CCJS100 Exam 2 Vocab

adversarial process

lawyers for each side represent their clients’ best interests in presenting evidence

inquisitorial process

judge takes active role in investigating case and examining evidence

jurisdiction

range of a court’s authority

limited jurisdiction courts

misdemeanors, traffic, small claims, some felonies

general jurisdiction courts

felonies, major civil cases, some misdemeanors

appellate courts

don’t try criminal cases, hear appeals/errors from lower courts

problem solving courts

drug courts, DV courts, mental health courts, etc.

adjudicator

stays neutral, rules on motions + sentences

negotiator

referee, oversees talks on plea bargains, sentences, bails

administrator

manages staff, complex schedules, caseloads + budgets

partisan election

election in which candidate openly affiliated with political parties are presented to voters

nonpartisan election

election in which candidates’ party affiliations aren’t listed on the ballot

merit selection

judges are nominated by a committee and appointed by governor for given period. After term, voters approve/disapprove judge for next term

prosecuting attorney

brings criminal charges on behalf of state, can be DA, states attorney, etc.

US attorney

prosecute crimes that violate laws of the U.S. Are appointed by president and assigned to U.S district court jurisdiction

state attorney general

chief legal officer of a state, responsible for civil and criminal matters

trial counsel for police

take crime-fighter stance, believe they should reflect views of law enforcement in court

house counsel for police

give legal advice so arrests stand up in court

rep. of the court

enforce rules of due process to ensure police act according to the law

elected official

most responsive to public opinions, worried about political impact

count

each separate offense a person is accused of in indictment

discovery

prosecutor’s pretrial disclosure to defense of facts + evidence

nolle prosequi

prosecutor announcing they are dropping certain charges

accusatory process

series of events from arrest to filing of a charge

defense attorney

represents accused defendants + convicted offenders

assigned counsel

attorney in private practice assigned to indigent defendants by court, fee is paid by government

contract counsel

attorney in private practice who contracts with government to represent all indigent defendants in a county during a period of time

public defender

full time attorney, salaried, by public org. to represent indigent people

local legal culture

norms shared by members of court as to how cases should be handled and how people should behave

going rate

local court officials’ shared view of appropriate sentence for offense, defendant’s past, etc.

continuance

adjournment of scheduled case until later date

work group

group of people who work together, establish roles, etc.

hunch

not enough to stop anyone, at bottom of ladder of proof

reasonable suspicion

cannot arrest with this, think crime is going to happen, specific facts that crime may be afoot, allows stop and frisk, second on ladder of proof

probable cause

can arrest with this, facts that make it likely a crime happened or evidence is there, allows arrest or search warrant, third on ladder of proof

beyond a reasonable doubt

the highest standard, needed for a conviction (courts, not police), highest on ladder of proof

arrest

taking a person into custody, requires probable cause

plain view

evidence in open sight, where officer is legally allowed to be, can be seized without warrant

deadly force

rarely used, police can’t shoot unarmed non-dangerous fleeing suspect

how do police get a warrant? (due process system)

1. gather facts (tips, observations, evidence)

2. swear an affidavit (sworn statement that facts are true)

3. judge reviews (do the facts add to probable cause)

4. warrant issued (names the specific place, person, or items)

what are ways to search without a warrant?

1. special needs (border crossings, airport security)

2. stop + frisk (pat down for weapons on reasonable suspicion)

3. incident to arrest (search the person/area within reach during lawful arrest)

4. exigent circumstances (an emergency: danger, hot pursuit, evidence about to be destroyed)

5. consent (the person voluntarily says yes/no)

6. automobiles (with probable cause, since the vehicle could drive away)

5th amendment

protects people from coercion and violence by police and keeps system legitimate, no compelled self-incrimination

Miranda v. Arizona (1966)

law enforcement officers must inform suspects of their constitutional rights before questioning them while in police custody

Miranda warnings

1. you have the right to remain silent

2. anything you say can/will be used against you

3. you have right to attorney

4. if you can’t afford one, it will be provided

exclusionary rule

evidence obtained illegally can’t be used in court

search

inspection of a person, vehicle, home, or property by a police officer to look for evidence

seizure

taking of physical property or evidence by police

reasonable expectation of privacy

legal test that determines whether a search or surveillance violates a person's Fourth Amendment rights against unreasonable searches and seizures. If a person has a reasonable expectation of privacy for a place or thing, the police need a warrant or reasonable cause to search it.

stop

a brief, temporary stop of a person by police based on reasonable suspicion that they are involved in criminal activity, involves asking questions, checking ID etc.

affidavit

a written statement of facts that a person voluntarily signs and swears to be true under oath before court

warrant

an official court order signed by a judge that authorizes law enforcement to make an arrest, search a location, or seize property

open fields doctrine

police do not need a warrant to search unoccupied or undeveloped property outside a home's immediate surroundings, because citizens have no reasonable expectation of privacy in open fields.

