Chapter 1

What does criminal law define?

Criminal offenses.

What does criminal procedure address?

Investigation, detection, prosecution.

What can influence enforcement in criminal procedures?

The procedure itself.

What is a key belief in the American system regarding criminal procedure?

Faith in fairness and accuracy.

What can happen if there are too many legal barriers in criminal procedure?

It may lead to negative outcomes.

List three objectives of criminal procedure from the notes.

Accuracy, efficiency, respect, and fairness.

What occurs during the criminal investigation phase?

Detecting and investigating criminal offenses.

What is required for an arrest to be executed?

Probable cause.

What happens during the postarrest phase?

The arrested individual is booked at the police station.

What occurs during the criminal charge phase?

Suspects appear before a magistrate and are informed of charges and rights.

What follows a conviction in the sentencing phase?

A hearing to determine punishment.

What may a defendant do in the appeal phase?

Appeal with a higher court.

What are two sources of criminal procedure law?

U.S. Constitution and judicial decisions.

In the federal judicial system, what is the lowest level?

94 district courts.

What does the U.S. Supreme Court represent in the judicial hierarchy?

The court of last resort.

What is stare decisis?

The legal principle of determining points in litigation according to precedent.

What are 'originalist' justices?

Justices who interpret the Constitution based on its original meaning.

What is a common issue in law in action versus law on the books?

Defendants may plead guilty or waive rights/jury.

Define judicial activism.

Judicial activism is when judges make rulings based on personal opinion rather than existing law.

What is the function of a preliminary hearing?

To determine probable cause.

What are some types of punishment mentioned for the sentencing phase?

Incarceration, fines, probation.

What is a nolle prosequi?

A legal term that indicates that a prosecutor will not pursue charges against the defendant.