CJ 202 Midterm Study Guide: Constitutional Amendments, Criminal Procedure, and the Justice System

Comprehensive vocabulary flashcards covering constitutional amendments, legal definitions, policing doctrines, court structures, crime data systems, and justice models from CJ 202.

First Amendment

Protects freedom of religion, speech, press, peaceful assembly, and petition; requires police to respect protected expressions while enforcing neutral, lawful rules.

Second Amendment

Protects the right to keep and bear arms, subject to lawful regulation.

Third Amendment

Prohibits quartering soldiers in private homes without consent in peacetime.

Fourth Amendment

Protects against unreasonable searches and seizures, requiring warrants to generally be supported by probable cause and particularity; serves as the core rule for stops, arrests, and frisks.

Fifth Amendment

Protects against compelled self-incrimination and double jeopardy, guarantees due process, requires grand jury indictments for serious federal crimes, and mandates just compensation for public takings.

Sixth Amendment

Guarantees rights in criminal prosecutions, including the right to counsel, a speedy and public trial, an impartial jury, notice of charges, confrontation of witnesses, and compulsory process.

Seventh Amendment

Preserves the right to a jury trial in certain federal civil cases.

Eighth Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Tenth Amendment

Establishes that powers not delegated to the federal government nor prohibited to the states are reserved to the states or the people, defining federalism and state police powers.

Twelfth Amendment

Establishes separate Electoral College ballots for the president and the vice president.

Thirteenth Amendment

Abolishes and prohibits slavery and involuntary servitude, except as a punishment for a crime following conviction.

Fourteenth Amendment

Guarantees citizenship, due process, and equal protection against state violations, constraining state and local law enforcement.

Due Process

The constitutional requirement that the government must follow fair legal procedures before depriving an individual of life, liberty, or property.

Rule of Law

The principle that all individuals and entities, including government officials, must obey the law.

Liberty

Freedom protected against unjustified government interference.

Burden of Proof

The legal responsibility placed on a party to establish a claim under the applicable legal standard.

Beyond a Reasonable Doubt

The standard of proof required in criminal cases, designed to reduce wrongful convictions when an individual's liberty is at stake.

Preponderance of the Evidence

The usual civil burden of proof requiring evidence showing a claim is more likely than not true.

Criminal Law

The branch of law in which the government prosecutes conduct defined by statute as crimes.

Civil Law

The body of law governing disputes seeking legal or equitable remedies, typically between private parties.

Felony

A serious criminal offense generally punishable by more than one year in prison.

Misdemeanor

A less serious offense, often punishable by up to one year in jail.

Wrongful Conviction

The conviction of a person who did not commit the charged offense.

Probable Cause (PC)

Facts supporting a reasonable belief that a crime occurred or that evidence will be found in a particular location.

Reasonable Articulable Suspicion (RAS)

Specific, objective facts supporting reasonable suspicion of criminal activity; represents more than a hunch but a lower standard than probable cause.

Terry v. Ohio (1968)

U.S. Supreme Court case that permits brief investigative police stops based on reasonable suspicion, as well as limited weapon frisks if an officer reasonably suspects the person is armed and dangerous.

Terry Frisk

A limited pat-down of outer clothing intended specifically to detect weapons, rather than a full search for evidence.

Police Discretion

An officer's exercise of individual judgment in choosing among lawful enforcement options, such as issuing a warning, citation, or making an arrest.

Racial Profiling

The improper practice of using an individual's race or ethnicity as a basis for suspicion or law enforcement action.

Stand Your Ground

A statutory provision in certain jurisdictions eliminating the duty to retreat before using otherwise justified defensive force.

Plea Bargain

An agreement between the prosecution and the defendant to resolve criminal charges, frequently involving a guilty plea without going to trial.

Prosecutor

A government attorney who officially brings and pursues criminal charges against a defendant.

Assistant State's Attorney

A lawyer who prosecutes Illinois state crimes on behalf of the county State's Attorney.

Public Defender

A government-funded defense attorney appointed to represent eligible defendants who cannot afford private legal counsel.

Illinois Supreme Court

The highest appellate court in the state of Illinois, composed of seven justices.

Illinois Appellate Court

The intermediate appellate court in Illinois tasked with reviewing decisions made by trial courts.

Illinois Circuit Courts

State-level trial courts of general jurisdiction in Illinois where cases are heard and evidence is presented.

United States Supreme Court

The highest court in the federal judiciary of the United States.

U.S. District Courts

The trial courts of general federal jurisdiction where federal cases and evidence are heard.

Seventh Circuit Court of Appeals

The federal intermediate appellate court with jurisdiction over federal appeals arising from Illinois, Indiana, and Wisconsin.

Legislative Branch (Article I)

The branch of government created by Article I of the Constitution responsible for making laws.

Executive Branch (Article II)

The branch of government established by Article II of the Constitution responsible for enforcing and administering laws.

Judicial Branch

The branch of government established by Article III of the Constitution responsible for interpreting laws and adjudicating legal cases.

Commerce Clause

Article I, Section 8, Clause 3 of the U.S. Constitution, which grants Congress the authority to regulate commerce with foreign nations, among the several states, and with Indian tribes.

