Term
|
Definition
| Right of people to be secure in their persons, houses, or paper against unREASONable search and seizure. |
|
|
Term
|
Definition
| Requirements for legally submitting evidence to a trial. Also states the qualifications of experts witnesses and type of testimony given. |
|
|
Term
|
Definition
| Enacted starting from the precedent made in Weeks v. US. Make any illegally seized evidence (includes testimonies) inadmissible in court. |
|
|
Term
|
Definition
| Writ issued from an appellate court (Court of appeals- appeal heard from lower courts) to obtain a lower court's record of a proceeding of a specific case and review it. Happens when court is in favor of a case. |
|
|
Term
| Fruit of the Poisonous Tree Doctrine (Fruit PRODUCT of tree) |
|
Definition
| Legal principle/court ruling term that excludes from introduction at trial any evidence later developed as a PRODUCT of an illegal search |
|
|
Term
|
Definition
| Exception to exclusionary rule. LE that seize evidence under the belief that it was in accordance with the law AT THE TIME, and later finds out there was a flaw in the discovery of the evidence (e.g. search warrant application mistake) allows that evidence to be used in court. |
|
|
Term
| Inevitable discovery doctrine |
|
Definition
| Exception to exclusionary rule. Illegally seized evidence can be allowed in court if it can be proven that it would be highly probable that the evidence would've been found through regular, legal police investigation. Precedent of Nix. v Williams |
|
|
Term
| Independent source doctrine |
|
Definition
| Exception to exclusionary rule. Evidence illegally obtained, but then is obtained again through proper legal means it allowed in court (e.g. LE copies papers illegally w/out warrant and come back with warrant and copy the same papers). Precedent: People v. Amau. |
|
|
Term
|
Definition
| Exception to exclusionary rule. Evidence can only be suppressed if there a is CLEAR LE misconduct and the evidence obtained. Cannot be proven = allowed in court. |
|
|
Term
|
Definition
| Supreme court case that upheld warrentLESS searches of cars because officer had probable cause and cars are mobile making it impractical to get a search warrant first. |
|
|
Term
|
Definition
| When officers can SEE evidence and have a reasonable suspicion that it has something to do with a crime, they can legally seize it. Precedent case: Harris v. US. |
|
|
Term
|
Definition
| Search without warrant that can be justified through EXIGENT circumstances- imminent immediate danger to evidence, life/public safety, or escape of suspect. |
|
|
Term
|
Definition
| Warrant issued based on probable cause that evidence will likely be somewhere at the time the warrant is served even if the evidence isn't currently there. |
|
|
Term
|
Definition
| Act of taking person into PHYSICAL custody by LE. Once in custody, the suspect cannot freely leave and has been taken into custody for the purpose of being charged with a criminal act. |
|
|
Term
| Search incident to an arrest |
|
Definition
| WarrentLESS search of arrested person to ensure SAFETY of officer(e.g. make sure he doesn't have a gun on him). If the search produces "fruit" for another conviction such as carrying illegal drugs it is not a violation of the 4th amendment. |
|
|
Term
|
Definition
| Level is suspicion require for officer to conduct FURTHER investigation. A general and sound belief that a crime is in progress or has occurred. |
|
|
Term
| Difference between probable cause and reasonable suspicion |
|
Definition
| One is a GENERAL belief that a crime is or has been committed. The other is a belief that PARTICULAR person has committed a SPECIFIC crime. |
|
|
Term
| Fleeting-target exception |
|
Definition
| Exception to exclusionary rule. LE can search motor vehicle based on probable cause and do not require a warrant because vehicles can quickly leave jurisdiction of LE, such as fleeing to Mexico. |
|
|
Term
|
Definition
| Search conducted by LE without warrant OR suspicion and are only allowed if there is an overwhelming concern for public safety present(e.g. DRUG TESTING). |
|
|
Term
|
Definition
| Basis for suspicionless searches when public SAFETY is an issue, which can usually negate right to privacy. |
|
|
Term
|
Definition
| LE interviews that do not use actually physical abuse, but to simply PRESSURE suspects to give information. Ruled by Supreme Court not acceptable. |
|
