Studied by 6 people
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
incorporation
when two ideas are incorporated, they become one concept
hearsay
an out-of-court statement offered in evidence to prove the truth of the matter asserted
probable cause
exists when an officer has a reasonable basis for the belief that a person should be searched or arrested
warrant
a written order of a court allowing law enforcement officers to search a certain place, or search or arrest a certain person
felony
a serious crime; includes murder, robbery, burglary, and arson; punishable by death or imprisonment for more than one year
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
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.
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
exclusionary rule
a rule that excludes evidence acquired in violation of constitutional protections
arrest
the physical seizure of a person by the government
habeas corpus
a writ to bring a person before a court in order to test the legality of the person's imprisonment or detention
interrogation
the process used by law enforcement officers to elicit information from a criminal suspect
confession
a voluntary statement made by a person charged with a crime, acknowledging that he or she is guilty of the charge
self-incrimination
the Fifth Amendment to the Constitution prohibits the government from making a person become a witness against themselves
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
plea
the criminal defendant's response to the charge against them
investigation
the process of asking questions and locating evidence
booking
the process after arrest when the police enter formal charges against a defendant
bail
an amount of money set by the court, payment of which is a condition of pretrial release from police custody
affidavit
a non-oral statement of facts that is confirmed by affirmation or oath of the person making the statement
magistrate
a judicial officer; federal magistrates are appointed by judges of federal district courts; magistrates have some of the powers of a judge
initial appearance
the first court appearance of a criminal defendant after the arrest
preliminary hearing
a defendant's second appearance before the court; the purpose is to establish that probable cause exists
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
information
an accusation made by a prosecutor against a criminal defendant that does not involve a grand jury
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
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
bill of particulars
a device used to provide a defendant with a statement of the facts enumerating the specific acts charged
Note 
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