Illinois General Assembly

The state legislative body of Illinois, composed of the Senate and the House of Representatives.

Chicago City Council

The municipal legislative body responsible for passing local ordinances in the city of Chicago.

Cook County Board of Commissioners

The governing body responsible for passing ordinances at the county level in Cook County.

Great American Crime Drop

A substantial and nationwide decline in violent and property crime rates across the United States that began in the early 1990s.

Uniform Crime Reports (UCR)

A nationwide crime data collection program administered by the FBI, historically based on crime reports submitted by law enforcement agencies.

National Crime Victimization Survey (NCVS)

A national survey conducted by the Bureau of Justice Statistics measuring self-reported crime victimizations, capturing crimes not reported to police, but excluding homicide.

Bureau of Justice Statistics (BJS)

A federal agency that collects, analyzes, and publishes statistical information regarding crime, criminal offenders, and the justice system.

Franklin Zimring

A criminologist who conducted influential studies on crime trends, crime policy, and the Great American Crime Drop.

Problem-Oriented Policing (POP)

A policing strategy developed by Herman Goldstein that targets underlying conditions generating recurring crime and disorder problems through tailored interventions.

SARA Model

A four-step problem-solving process used in Problem-Oriented Policing consisting of Scanning, Analysis, Response, and Assessment.

D.A.R.E.

Drug Abuse Resistance Education; a school-based drug prevention program whose original curriculum was found by research evaluations to have little lasting impact on drug use.

Crime Commission Model

A framework popularized by the 1967 President's Commission on Law Enforcement and Administration of Justice that analyzes criminal justice as an interconnected system of sequential stages.

Criminal Justice Funnel

A model illustrating case attrition, showing that out of many committed crimes, sequentially fewer are reported, result in arrests, proceed to prosecution, and yield convictions.

Wedding Cake Model

A framework categorizing criminal cases into four tiers based on seriousness and notoriety: celebrated cases, serious felonies, lesser felonies, and misdemeanors.

Three Strikes Law

A sentencing statute that imposes mandatory or severe sentencing enhancements on repeat offenders who commit a third qualifying felony conviction.

Furman v. Georgia (1972)

U.S. Supreme Court ruling that struck down existing death penalty schemes as unconstitutional due to their arbitrary and discriminatory application.

Old Idealism

The philosophical belief and trust that legal reforms, criminal justice institutions, and public policies can successfully solve crime problems.

New Cynicism

The perspective reflecting skepticism regarding the fairness and effectiveness of justice institutions, focusing on systemic inequality and procedural failures.

California Parole 'Back-End Sentencing'

The historical practice wherein parole boards and correctional administrators returned individuals to prison via administrative parole revocations rather than new trial convictions.

Article I, Section 8

The constitutional section enumerating congressional powers, including taxing, spending, borrowing, regulating commerce, coining money, and establishing post offices.

NCVS

national crime vicitmization survey

Franklin Zimring

A criminologist known for his research on criminal justice policy and gun control.

What 3 amendments benefit law enforcement?

The Third, Fourth, and Fifth Amendments.

What constitution involves traffic stops?

fourth amendment

Probable Cause

reasonable belief under the circumstances has been, is being, or will be committed

You don’t need PC (probable cause) to stop you need R.A.S (Reasonable Articulable Suspicion)

T

The rights not given to federal goes to state

Policy

is the plan for putting the law into action

Policy

A rule or plan the government uses to deal with a problem

L.E.J

corresponds to the first three articles in the constitution

P.O.P

Problem-Oriented Policing

P.O.P (problem-oriented policing)

a strategy where police stop just responding to calls and instead figure out whats causing a repeated problem

SARA

Scanning, Analysis, Response, Assessment

Second Amendment (1791)

right to bear arms

Fourth Amendment

no reasonable searches

Ninth Amendment

rights not listed still belong to the people

tenth amendment

Powers not given to the federal government go to the states

Crime Commissions Model

Sentencing guidelines (1984) tell federal judges roughly what sentence a crime can get (first of its kind)

L.EJ

Legislative, Executive, Judicial

14th amendment

requires states to provide due process

How do you get to the federal court?

Why can a burden be so high?

Freedom of rights can be taken & Criminal cases can be serious

Burden of Proof

legal obligation of a party in a trial to present sufficient evidence to prove their claims to the required standard of proof.

Beyond a reasonable doubt

is the highest standard of proof in criminal law, requiring the prosecution to convince the jury or judge that the defendant is guilty to such an extent that no reasonable doubt remains

3 State Courts

Trial Court, Intermediate Appellate Courts, State Supreme Court

5 Trial Courts

Circuit, District, Superior, Municipal, Peace Court

District Courts involve what kind of crimes?

Tax Fraud, Bankruptcy

Cake Levels in Order

Celebrated Cases, Serious Cases, Lesser Cases, Misdemeanor

Data

used to inform the UCR

Terry v Ohio

Terry stop stop & frisk

P.D (defense)

public defender

A.P.D (defense)

Assistant Public Defender

D.A (prosecution)

District Attorney

S.A (prosecution)

States Attorney

A.S.A (prosecution)

Assistant States Attorney

Special Prosecutor

brought in a special case, often when there’s a conflict of interest