CJ YEAR 2 FINAL EXAM

4th ammendment

search and seisure ( there has to be a warrant and probable cause in order to search someones property) ( a judge must order the warrant)

5ht amendment

Grants certain rights to criminal defendant:

-self incrimination.

- double jeopardy

-right to due process. (Miranda warning)

what is double jeapordy

When someone is put on trial for the same crime twice with no new evidence

6th Ammendment

-Right to attoryney

-impartial jury

- right to speedy and public trial.

-know your charges

- cross examine witness.

8th amendment

protects right against cruel and unusual punishments. (excessive bail, and fines)

Miranda warning

A series of statements informing criminal suspects, on their arrest, of their constitutional rights, such as the right to remain silent and the right to counsel, while also being interrogated: required by Supreme Court's 1966 decision in Miranda v. Arizona

What is Pretrial Release?

The release of an accused person from custody before or during prosecution, upon their promise to appear in court.

What does Pretrial Release involve?

Releasing an accused person from custody, for all or part of the time before or during prosecution, based on their promise to appear in court.

Due process

Right to a fair trial

Plea Bargain

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a more serious offense.

subponea

a writ ordering a person to attend a court.

parole

the release of a prisoner temporarily (for a special purpose) or permanently before the completion of a sentence, on the promise of good behavior.

probation

a sentence that the offender is allowed to serve under supervision in the community

infringment

A violation, as of a law, regulation, or agreement; a breach

Remedy

The relief given to a victim to enforce a right or compensate (money) for the violation of a right.

Preponderance of evidence

The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.

What are punitive damages?

Money damages awarded to punish the defendant and deter future similar conduct.

Nominal damages

A small amount of money awarded when a breach has occurred but no actual damage/ injury was suffered.

patent-

legal ownership of an invention held by the creator; exclusive right or ownership

public domain

Creative work that's not copyrighted and therefore free for you to use whenever you want.

copyright

the exclusive legal right, given to an originator to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.

Negligence

conduct that creates unreasonable harm

writ of habeas corpus

A court order requiring an explanation to a judge why a prisoner is being held in custody.

role of judge

-ruling on law matters/ motions

-admissibility of evidence

-objections

-instill discipline

-give sentences (capital punishment = jury)

-has burden of proof.

waive

to give up some rights, privilege or benefit voluntarily.

premiums

Payments made to the insurance company for coverage.

common law

A legal system based on custom and by earlier court rulings

Contingency fee

the fee paid to an attorney based on a percentage of the sum the client is awarded or settles for in a lawsuit

intentional tort

A tort committed by one who intends to do the act that creates the harm.

immunity

legal protection that exempts from liability, punishment, or legal authority that would apply otherwise.

exclusionary rule

unlawful evidence seized that may not be used in court.

-police obtain evidence in violating manner against their constitutional rights.

- applies to 4th, 5th, and 6th ammendemts.

transfer impression

Prints visible to the naked eye,

strict liability

The legal responsibility for damage or injury even if you are not negligent

Arraingment

court proceeding where the defendant pleads guilty or not guilty to the formal charge of a crime

battery

intentionally causing harmful of offensive contact with someone else.

assault

threat or attempt to injure

booking

The formal process of making a police record of an arrest

racial profiling

the use of race or ethnicity as grounds for suspecting someone of having committed an offense.

initial appearence

being brought before a judge after shortly being arrested to be informed of charges and sentences.

role of grand jury

16-23 people review evidence presented by prosecutor to determine whether there is probable cause in a criminal case to bring an indictment and take the case to trial

latent print

fingerprint made by the deposit of perspiration or body oils; require method to lift,

nolo contendre

When a defendant neither admits or denies committing a crime but accepts punishment as if he was guilty.

pre trial motions

A request made by the prosecutor or defense attorney that the court make a decision on a specific issue before the trial begins.

detterence

punishment used to discouraged criminals from commtiting other crimes.

voire dire

to speak the truth, jury selection

challenge for cause

Removal of a prospective juror by showing that he or she has some bias or some other legal disability. The number of such challenges available to attorneys is unlimited.

restitution

payment for an injury; compensation

pretrial intervention

A type of diversion program in which a prosecutor suspends prosecution of a case pending the fulfillment of special conditions by the defendant. If these conditions are met, the case is dismissed

pre sentence report

prepared by probation department with description of offense. Past criminal history, info on medical, education, employment, debt, fines, victim statement and a recommended sentence. Also contains if family members have arrest records.

parens patriae

A legal doctrine that gives the state the authority to act in a child's best interest.

status offender

A juvenile who engages in behavior legally forbidden to minors, such as running away, truancy, or incorrigibility.

delinquent offender

a youth who has committed an offense that is punishable by criminal processes

transfer hearing

The hearing in which a decision is made to waive a juvenile to the criminal court. Waiver decisions are based on such criteria as the child's age, her or his prior offense history, and the nature of the offense.

