criminal justice finial

Jurisdiction

ability of law enforcement agencies to enforce laws because of location or type of crime.

• What a department has power over. Depends on locations

Responsibilities of sheriffs, troopers, FBI, and Secret Service

• Sheriff- elected, jurisdiction over jails, airports

• Trooper- patrol state highways

• FBI- crimes across state lines, espionage, civil rights, bank robbery terrorism, kidnapping, etc..

• Secret Service- money laundering, counterfeiting 

Use of deadly force

necessary and reasonable; imminent threat to life

Reasons for body cameras

 to provide transparency and accountability and to enhance officer training programs

Mental health within the criminal justice system

increase training of law enforcement to deal with police interventions over the last 10 years; includes de-escalation strategies

Reasons for warrants

 to prevent the government from abusing its power; to protect the rights of citizens

• fail to appear in court

• based on probable cause that a crime was committed

• protect citizens from unreasonable searches and seizures while also providing law enforcement with the authority to act in specific circumstances
  

Exigent circumstances

allows police to enter a private residence without a warrant (ex. Chasing a suspect)

• refer to emergence situation that under the forth amendment warrant requirement allow law enforcement officers to conduct a warrantless search
  

• situation that are so urgent or require suck swift action that a delay may be dangerous

Plain view

police can seize evidence without a warrant if it’s visible to police on the scene 

• something connected to a crime and is in visible/arms reach
  

Fruit of the poisonous tree

all evidence that is the result of an illegal search; inadmissible in court

Direct evidence

 Evidence based on a witness’s personal knowledge (ex. Confession, eye witness, video recording)

Circumstantial evidence

Evidence that the court can draw conclusions from; inferences are necessary

• doesn’t directly prove a fact

• fingerprints, footprints, fibers left at a crime scene
  

Probable cause

 gives police the right to get a warrant or the right to conduct a search

Miranda rights

 A list of rights police read to criminal suspects taken into custody

Plea Bargain

 An arrangement between prosecutor and defendant where the defendant pleads guilty to reduce the sentence; 90% of cases end this way

• con: can lead to innocent people pledging guilty and loss of constitutional rights

• Pro: Cases are resolved faster, reduce of work

Indictment

Formal charge handed down from the Grand Jury

• formal charge of accusation of a serious crime

• is there enough evidence to convict the person

Grand jury

 issues an indictment if they feel there is probable cause to believe a crime was committed 

• must determine f there is enough evidence to indict a person
  

Burden of Proof

To prove the person is guilty beyond the reasonable doubt in a criminal trial; the responsibility of the prosecution (why they go first in a trial)

Preponderance of evidence

 burden of proof in a civil trial

Beyond a reasonable doubt

burden of proof in a criminal trial

• Legal standard the prosecution must meat to prove a defendants guilt

Arraignment

stage of the criminal procedure when the charges are read to the defendant, a plea is entered, and bail is set.

• defendant find out that they are charged

Bench trail

 trial decided by a judge
- judge, rather than a jury, acts as the sole fact-finder.

Voir Dire

process of selecting a jury for a trial.

• process of questioning potential jurors to determine their suitability on a jury

• Helps identify bias/prejudices

Plaintiff

party that filed a lawsuit against a person, company, organization, or institution

• Plaintiff ( the people)

Steps is a trail

jury selection, opening statement, prosecution case, defense case, closing argument, verdict, sentencing

Taking the 5th

 right of the accused to not self incriminate; “right to remain silent”

Argument for bail reform

• Too many people in jail which costs money

• People are held in jail without being convicted of a crime

• Favors the rich and hurts the poor

• - Bail reform often involves limiting or eliminating the use of cash bail, which disproportionately impacts those who cannot afford to pay. 

- bail reform aims to ensure that individuals are released before trial unless they pose a genuine risk of not appearing in court or endangering the public

Requirements for guilty verdict

unanimous agreement by the jury

• proves the defendants guilt beyond a reasonable doubt

Discovery

when both sides exchange evidence that they have collected

Testimony

provided by witnesses in a case 

Types of civil trails

divorce, child support, lawsuits, etc..

• class action law suits
  

Closing arguments strategy

 summarize the main points make during the trial and create reasonable doubt in the mind’s of the jury

• final chance to tell the jury why they should win the case

Type of objections: argumentative

Questions that challenge the truthfulness of a witness’ testimony without reason or seeking new information

Type of objections: Relevance

 Has to related to the issues in the specific case

Type of objections: Leading questions

 Lawyer gives facts not previously stated and then asks the witness to give  a “yes” or a “no” answer; can’t be used in direct or redirect examination.

• ONLY IN CROSS EXAMINATION
  

Type of objections: Hearsay

Witnesses cannot provide second hand statements about an event (something they’ve “heard” and then “said”

Type of objections: Lack of foundation

must be a proper reason before a witness can testify to specific info

Type of objections: Badgering

Treating a witness poorly; not allowing time to answer a question; provoking or mocking a witness

bailiff

• law enforcement officer, often a peace officer or deputy sheriff, whose primary duty is to maintain order and security in a courtroom

Deterrence

when people look at a crime and they wont do it b/c of the consequences

ex- During the arms race. If we bomb the Soviet Union than we would also get bombed probably 10 times worse.

Courtroom Decorum

refers to the formal etiquette, respect, and appropriate conduct expected in a courtroom.