american law ch 15 vocab

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