Const. Law & Rules Probable Cause, The Exclusionary Rule & Grand Jury

Plea bargain- an agreement between a defendant and a prosecutor to settle a criminal case

Pre-trial motion- a formal request to a judge to make a ruling on a criminal case before trial

venire - a group of prospective jurors assembled according to procedures established by law.

Voir dire- a process in which prospective jurors are questioned to determine whether there are grounds for challenge.

Challenge for cause- a challenge for the dismissal of a juror based on causes specified by law.

Peremptory challenge- the dismissal of a prospective juror for reasons that need not be stated.

Direct-examination- (by the prosecutor) 

Cross- Examination- (by the defense lawyer)

Redirect examination- (by the prosecutor)

Recross- examination -(by the defense lawyer)

Rebuttal evidence- evidence presented to destroy the credibility of witnesses or any evidence presented by the other side in a case.

Motion- a request made orally or in writing, asking the judge for a legal ruling on something related to a case. 

Prima facie case- a case that is strong enough to prevail if it is not contradicted by the opposing party.

Motion for a mistrial- a motion filed seeking for the trial to be declared invalid before it is completed alleging improper conduct

Instructions to the jury- the trial judge must instruct the jury properly on all general principles of law relevant to the charge and the issues raised by the evidence.

Jury deliberation- The foreperson of the jury is always elected by the jury members immediately after the jury has been instructed by the judge and has left the courtroom and moved to the jury room to start its deliberation. 

Double shot/jeopardy - not guilty, prosecutor only gets one shot 

Bench trial- where a judge, rather than a jury, makes the final decision about the case. The judge evaluates the evidence and applies the law.

Death Penalty New Jersey- Majority of states have the death penalty, New Jersey abolished by statute the death penalty- 2007, electric chair (1963) old smokey.

Sentencing hearing- what the judge decide what the sentence should be 

Aggravating factors - Bad, aggravating factors make a crime worse

Mitigating factors- make it less serious

Pre-sentence report- a legal document that helps judges decide on a sentence for a convicted criminal

“Motion to suppress Evidence” is a request to exclude evidence from a criminal trial. The motion is filed by the defense attorney before the trial. The motion is based on the idea that the evidence was obtained illegally or unconstitutionally.

Judge-made rule- a rule crafted by judges not provided for in the constitution.

Exclusionary rule- states that evidence obtained by the government in violation of the Fourth Amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt. 

New Jersey’s Grand Jury how many members- 23

Criminal Petit Jury how many members- 12

The Prosecutor in the grand jury has to show what proof- Probable Cause

More likely then not if you have to give it a number, what vote?- 51:49/ Majority vote

Petit jury Standard proof?- beyond reasonable doubt

23 vs 12- unanmoius vs. majority of the aquarium

Who are the three groups of people who have to decide probable cause in the criminal justice court system- law enforcement officials, judicial officials, grand jury( group of citizens)

Searches and sezuires what Amendment- 4th Amendment

The exclusionary rule where does it come from?- Judges, it’s made up

The decided probable cause- the reasonable person standard

Probable cause with warrants-

Probable cause without warrants-

Most criminal justice cases in the United States with or without warrants- without a warrant.

The grand jury, what does it come from, what country- England

Who’s allowed in the grand jury room- The prosecutor, chair person, the courts sonographer, the defendent themselves

Who’s not allowed in the grand jury- The defense lawyer

If the grand jury says that there is probable cause and a crime has been committed, it is put into a document. What is the document called?- indictment

If the grand jury 51:49 decides that there is not probable cause- the case is no billed, no bill of indictment.

Law enforcement uses their fives senses- sight, hearing, smell, taste, and touch