966)

Prosecutors cannot exclude jurors based on race

Terry v. Ohio (1968)

Police may stop and frisk a person if they have RS that the individual is involved in criminal activity and may be armed

Estelle v. Gamble (1976)

Establishes inmates’ rights to adequate medical care (without being ignored by guards)

Brown v. Plata (2011)

Prisons cannot be overcrowded due to inadequate healthcare

Cardi B

Security guard claimed that Cardi B assaulted her during a 2018 confrontation; not guilty

Andrea Yates

Mother who drowned her children due to postpartum psychosis; found not guilty by plea of insanity

State Agencies

Law enforcement agencies tasked with state laws, like highway patrol and supporting local departments

Local Agencies

Law enforcement agencies tasked with maintaining public order, enforcing laws, and investigating local crimes

Sworn Officer

Officer that is trained and empowered to perform police duties (so police officers)

Municipal Police Departments

City/town-based law enforcement agency

Sheriff

Elected chief officer of a county law enforcement agency; patrol the areas that are unincorporated and lie between municipalities; operate the county jail

Investigative Detention

Temporary, only needs RS; Police may detain an individual for as long as it “reasonably takes police to conduct an investigation”

Emergency Searches of a Person

Police may search an individual based on a quick decision, like if they match the description of a robber, are unconscious, or have blood on them

Vehicle Searches

Lower expectation of privacy as they are mobile

Impounded Vehicles

Evidence found in an impounded vehicle can be used in court as long as it was found during an inventory search

Informants

Individuals (suspects, witnesses, etc.) who provide information to law enforcement; must be reliable and credible

Custodial Interrogations

When officers intentionally elicit information or statements from a person in custody (usually through questioning)

Physical Coercion

Beating the info out, deprivation of food/water, threats of harm, threats of harm to loved ones

Inherent Coercion

Subtle or psychological pressures; endless questioning, bright lights, not allowing the suspect to sleep, extreme temperatures, etc.

Psychological Manipulation

Manipulative actions by the police that pressures suspects to divulge information and are based on subtle forms of information and control

Promises or Inducement

Police cannot promise leniency or lighter sentences in exchange for a confession

Waiver of Miranda Rights

Means the suspect chooses to speak without an attorney present + they give up their right to remain silent; must be voluntary, knowing, and intelligent

Right to Counsel

Once charges are filed, and the suspect requests an attorney, all questioning must stop; it cannot be initiated without an attorney present (but if a defendant gives a spontaneous statement without questioning it can be used in court)

Investigation

After the discovery of a crime; evidence is gathered and follow-up investigations are used to reconstruct the sequence of activities leading up to the criminal event

Warrant

An arrest warrant issued by a judge provides the legal basis for an apprehension of suspects by police

Arrest

Person is taken into custody; the arrestee’s freedom is limited and they are advised of their Miranda rights

Booking

Administrative process where identifying information is obtained and a record of the events leading up to arrest is created.

First Appearance

Within hours of the arrest; suspects are made aware of the charges against them, their rights, and opportunity for bail

Preliminary Hearing

Establishes whether sufficient evidence exists against a person to continue the justice process

Information or Indictment

Grand jury hears evidence presented by the prosecutor and decides whether the case should go to trial