search incident to a lawful arrest

a legal exception to the warrant requirement that allows police officers to search an arrested person and the area within their immediate control without a warrant, usually done because they fear evidence will be destroyed or to protect officer from potential weapons (requires physical arrest FIRST)

exigent circumstances

can be done BEFORE arrest, police can conduct a search or entry without a warrant because taking the time to get one would endanger public safety, risk the destruction of evidence, or allow a suspect to escape

consent search

a search conducted lawfully because the individual gave their consent

custodial interrogation

questioning of a suspect by law enforcement after the suspect has been taken into custody or otherwise deprived of their freedom of action in a significant way.

public safety exception

allows law enforcement to question a suspect in custody before reading their Miranda rights if there is an immediate, urgent threat to public safety like a time bomb

fruit of the poisonous tree

any evidence obtained through illegal police conduct (the "tree") is also tainted and cannot be used in court (the "fruit")

good faith exception

evidence obtained with an invalid warrant can still be used in court if the police officers reasonably believed the warrant was valid and acted in good faith

inevitable discovery exception

evidence obtained illegally can still be used in court if prosecutors can prove that police would have eventually found it anyway through lawful means

dual court system

division of courts into the federal court system and the individual state court systems

arraignment

court appearance of an accused person in which the charges are read and the accused pleads guilty/not guilty

motion

application to a court requesting that an order be issued to bring about a specific action

bail

an amount of money, specified by judge, to be paid as a condition of a pretrial release to ensure person will appear in court

citation

a written order/summons, issued by a law enforcement officer, directing an alleged offender to appear in court at a specific time

release on recognizance (RoR)

pretrial release granted on defendants promise to appear in court because judge believes that defendant’s ties to community guarantee they will disappear

percentage bail

defendants may deposit a % (usually 10%) of the full bail with the court. Full amount of bail is required if defendant doesn’t appear

preventive detention

holding defendant for trial because they are viewed as threat to community if released on bail

bench trials

trials conducted by judge who acts as a fact finder, determines issues of law, and renders a verdict

jury

a panel of citizens selected according to law and sworn to determine matters of fact in a criminal case

voir dire

a questioning of prospective jurors to screen out people that may be biased

challenge for cause

removal of a prospective juror by showing that they have some bias or other legal disability (unlimited)

peremptory challenge

removal of a prospective juror without giving a reason (limited)

real evidence

physical evidence, such as a weapon, records, etc.

demonstrative evidence

evidence that isn’t based on witness testimony but demonstrates info relevant to the crime like maps, X-rays, etc.

testimony

oral evidence provided by a legally competent witness

direct evidence

eyewitness accounts

circumstantial evidence

evidence provided by a witness from which a jury must infer a fact, (Ex. DNA)

reasonable doubt

standard used by a jury to decide if the prosecution has provided enough evidence for conviction

appeal

a request to a higher court that it review actions taken in a trial court

habeaus corpus

a writ/judicial order requesting the release of a person being detained in a jail, if judge finds person is being held improperly, writ may be granted

3 things of courts

1. norm enforcement (enforcing society’s rules for behavior)

2. dispute processing (settling disagreements over contracts, money, property, injuries)

3. policy making (top courts set rules, such as how searches happen and how suspects are questioned)

bail agent

private businesses, pay nonrefundable fee, usually 10%, they’ll pay full amount to court

• pick their clients and track people who skip court down

• U.S. and Philippines use them only

motion

ask court to order a specific action

suppress evidence

confession came without Miranda warnings

compel discovery

see the prosecution’s witnesses/evidence

strategic delay

buy time

bail fund

a nonprofit posts bail for those who can’t

pretrial detention

the practice of holding a defendant in jail after they have been arrested and charged with a crime, but before their trial takes place

plea bargaining

negotiation process where prosecutor offers a defendant a reduced charge or a lighter sentence in exchange for the defendant pleading guilty without going to trial

Alford plea

a guilty plea in criminal court where the defendant maintains their innocence but admits that the prosecution has enough evidence to convict them at trial

trial penalty

harsher sentence a defendant receives if they are found guilty at a trial compared to the lighter sentence they were offered if they had just taken a plea deal

alibi

evidence showing that a defendant was somewhere else when a crime took place, proving it was physically impossible for them to have committed it

affirmative defense

Instead of arguing "I didn't do it," the defendant argues, "I did it, but the law says my actions were justified or excused.

hung jury

jury can’t agree on a verdict, so no decision is ultimately reached. case can be retried without double jeopardy, dismiss charges, or offer plea bargain

retribution

punishment inflicted on a person who has harmed others and so deserves to be punished (focuses on the crime)

general deterrence

punishment of criminals that is intended to be an example to the general public and thereby discourage the commission of offenses

specific deterrence

punishment inflicted on lawbreakers to discourage them from committing future crimes

incapacitation

depriving a lawbreaker of the ability to commit crimes against society, usually by detaining the individual in prison

selective incapacitation

making the best use of expensive and limited prison space by targeting for incarceration those individuals whose incapacitation will do the most to reduce crime in society