UW Madison Soc 131-Exam 2

search

government officials' examination of and hunt for evidence on a person or in a place in a manner that intrudes on reasonable expectations of privacy

reasonable expectation of privacy

the objective standard developed by courts for determining whether a government intrusion into an individual's person or property constitutes a search because it interferes with the individual's interests that are normally protected from government examination

Plain View Doctrine

officers may examine and use as evidence, without a warrant, contraband or evidence that is in open view at a location where they are legally permitted to be

Seizures

situations in which police officers use their authority to deprive people of their liberty or property and which must not be "unreasonable" according to the Fourth Amendment

Reasonable Suspicion

a suspicion based on specific facts; less than probable cause

probable cause

Information indicating that it is more likely than not that evidence will be found in a specific location.

affidavit

sworn written statement made before an authorized official

stop-and-frisk search

limited search approved by the Supreme Court in Terry v. Ohio that permits police officers to pat down the clothing of people on the street if there is reasonable suspicion of dangerous criminal activity

Exigent Circumstances

when there is an immediate threat to public safety or the risk that evidence will be destroyed, officers may search, arrest, or question suspects without obtaining a warrant or following other usual rules of criminal procedure

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

exclusionary rule

improperly gathered evidence may not be introduced in a criminal trial

Goof Faith Exception

the exception to the exclusionary rule that permits the use of improperly obtained evidence in instances where consent was given by someone of improper authority or when a warrant has been improperly issued.

inevitable discovery

exception to the exclusionary rule that allows the use of illegally obtained evidence at trial if the court determines that the evidence would eventually have been found by legal means

prosecuting attorney

government's legal representative who brings charges in a case

state attorney general

chief legal officer of a state, responsible for both civil and criminal matters

Prosecutor's Dilemma

conflicting pressures to press charges vigorously against lawbreakers while upholding justice and rights of the accused.

prosecutors role

Trial counsel for the police, house counsel for the police, representative of the court, elected official.

Count

each separate crime with which a defendant is charged

Discovery

a prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial

nolle prosequi

a declaration that expresses the prosecutor's decision to drop charges from further prosecution

assigned counsel

An attorney in private practice assigned by a court to represent an indigent. The attorney's fee is paid by the government with jurisdiction over the case.

contract counsel

an attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount

public defender

An attorney employed by the government on a full-time, salaried basis to represent criminal defenders who cannot afford to pay for a lawyer.