CRJ 3020 Ch.1-5

Criminal evidence

proof of something

Criminal procedure

involving methods the gov't uses to punish criminals

Law defined

the body of rules of conduct by gov't and has binding force

Crime

wrong committed against the public

Positive law

made by humans + from a higher power

Natural law

law that exists + morality

Common law

created in the 17th century

Case law

written collections of court opinions

Constitutional law

interpretation of a particular law

US Constitution principles

RLSF (representative democracy, limited gov't, separation of powers, federalism

Judicial review

court examining laws and actions of the executive branch

Federalism

sharing of political power between two or more governments

Article 1

HBE (habeas corpus, bill of attainder, ex post facto laws)

Article 2

executive powers

Article 3

federal judicial powers

Article 4

interstate relations

Article 5

limitations to state gov'ts

Article 6

supremacy clause ( no state law can conflict with federal law)

Statute law

made by a legislature, which is state and federal

MPC

adapts common law into statutory law

Acts

includes stopping and questioning someone on the street, and conducting a search and investigation

Law and procedure are based on

FACTS

Prosecutor

gov't attorney that pursues legal proceedings against persons accused of a crime + executive branch

Types of crime

FCMIV (felony - punishable in state or federal prison, capital felony - death penalty, misdemeanor - punishable by incarceration, infraction/violation - fines only )

Probable cause

reasonable grounds to believe a crime was committed and that a particular person was involved

Exclusionary rule

illegally obtained evidence that can't be used

Evidence

information offered to prove or disprove a fact

Presumption of innocence

individuals are said to be innocent until proven guilty

Burden of proof

the level of proof that the finder of fact must be true and correct

Levels of proof

0,15-20,25-30, 35-45, 51, 60-75, 95, 100

Dual court system

state and federal courts

Trial courts

evidence is first heard and considered

Appellate courts

ARR (affirm - uphold, reverse - overturn, remand - specific instructions)

Question of law

interpretation of statute or procedure

Two major functions of appellate courts

judicial review and statutory interpretation

Jurisdiction

power of a court to hear and decide a case

Venue

physical location where trial is held

Exclusive jurisdiction

only one court has the authority to handle a case

Concurrent jurisdiction

two or more courts have the authority to handle the same case

objective privacy

expectation of privacy that society is prepared to consider reasonable

Seizure

meaningful interference w/ a person's property

General warrant

fails to specify the person or place to be searched

Writ of assistance

authorized royal customs officers to search houses and ships

Search

fair chance that evidence will be found

Arrest

fair probability a person has committed a crime

Private search doctrine

private individual not associated with gov't collecting evidence

Third-party doctrine

when a person incriminates someone else voluntarily

Subjective privacy

person affected demonstrated they expect privacy

Objective privacy

privacy is considered "reasonable" by society

Stop

police practice involving questioning a person with reasonable suspicion + less intrusive than an arrest based on reasonableness

Frisk

limited search of a stopped person who is believed to be armed and dangerous + requires a lower standard of proof

Investigate detentions/stops

regulated by 4th Amendment and has limited scope and duration

Arrest

physically taking a person into custody

Reasonable suspicion

officer being able to articulate why said person is suspicious

Probable cause

facts within an officer's knowledge to believe that a crime has been committed or there is criminal evidence

Direct information

sensory experience of what the police see

Hearsay information

information heard from the police by someone else

Formal arrest

intentionally making an arrest by announcing this to the suspect

De facto arrest

officers exceed the boundaries allowed for an investigative stop/detention

Initial appearance

the judge makes an examination of a case and sets bail

Preliminary hearing

the judge determines whether there is enough evidence to hold the defendant

Qualified immunity

limits lawsuits against law enforcement

Affidavits

info and facts sworn under oath

Greater latitude

used for felony arrests

Lesser latitude

used for misdemeanor arrests

Territorial jurisdiction

limits where someone may actually be arrested