CJ 109 Justice in America Unit 2 Study Guide Terms

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55 Terms

1

Miranda Warnings

established in Miranda v. Arizona, these must be read to suspects after police have them in custody but before subjection them to interrogation Ex: "You have the right to remain silent. Anything you say can and will be used against you in court of law" etc.

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2

Believers

an inmate who believes in God and believes that He will save them

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3

Minimization

a legal interrogation tactic in which an interrogator attempts to decrease a suspect's resistance to confessing by, for example, downplaying the seriousness of the crime

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4

Compliant

a formal written statement of the charges against a defendant

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5

Contamination Error

police shape in the suspect's statements and provide details to the confession (including crime facts and plausible motives) to make the statements as persuasive as possible

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6

Drylabbing

fabrication results for laboratory tests that are not conducted

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7

NAS report

outlines key contributing factors to faulty forensic science

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8

Forensics

-The science that is applied to the law and criminal proceedings -Forensic meaning "having to do with the law or "argumentation and debating" -often referred to criminalistics

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9

Crime Labs

-oldest forensic lab in the US is that of the LAPD, created in 1923 by August Vollmer -in 1932, the FBI organized a national laboratory that offered forensic services to all law enforcement agencies in the country -there is no nationwide system

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10

Frey v. U.S.

rejects the scientific validity of the lie detector (polygraph) because the technology did not have significant general acceptance at the time

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11

Serology

the identification and characterization of biological stains for forensic purposes; includes ABO blood typing

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12

Jailhouse snitches

incarcerated individuals who provide information about cases of other inmates

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13

Snitching

when police or prosecutors offer a deal to criminal suspects in exchange for information or cooperation

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14

Perjury

the giving of false testimony under oath on an issue of inquiry regarded as material

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15

Wink and a Nod

if an incentivized informant is not explicitly sought after by government agents

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16

Jury Instructions

a judge's charge to jurors about the law governing their deliberations as they attempt to reach a verdict; sometimes involving cautionary warnings regarding attorneys' questions or statements or a witness's testimony during a trial

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17

Alford Pleas

from North Carolina v. Alford, a guilty plea that allows the defendant to nevertheless maintain innocence

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18

Deceivers

the act of misleading another through intentionally false statements or fraudulent actions

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19

Altruists

promote someone else's welfare, even at a risk or cost to ourselves

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20

Coerced

when officers of the law exert undue pressure to get an individual suspect to admit their involvement in a crime

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21

Federal Rules of Evidence

a set of rules that governs the introduction of evidence at civil and criminal trials in US federal trial courts

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22

Forensic Science Errors

three categories -systematic errors -random errors -gross errors

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23

Criminalistics

-the comparative forensic sciences such as fingerprints, questioned documents, firearms, and tool marks -refers to types of physical evidence at the scene

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24

Safe Streets Act (1968)

Designed to assist State and local governments in reducing the incidence of crime and to increase the effectiveness, fairness, and coordination of law enforcement and criminal justice systems at all levels of government

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25

Frey Test

from Frey v. U.S., one standard used to determine the admissibility of expert testimony; requires the scientific community

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26

Cognitive Bias

unconscious beliefs suspects hold, and inadvertent mental tendencies suspects have

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27

Incentivized Informants

a person who agrees to provide information in a criminal case in exchange for some type of anticipated or promised benefit or another incentive

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28

Types of Incentives

-monetary -leniency in their own case -freedom from prosecution -special privileges

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29

Massiah v. U.S.

The Supreme Court held that incriminating statements deliberately elicited by federal agents in the absence of counsel after the proceeding has begun violating the 6th Amendment

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30

Discovery

in a criminal case, the process involving the prosecutor's sharing or revealing evidence to the defense prior to trial; the defense sometimes has a reciprocal obligation to reveal evidence within its possession to the prosecutor

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31

Miranda v. Arizona

established the "Miranda Warnings" the must be read to suspects after police have them in custody but before subjecting them to interrogation

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32

Fame Seekers

those making direct statements about becoming famous, seeking media notoriety via submitted legacy tokens, posting on media platforms right before/during the incident to capitalize on the interest they plan to receive after the attack

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33

Pragmatists

primarily interested in making decisions on the basis of empirical evidence

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34

Misclassification Error

police mistakenly believe an innocent person is guitly

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35

Pathology

-determine the cause and manner of death in cases where someone dies under suspicious circumstances

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36

Daubert v. Merrel Dow Pharmeceutical

federal rules of evidence in this alternative to Frey a witness "qualified as an expert by knowledge, skill, experience, training, or education" may offer expert testimony if:

  1. technique or theory can be tested

  2. technique or theory has been subject to peer review and publication

  3. potential rate of error

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37

Pro-Prosecution Bias

favors against one party, in this case the prosecutor party

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38

Pre-trial Screening

determines a defendant's risk of failure to appear, new criminal arrests, etc.

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39

Napue v. Illinois

prosecutor cannot knowingly allow a witness to falsely say that no promises were made in exchange for information

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40

Prisoner's Dilemma

a decision-making scenario in which suspects are separated, questioned independently, and each told that the other is implicating them in the crime

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41

Reliability Hearing

a pre-trial hearing in which a judge determines whether an informant appears to be sufficiently trustworthy or credible to be allowed to testify at trial

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42

Brown v. Mississippi

the Due Process Clause prevents the prosecution from using information in a confession that resulted from the use of force by police

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43

Maximization

a technique in which the interrogator exaggerates the strength of the evidence and the magnitude of the charges

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44

voluntary

an act performed consciously as a result of effort or determination

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45

Coercion error

during the interrogation, police use techniques that break down a suspect's resistance to admitting guilt

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46

Forensic Labs

scientists analyze evidence collected from crime scenes, suspects, and victims

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47

Forensic Science Errors

caused in the rendering of forensic testimony; error rate is 63%

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48

Daubert Test

from Daubert v. Merrell Dow Pharmaceuticals, Inc., one set of considerations used to determine the admissibility of expert testimony; charges judge to serve as gatekeepers and evaluate several factors before admitting expert testimony

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49

Criminal Informants

someone who supplies information related to criminal activity

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50

Disclosure

the process and rules governing the exchange of information between the parties to prepare for legal proceedings

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51

Giglio v. U.S.

prosecution must disclose terms and conditions of informant deals

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52

Corroboration

evidence that tends to support or confirm information, such as that provided by an informant

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53

Plea Bargaining

negotiations between the prosecution and defense to reach an agreement about the terms of a defendant's eviction and recommended sentence

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54

Situational Risk Factors

characteristics of the interrogation or situation induces someone to confess

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55

Dispositional Risk Factors

characteristics of the suspect that make them more susceptible to interrogation tactics

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