american law ch 15 vocab

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due process clause

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29 Terms

1

due process clause

Clause in the Fifth and the Fourteenth Amendments to the U.S. Constitution that protects people from state actions that would deprive them of basic rights

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2

incorporation

when two ideas are incorporated, they become one concept

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3

hearsay

an out-of-court statement offered in evidence to prove the truth of the matter asserted

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4

probable cause

exists when an officer has a reasonable basis for the belief that a person should be searched or arrested

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5

warrant

a written order of a court allowing law enforcement officers to search a certain place, or search or arrest a certain person

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6

felony

a serious crime; includes murder, robbery, burglary, and arson; punishable by death or imprisonment for more than one year

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7

exigent circumstances

an emergency that requires immediate action; such situations do not allow time for law enforcement officers to obtain a search or arrest warrant

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8

hot pursuit

in some instances, law enforcement officers may follow a suspect into an otherwise protected area, such as a residence; when officers are in hot pursuit, they may make warrantless arrests and searches.

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9

plain-view doctrine

items are said to be in plain view if an officer has the legal right to be in sight of the evidence; such items are subject to warrantless seizure

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10

exclusionary rule

a rule that excludes evidence acquired in violation of constitutional protections

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11

arrest

the physical seizure of a person by the government

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12

habeas corpus

a writ to bring a person before a court in order to test the legality of the person's imprisonment or detention

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13

interrogation

the process used by law enforcement officers to elicit information from a criminal suspect

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14

confession

a voluntary statement made by a person charged with a crime, acknowledging that he or she is guilty of the charge

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15

self-incrimination

the Fifth Amendment to the Constitution prohibits the government from making a person become a witness against themselves

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16

arraignment

a hearing where the criminal defendant comes before the court to enter a plea; it is a hearing in open court where the information and/or indictment are read and the defendant is asked to plead

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17

plea

the criminal defendant's response to the charge against them

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18

investigation

the process of asking questions and locating evidence

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19

booking

the process after arrest when the police enter formal charges against a defendant

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20

bail

an amount of money set by the court, payment of which is a condition of pretrial release from police custody

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21

affidavit

a non-oral statement of facts that is confirmed by affirmation or oath of the person making the statement

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22

magistrate

a judicial officer; federal magistrates are appointed by judges of federal district courts; magistrates have some of the powers of a judge

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23

initial appearance

the first court appearance of a criminal defendant after the arrest

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24

preliminary hearing

a defendant's second appearance before the court; the purpose is to establish that probable cause exists

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25

grand jury

a jury that is called upon to receive and review accusations and complaints in criminal matters; this jury will hear evidence and issue indictments

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26

information

an accusation made by a prosecutor against a criminal defendant that does not involve a grand jury

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27

indictment

a written accusation given by a grand jury to the court in which it is impaneled; a criminal charge against a defendant that must be proved at trial

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28

nolo contendere

a criminal plea that means "I will not contest it." This plea means that the defendant does not deny or admit the charge

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29

bill of particulars

a device used to provide a defendant with a statement of the facts enumerating the specific acts charged

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