Criminal Justice - Police, Courts, and Punishment

These flashcards cover key concepts from the lecture on police practices, court systems, and punishment in criminal justice.

What amendment protects against unreasonable searches and seizures?

The 4th Amendment.

What is considered a 'search'?

A government intrusion where there’s a reasonable expectation of privacy.

What is the plain-view exception?

Evidence can be seized if it’s in plain view where the public is legally allowed to be.

What is a 'seizure'?

When law enforcement reasonably deprives a person of liberty or property.

What is a 'stop'?

A brief interference with an individual’s freedom of movement based on reasonable suspicion.

What is the difference between reasonable suspicion and probable cause?

Reasonable suspicion suggests criminal activity; probable cause indicates a crime likely occurred.

What are the steps of a 'Stop and Frisk' search (Terry v. Ohio)?

1. Observe unusual conduct 2. Conclude criminal activity may be afoot 3. Believe the person may be armed/dangerous 4. Identify as an officer and make inquiries 5. Conduct a limited outer clothing search if fear remains.

List some exceptions to the warrant requirement.

Search incident to a lawful arrest, exigent circumstances, consent, vehicle searches, inventory searches, plain view.

What case established the Miranda rule?

Miranda v. Arizona (1966).

What are the Miranda rights?

Right to remain silent, anything said can be used in court, right to an attorney.

What is the 'public safety' exception to Miranda?

Police can ask questions without Miranda warnings if public safety is in immediate danger.

What is the Exclusionary Rule?

Illegally obtained evidence cannot be used in court.

What is the 'fruit of the poisonous tree' doctrine?

Evidence derived from illegally obtained evidence is also inadmissible.

What is the 'good faith' exception?

Evidence is allowed if officers believed they were following proper rules (U.S. v. Leon, 1984).

What is the 'inevitable discovery' exception?

Evidence can be used if it would have been found lawfully anyway (Nix v. Williams, 1984).

What are the types of courts?

Federal courts, state courts, state supreme courts, U.S. Supreme Court, tribal courts.

What are the main functions of courts?

Enforcing social norms, adjudicating criminal matters, handling disputes, interpreting the Constitution and laws.

What are problem-solving courts?

Courts that address social problems such as drugs, domestic violence, and mental health.

What qualities should a judge have?

Impartiality, consistency, fairness, professionalism, commitment to equal justice.

What are the four main roles of a judge?

Adjudicator, negotiator, administrator, problem-solver.

What is the main function of a prosecuting attorney?

To decide whether to pursue charges and represent the government.

What does a U.S. attorney do?

Prosecutes federal criminal cases.

What does a state attorney general do?

Serves as the chief legal officer of the state.

What is the role of a defense attorney?

Represents people accused of crimes and ensures their rights are protected.

What are the main types of defense counsel systems?

Assigned counsel, contract system, public defender system.

What is 'effective counsel'?

Representation that meets minimum standards; errors must affect the trial outcome.

What are the main steps from arrest to trial or plea?

Arrest → Booking → Arraignment → Motions → Trial or Plea.

What happens at an arraignment?

Charges read, rights advised, plea entered, and bail opportunity given.

What are motions in pretrial?

Requests for court orders, such as to obtain or exclude evidence.

What is bail?

Money paid to ensure court appearance; excessive bail is forbidden by the 8th Amendment.

Why is bail criticized as discriminatory?

Wealthy can easily pay bail, while poor defendants often remain jailed.

What is pretrial detention?

When individuals cannot post bail and must stay in jail until trial.

What was the ruling in United States v. Salerno (1987)?

Preventive detention is constitutional and not punishment.

What is plea bargaining?

Negotiated guilty pleas for reduced charges or sentences.

What are the advantages of plea bargaining?

Saves time, ensures predictable outcomes, and benefits all actors.

What is Boykin v. Alabama (1969) significance?

Defendants must state pleas are made voluntarily.

What is Missouri v. Frye (2012) significance?

The right to effective counsel applies during plea bargaining.

What is North Carolina v. Alford (1970) significance?

Courts can accept guilty pleas even if defendants maintain innocence.

What is Ricketts v. Adamson (1987) significance?

Defendants must uphold plea agreements or face consequences.

What is Bordenkircher v. Hayes (1978) significance?

Prosecutors may threaten harsher charges if a plea is refused.

What are the main criticisms of plea bargaining?

Gives up jury trial right, undermines public confidence, hidden from scrutiny.

What percent of felony cases go to trial?

Fewer than 9%.

What is a bench trial?

A trial before a judge without a jury.

What is a jury?

Citizens sworn to determine facts and deliver a verdict.

What are the six vital functions of juries?

Prevent oppression, determine guilt, represent community, buffer, educate, symbolize law.

What are the steps in the trial process?

1. Jury selection 2. Opening statements 3. Prosecution evidence 4. Defense evidence 5. Rebuttals 6. Closing arguments 7. Jury instructions 8. Verdict.

What is voir dire?

The process of questioning potential jurors to identify bias.

What is a 'challenge for cause'?

Removal of a juror for bias or legal reason.

What is a 'peremptory challenge'?

Removal of a juror without explanation.

What types of prosecution evidence exist?

Real, demonstrative, testimony, direct, circumstantial.

What can the defense do during trial?

Present contrary evidence, offer an alibi, or use affirmative defenses.

Can a defendant be forced to testify?

No, they are protected by the 5th Amendment against self-incrimination.

What are the judge’s instructions to the jury about?

Legal principles, including the meaning of reasonable doubt.

What are appeals based on?

Legal or procedural errors during the trial.

What is habeas corpus?

A judicial order reviewing whether a person is lawfully detained.

What percent of habeas corpus appeals succeed?

About 1%.

What are the four main goals of punishment?

Retribution, deterrence, incapacitation, rehabilitation.

What is restorative justice?

A three-way approach involving offender, victim, and community for mediation.

What is the main goal of restorative justice?

Repairing victims’ losses and restoring community trust.

What are the main types of criminal sanctions?

Incarceration, intermediate sanctions, probation, death.

What is incarceration?

Confinement in jail or prison as punishment.

What are indeterminate sentences?

Sentences with no fixed length; parole boards determine release.

What are determinate sentences?

Fixed-term sentences with no discretion on time served.

What is a presumptive sentence?

A recommended sentence length established by guidelines.

What is a mandatory sentence?

Requires a minimum time served; no judicial discretion below that level.

What is 'good time'?

Reduction in sentence for good behavior.

What is 'earned time'?

Sentence reduction for participation in programs.

What are intermediate sanctions?

Less restrictive punishments than incarceration but more than probation.

What is probation?

Correctional supervision in the community instead of prison.

What is 'shock probation'?

A brief incarceration followed by probation.

What are key facts about the death penalty in the U.S.?

Abolished by most democracies; about 2,943 inmates on death row.

What are arguments for the death penalty?

Deters crime, achieves justice, prevents reoffending, cost-effective.

What are arguments against the death penalty?

No proof of deterrence, immoral, applied discriminatorily, risk of innocents.

What influences sentencing decisions?

Administrative context, judges’ attitudes, presentence reports, sentencing guidelines.

What is the purpose of a presentence report?

To recommend a sentence based on the offender’s background and offense.

What are sentencing guidelines?

Rules to limit judicial discretion and ensure consistency.

What did the Federal First Step Act do?

Reduced mandatory minimums, allowed judges discretion, revised sentencing.

What causes wrongful convictions?

Mistaken IDs, misconduct, ineffective defense attorneys.

How has DNA technology impact wrongful convictions?

Helped exonerate the innocent and confirm guilt.