Intro to Criminal Justice Exam 2

What is the role of Judges

preside over trials, evaluating evidence, instructing juries

What is the role of Prosecutors

investigate and charge crimes, presenting cases in court, negotiating plea deals

What is the role of defense attorneys

advocating for the defendants’ rights, providing legal counsel, building defense, negotiating, representing clients in court

What is jurisdiction

the extent of a particular court’s power to make legal decisions and judgments

what is writ of certiorari

Used by appellate courts that have discretion to review a lower court’s opinion. the writ is an order to send all documents of a case to be reviewed

What is voir dire

The process in which prospective jurors are questioned in court under oath to uncover inappropriate jurors

What is amicus curiae

Criminal court need what kinds of evidence

Burden of proof, beyond reasonable doubt

Civil Courts need what kind of evidence?

Preponderance of evidence

What is absolute immunity

What is discovery

the process through which the defense learns about evidence held by the prosecution

What does the Fourth Amendment state?

What does the Fifth Amendment state

What is the exclusionary rule

excludes evidence from trial that was obtained unlawfully, which violates a person’s constitutional rights

What is the Fruits of the Poisonous Tree doctrine

evidence obtained during an illegal search would be disallowed at trial

What is double jeopardy

constitutional protection that prevents the accused from facing charges or trial by the same court jurisdiction after an acquittal or conviction for the same offense

What is the Sixth Amendment

Probable cause

the existence of more than a suspicion that a person has committed an illegal act

Mapp v. Ohio

Reasonable suspicion

an objective basis supported by specific facts for believing someone committed a crime

What s the Carrol Doctrine?

What are the exceptions to warrant requirements

Community Policing

policing with proactive measures and collaborates with community members

Problem-Solving

Directed Patrols

Hot Spot policing

Specific geographical locations identified as high-crime areas

Stop and frisk policies - New York

allows police to detain and search a person when the officer reasonably suspects that a crime has been or will be committed

Broken Windows Theory

social disorder that occurs in run-down and neglected neighborhoods, which leads to higher crime rates

Rotten Apple Theory

the idea that corruption in most police departments can be traced to just a few officers

Terry v. Ohio

Miranda v. Arizona

what is an ethical dilemma/ethical issue

Zero tolerance

a policing approach that focuses enforcement efforts on issues such as disorder and minor crime

Routine Activity Theory

the convergence in space and time of motivated offenders, suitable targets, and the absence of capable guardians increases the risk of criminal incidents

Profiling

occurs when officers question or investigate a person based on race, ethnicity, religion, or national origin

Meat eaters

officers who actively engaged in corrupt activities

Grass eaters

officers who acted as passive participants when others were engaging in bribery and corruption

Discretion

allows police and others throughout the criminal justice system the latitude to make an arrest (or other action) or not

Crime Triangle

focuses on immediate concerns in the environment to confront difficult issues

What do the letters in the SARA model stand for

Scan, analysis, response, assessment

Emergency Doctrine

Allows warrantless searches if evidence may be destroyed or in cases of imminent danger

Plain view doctrine

permits police officers to seize evidence without a warrant if it is easily seen

Inevitable discovery

illegally obtained evidence may be used if eventually it would have been found legally

Exigent circumstances

emergency circumstances to prevent escape, harm to the officer or others, and destruction of evidence

Communications Assistance for Law Enforcement Act

a 1994 law that allows federal agencies to monitor an individual’s phone calls and internet messages more easily

Regulatory searches

searches by government officials such as restaurant health inspections, inspection of vehicles crossing borders, airport screenings, and fire inspections, that may be conducted without a warrant

Missouri Plan

aka the merit selection system, it is a process to elect judges that attempt to eliminate politics

Judiciary Act of 1789

congress established the federal court system and specified jurisdictions

Indictment

a formal accusation that an individual has committed an act punishable by law, typically presented by a grand jury

En banc

a case heard by all judges of the court, or the full court, typically heard when a significant issue is presented or if both parties request and the court agrees

Court of last resort

the final court with appellate authority in a given court system, the supreme court is the last

Separate-but-equal doctrine

the concept that black and white individuals could legally be segregated under the constitution given that the facilities and services available were comparable in quality for each race

Pro se

Latin for “for himself” meaning self-representation in legal proceedings without a legal representative’s aid

Specialized courts

aka problem-solving courts, work with particular types of offenses and offenders

Arraignment

a formal reading of charges in a court of appropriate jurisdiction in front of the defendant

Bail Reform Act of 1966

provides a noncapital defendant with the right to be released on bond or personal recognizance unless the defendant is a flight risk

Motion in limine

requests that the judge rule on whether particular evidence can be used at trial

Peremptory challenge

an attorney may remove a prospective juror from the venire without giving a legal reason

Recognizance

a suspect, without posting bail money, agrees to show up for the court based on their word alone

Trial management order

A full schedule created by the court and the court participants that designates what happens and when as the parties work towards the trial date

Venire

a list of potential jurors from which the jury is selected

Challenge to the array

an argument that the venire should be discharged because of a deficiency or an illegality in how it was selected

Advocacy model

the defendant and the government are represented by advocates who act on behalf of their clients

Acquit

to free someone from a criminal charge following a not guilty verdict

Adjudicate

to render a formal judgment about a disputed matter

Allen charge

additional instructions a judge may give to a deliberating jury to discourage a mistrial

Bench Trial

a trial in which a judge acts as the fact finder, weighs the evidence, deliberates, and renders a judgment

Bifurcated trials

a double trial system used for capital cases. first trial is the guilt trial, the second determines punishment

Pattern jury instructions

language template to be used when charging the jury

Violent Crime Control and Law Enforcement Act

a 1994 law that requires people to serve at least 85% of their sentences in order for states to qualify for a federal financial aid