Chapter 15: Criminal Procedure Before Trial

Due Process Clause

A clause in the 5th and 14th Amendments that, on a simple level, at least provides the right to notice and a hearing.

Incorporation

Hearsay

Probable Cause

Exists when an officer has a reasonable basis for the belief that a person should be searched or arrested.

Warrant

A written order of court allowing law enforcement officers to search a certain place, or search or arrest a certain person.

Felony

A serious crime; a crime punishable by death or imprisonment for more than one year.

Exigent Circumstances

An emergency that requires immediate action; these situations do not allow time for law enforcement to obtain a search or arrest warrant.

Hot Pursuit

Police are excused from obtaining a search warrant if, during the pursuit of a suspect, the suspect enters private property. Officers need not stop and get a warrant to follow the suspect onto private property.

Plain-view Doctrine

Police are not required to have a search warrant to obtain evidence that is in plain view.

Exclusionary Rule

States that evidence obtained in violation of the Fourth Amendment is not admissible in court.

Arrest

The physical seizure of a person by the government.

Habeas Corpus

Lit. to present the body, to bring forth the body; a petition (writ) to bring a person before the court to test the legality of the person’s imprisonment or detention.

Interrogation

The process used by law enforcement officers to elicit information from a criminal suspect.

Confession

A voluntary statement made by a person charged with a crime, acknowledging that he or she is guilty of the charge.

Self-incrimination

Statements made by a criminal suspect which might be used against him or her; the Fifth Amendment prohibits the government from making a person become a witness against himself or herself.

Arraignment

A hearing where the criminal defendant comes before the court to enter a plea; it is a hearing in open court where the information and/or indictment is read and the defendant is asked to enter a plea. Another name for this procedure is an initial appearance.

Plea

The criminal defendant’s response to the charge against him or her.

Investigation

The process of asking questions and locating evidence; begins when police become aware that a crime has been committed.

Booking

Wherein the police file formal charges, and background and biographical information about the suspect is gathered.

Bail

An amount of money payable as a condition of pretrial release set by the court to guarantee the defendant’s presence at trial.

Affidavit

A written and sworn statement of facts, usually made by the arresting officer and/or witnesses.

Initial Appearance

Preliminary Hearing

A defendant’s second appearance before the court; the purpose is to establish that probable cause for the arrest exists.

Grand Jury

A jury that is called upon to receive and review accusations and complaints in criminal matters; this jury will hear evidence and issue indictments.

Information

Indictment

Nolo contendere

Bill of Particulars