CRJ Final

True or false: A defendant has the right to waive their jury trial.

True or false: A defendant has the right to waive their jury trial.

True

What must happen before a trial?

Judge must charge the jury

Which misdemeanor classification doesn't require a jury trial?

B or below

True or false: The majority of jurors can vote to convict a criminal.

False, must be unanimous

Juries in felony cases = ___ members

Juries in misdemeanor cases = ___ members

12, 6

________ ________ cases are decided by the jury.

Death Penalty

What are the purposes of prison?

deterrence, punishment, rehabilitation, retribution, restoration

What are the four classifications of mens rea?

Intentional, knowing, reckless, criminally negligent

The first ten amendments to the Constitution are known as the _______ ___ ________.

bill of rights

This case made abortion federally legal.

Roe v. Wade

This case turned abortion rights over to the states.

Jackson v. Mississippi

This case established the 5th amendment (right not to self-incriminate) in modern times.

Miranda v. Arizona

This case established the Exclusionary Rule (federally)

Weeks case

This case established the Exclusionary Rule on a state-by-state basis

Mapp v. Ohio

This law prohibits the use of illegally obtained evidence in a criminal trial.

Exclusionary Rule

This case established a precedent for investigatory stops (stop & frisk, etc)

Terry v. Ohio

This case established a fair playing field for defendants with a chance of vindication.

Brady v. Maryland

Evidence that goes towards negating the defendant's guilt (exculpatory material) is known as _______ ___________.

Brady Material

What are some exceptions to the 4th amendment?

roadblocks, plain view doctrine, exigent circumstances, arrest

When do Miranda Rights apply?

custodial interrogation

This term applies to the illegal search and seizure of non-tangible information.

eavesdropping

What is the "structure" of the federal court system?

District court, circuit court of appeals, supreme court

What is the "structure" of the New York court system?

supreme court, appellate division, court of appeals

All the evidence stemming from an illegal search is not admissible in court.

fruit of the poisonous tree doctrine

What are the two sources of law?

written law (statutes), judicial opinion (precedents)

What are the main components of the criminal justice system?

police, courts, prisons

Juries are _____________ when they are forced to stay at a hotel with no outside contact.

sequestered

True or false: you can be charged twice for the same crime.

False

What is double jeopardy?

Being tried twice for the same crime

True or false: double jeopardy applies to criminal AND civil cases alike.

false

Does the 4th amendment apply to private citizens?

No, police and informants only

This amendment protects the freedom of speech

1st

This amendment forms the basis of the "Exclusionary Rule".

4th

This amendment gives defendants the right against self-incrimination.

5th

This amendment includes the right to a jury trial, the right to know the charges against you, and the right to have the assistance of a lawyer.

6th

What is the broken windows theory?

impoverished areas attract crime

True or false: The FBI keeps data samples for unsolved crimes.

true

What is the sole exception to double jeopardy?

Hint: OJ Simpson had to pay civil damages

federal sovereignty

What is the primary difference between criminal and civil cases?

beyond a reasonable doubt vs. prepondarence

consecutive vs concurrent sentences

back-to-back vs. simultaneous

True or False: Federal plea bargains are common.

False, state plea bargains are common

True or False: If convicted, felony charges always result in jail time.

false

You need a ___________ _______________ or ____________ _______________ before prosecuting at trial.

sworn statement, witness testimony

What is due process of law?

fair and equitable treatment

True or false: case law (judicial opinion) impacts sentencing.

false

Difference between robbery and larceny

threat of violence

How are state and federal cases written out?

People of state of New York vs.

United States vs.