Untitled Flashcard Set

Main functions of state police

To enforce laws, maintain public order, and provide support to local law enforcement agencies.

Mutual aid pacts

Agreements between agencies for shared resources and support during emergencies.

Consent decrees

Court-approved agreements to resolve a dispute, often involving changes in management or policies.

Private policing

Security services provided by private entities, which complement public law enforcement efforts.

Use of force

Refers to the extent of physical force used by law enforcement to compel compliance.

Deadly force vs Non-deadly force

Deadly force is intended to cause death; non-deadly force is intended to control or restrain.

TN v Garner

A landmark Supreme Court case that limited the use of deadly force by police on fleeing suspects.

Less lethal weapons

Weapons designed to incapacitate rather than kill, such as tasers and rubber bullets.

Crime Fighter role vs Order Maintenance role

Crime fighters focus on law enforcement and criminal capture; order maintenance focuses on public peace and community relations.

Backbone of police

Refers to the fundamental structure or core functions that support law enforcement agencies.

Proactive policing

Strategies that prevent crime before it occurs through various law enforcement techniques.

Community Oriented Policing

A strategy that promotes partnerships between police and community members to improve public safety.

Discretion in policing

The freedom of police officers to make decisions in their law enforcement activities.

Judiciary Act of 1789

Established the federal judiciary of the United States.

Marbury v Madison

A Supreme Court case that established the principle of judicial review.

Types of jurisdiction

The authority of a court to hear a case; includes personal jurisdiction, subject matter jurisdiction, etc.

Role of each level of court

Different courts (e.g., district, appellate, Supreme) have specific responsibilities and powers.

US Supreme Court: rule of four

Four justices must agree to grant a writ of certiorari to hear a case.

Writ of Certiorari

An order by which a higher court reviews a case from a lower court.

Stay of execution

A court order to temporarily suspend the enforcement of a court judgment.

Role of judges

Judges interpret law, oversee court proceedings, and ensure justice is served.

Qualifications to be a judge

Varies by jurisdiction but generally includes legal education, experience, and ethical standards.

Role of prosecutor

The lawyer who represents the government and presents the case against a criminal defendant.

Exculpatory evidence

Evidence that can exonerate a defendant from charges.

Reasons to dismiss a case

Lack of evidence, prosecutorial misconduct, violation of rights, etc.

Gideon v Wainwright

A Supreme Court case that ruled defendants have the right to counsel, even if they cannot afford one.

Types of juries

Includes grand juries and trial juries, often consisting of 12 members.

required number of jurors in death penalty case

Generally, a unanimous decision is required in death penalty cases.

Eligibility for serving on a jury

Must be a legal adult, a citizen, and not disqualified by law.

Challenges for cause in jury selection

A request to exclude a juror based on a specific reason, such as bias.

Batson v KY

A Supreme Court case prohibiting racial discrimination in jury selection.

Pretrial motions

Requests made to the court before a trial begins to determine the admissibility of evidence or other matters.

Advantages to a bench trial

Faster proceedings, less formal, judge has legal expertise.

Types of evidence

Includes physical evidence, witness testimony, documentary evidence, etc.

Characteristics of a grand jury

Composed of citizens who review evidence to determine if there's sufficient cause to charge someone.

Right to Bail

Constitutional right allowing a defendant to secure temporary release prior to trial.

Preventive detention

Holding a defendant in custody before trial when they are deemed a flight risk or danger to society.

Types of plea bargaining

Includes charge bargaining, sentence bargaining, and fact bargaining.

Pros/cons of plea bargaining

Pros include reduced sentencing and quicker resolution; cons include potential for injustice and coercion of defendants.

Opening statements

Initial remarks by attorneys outlining their case to the jury at the start of a trial.

Closing arguments

Final statements made by attorneys to summarize their case and persuade the jury before deliberation.

Jury instructions

Guidelines provided by the judge to jurors on how to interpret the law and apply it to the case.