Key Concepts of the Fourth Amendment and Criminal Justice

Complaint Filing

Filed by plaintiff to initiate a lawsuit.

Fourth Amendment Search

Government searches requiring probable cause.

Detention

Temporary holding without formal arrest.

Particularity Requirement

Specifies what can be searched in warrants.

Exigent Circumstances

Immediate danger allows warrantless searches.

Plain View Doctrine

Allows searches if evidence is visible.

Custodial Interrogation

Questioning after arrest requires Miranda warnings.

Exclusionary Rule

Bars evidence obtained illegally from court.

Fruit of the Poisonous Tree

Extends exclusionary rule to derivative evidence.

Good Faith Exception

Allows evidence if officers believed actions lawful.

Tennessee v. Garner

Limits deadly force on fleeing suspects.

Graham v. Connor

Requires objective reasonableness in force use.

Use of Force Continuum

Levels of force based on threat assessment.

Qualified Immunity

Protects officers unless clear rights violated.

Court of General Jurisdiction

Handles both civil and criminal cases.

Court of Limited Jurisdiction

Handles specific types of cases only.

State Court System

Configured from trial to supreme courts.

Appellate Court Function

Reviews legal errors and ensures fairness.

Appeal Process

Involves filing notice, preparing records, and arguments.

Remand

Appellate court sends case back for further action.

Roles in Criminal Justice

Prosecutor, defense attorney, and judge have distinct functions.

Prosecutor

Represents the state and files charges.

Writ of Certiorari

Approval to review lower court's decision.

Appealed Cases Percentage

U.S. Supreme Court hears 1% or less.

Attorney-Client Privilege

Confidential conversations between attorney and client.

Prosecutorial Discretion

Prosecutors decide whether to file charges.

Prosecutor Election

Prosecutors are elected in lower courts.

Missouri Judicial Selection

Uses non-partisan appointments and merit selection.

Judicial Activism

Decisions based on personal values.

Voir Dire

Questioning potential jurors for biases.

Venire

Group of potential jurors.

Challenges for Cause

Disqualifying jurors for specific reasons.

Peremptory Challenges

Dismiss jurors without providing a reason.

Lay Witness

Connected to the case, lacks expertise.

Expert Witness

Specialized knowledge, testimony can be complex.

Criminal Justice Process Stages

Arrest, booking, trial, verdict, sentencing.

Preventive Detention

Detaining before trial due to safety risk.

Jury Trial Availability

Not always available for misdemeanor charges.

Double Jeopardy

Cannot be tried for same case twice.

Initial Plea Entry

Occurs during arraignment; various pleas allowed.

Preliminary Hearing

Public hearing involving judge and attorneys.

Grand Jury

Private proceedings conducted by citizens.

Plea Bargaining Convictions

90-95% of convictions result from plea deals.

Fourth Amendment

Protection against unreasonable searches and seizures.

Sixth Amendment

Right to speedy trial and counsel.

Stop and Frisk

Requires reasonable suspicion, not probable cause.

Arrest

Requires probable cause for legal justification.

Probable Cause

Belief that a crime likely occurred.

Affidavit

Officer's sworn written statement of facts.

Vehicle Search

Probable cause suffices for searching cars.

Consent Search

Allows searches without probable cause.

Voluntariness Test

Assesses if confessions were given freely.

Dynamics of Use of Force

Factors influencing necessary force in encounters.

Defense Attorney

Represents the offender and builds a defense.

Judge

Ensures the trial is fair and impartial.

U.S. Supreme Court Justice

Nominated by president, approved by senate.

Judge Qualifications

Requires Juris Degree, bar exam, and experience.

Jury Nullification

Jury acquits despite law violation.

Going Rate

Standard sentences for specific crimes.

Bail

Money for release before trial.

Federal Right to Bail

No constitutional right to bail.

Right to Counsel

Afforded for felony or misdemeanor charges.

Fifth Amendment

Right against self-incrimination and double jeopardy.

Eighth Amendment

Protection against cruel and unusual punishment.