Gault case

a juvenile charged with committing criminal acts is entitled to "due process of law" including notice of the charges, the right to remain silent, and the right to have a lawyer represent them

Juvenile terms:

offense, take in custody, admission, denial, adujucaotry hearing, found deliquent, disposition.

liabilty

legal responsibilty for the harm obligation to do or not do smthg

settlement

made before case

comprehensive damages

protects against damage or loss to your car other than collision,

Workman's Compensation

Money received if you are hurt on the job and can't work for a period of time

mission oriented serial killers

feel it is their mission in life to kill certain kinds of people such as prostitutes and homosexuals.( making world a better place)

Power oriented serial killers

these killers are looking to control and overpower their victims and they enjoy seeing their victims suffer and beg for mercy

visionary serial killers

serial killers who hear voices and have visions that are the basis for a compulsion to murder

hedonistic

gain sexual satisfaction from raping, killing mutibuting, and eating victims

comfort

kills for financial gains

Modus Operandi

the characteristic pattern of operation of a criminal repeated in a series of offenses. (method of operating)

signature

murders psychologocal calling card/ usual characterisitc

McDonald TRiad

- bedwetting after the age of 12

- setting fires

- killing small animals

Morals

distinguishing right aand wrong, principal standard with respect to right and wrong having good values,

ethics

the principles of right and wrong that guide an individual in making decisions

character

the distinctive qualities that describe how a person thinks, feels, and behaves

Fingerprints

-Fingerprints offer an infallible means of personal identification.

-It is the essential explanation for establishing the identities of criminals reluctant to admit previous arrests.

-Fingerprinting has served all governments worldwide during the past 100+ years to provide accurate identification of criminals.

- they are the very basis for the criminal history foundation of police agency.

-most commonly used.

fingerprint history

1,000-2,000 b.c. - In ancient Babylon, fingerprints were used on clay tablets for business transactions

3rd Century B.C., thumbprints were used on clay seals in China to "sign" documents

-1686 Malpighi, a professor of anatomy at the University noted that ridges on the hands are for grip and the ridges on the feet are for traction.

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Before the mid-1800s, law enforcement officers with extraordinary visual memories, identified previously arrested offenders by sight "camera eyes."

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Next came photography, which lessened the burden on memory but was not the answer to the criminal identification problem. Personal appearances change.

1888 - Francis Galton was first to prove that no two fingerprints are alike and they remain the same throughout life.

Wrote a book called Fingerprinting, describing how to take them as well as the arch, loop, and whorl pattern.

Cousin of Charles Darwin

FATHER of Fingerprinting

steps for fingerprinting

1. Fingers must be clean and dry, and alcohol wipes can be used to prevent perspiration.

2. The individual should be asked to stand to the right and at arm's length from the fingerprint device.

3.Individual needs to be relaxed and have him/her focus on another object away from the device

4. Grasp the hand at the base, cup the fingers, and guide the finger to be printed

5. The ink should cover from one edge of the nail to the other, as well as the joint crease

6.Roll finger from side to side in appropriate space and lift finger when removing to prevent smearing

unusable prints

too dark, too light, unevenlh distrubied ink

First systematic use of fingerprints in the U.S

by Dr.Henry P. Deforest who pioneerd U.S fingerprinting in 1902

loops

two focal points: the core, or the center of the loop.

The Delta is the area of the pattern where there is a triangulation or a dividing of the ridges

Loops are found in 60-70% of prints

Most common pattern

whorl

have two or more deltas. Must record all deltas and the areas between them for identification

Found 25-35% of fingerprints

Second most common pattern

Arch

has no delta or core; must be fully recorded

Found in 5% of patterns, usually no delta

Two types plain, tented

Byforkation, a pitchfork

ridge

Ridge ending

Dot or an island

animal fingerprints

They have their fingerprints, like gorillas, chimpanzees, and koala bears.