|
Term
| Psychological manipulation |
|
Definition
| Using manipulative acts to exert a confession out of suspect. Based on subtle forms of intimidation and control. |
|
|
Term
|
Definition
| Search incident to arrest court case. Officer being allowed to search suspect after he/she has been arrest for officer safety reasons. "Immediate control" factor. |
|
|
Term
|
Definition
| Police killing of a suspect resisting arrest or posing a life-endangering threat or officer or community. |
|
|
Term
|
Definition
| Weapons designed to immobilize, capture or disable a suspect, but deaths can and do occur from this weapons. |
|
|
Term
| Purpose of separation of courts |
|
Definition
| Necessary for states to keep legislative authority separate from the federal level. Most cases are heard in appropriate courts. |
|
|
Term
|
Definition
| TERRITORY/AREA, subject matter or persons a court may exercise lawful authority, as determined by statue or constitution. |
|
|
Term
|
Definition
| Authority of A court to hear case from beginning and judge based on law and fact and is decided under which court according to geographical location or specific cases. |
|
|
Term
|
Definition
| Authority of a court to REVIEW a decision made by a lower court. |
|
|
Term
|
Definition
| When court allows for a NEW trial to be heard instead of a review. |
|
|
Term
|
Definition
| REVIEWS procedures to ensure defendant's rights were not violated, but do NOT try cases. Has the power to order a new trial, free defendant, or uphold original verdict/decision. |
|
|
Term
|
Definition
| Power of a court to review actions and decision made by OTHER agencies of government. |
|
|
Term
| First appearance/arraignment |
|
Definition
| When defend is brought in front of a judge and is give the formal charges against them, advised of rights, given opportunity to have a lawyer or given one, and POSSIBLE offer of bail. |
|
|
Term
|
Definition
| Document guaranteeing suspect appearance in court. I the suspect doesn't show then the money is given to the court. |
|
|
Term
|
Definition
| Document guaranteeing suspect appearance in court. I the suspect doesn't show then the money is given to the court. |
|
|
Term
|
Definition
| Most COMMON release tool used in court, Used ti ensure reappearance into court and prevents suspects who are not convicted from unnecessary imprisonment. |
|
|
Term
|
Definition
| Law enacted to keep defendant that are seen be a danger to the public or is likely to flee if they are released on bail prior to their trial. |
|
|
Term
|
Definition
| When grand jury decides probable cause is sufficient for an indictment. |
|
|
Term
|
Definition
| occurs when grand jury decide there is not enough probable cause for an indictment. |
|
|
Term
|
Definition
| Exception to exclusionary rule where illegally collected evidence is admissible in court if he/she believed at the time it was under the accordance of the law. |
|
|
Term
|
Definition
| 1 of 5 ways to search w/out warrant. Officer can take evidence that can be seen if the have a right to be there and believe it to be involved in criminal activity. |
|
|
Term
|
Definition
| 2 of 5 ways to search w/out warrant. EXIGENT circumstances allow an officer to search if there is immediate and imminent danger to life, evidence, or escape of suspect. |
|
|
Term
|
Definition
| 3 of 5 ways to search w/out warrant. Established in case Terry v. Ohio. Officer can stop and search suspect by giving a pat down on outer garments only to confirm no concealed weapons must have REASONABLE suspicion. |
|
|
Term
|
Definition
| 4 of 5 ways to search w/out warrant. If person allows officer to search them or their belongings. |
|
|
Term
|
Definition
| 5 of 5 ways to search w/out warrant. Officer can search someone once they have been arrested for officer safety purposes. |
|
|
Term
|
Definition
| Established in case Carroll v. United States that evidence seized by this means can be done without a warrant if: officer had probable cause crime occurred, search must be made to prevent loss of evidence since cars are mobile, officer had probable to stop the car. |
|
|
Term
|
Definition
| Searches conducted by LE without suspicion or a warrant allowed only when there is a prevailing concern for public safety- called COMPELLING INTEREST. |
|
|
Term
|
Definition
| Retribution- offender given just deserts, Incapacitation- detain offenders to protect innocent people, Deterrence- prevent FUTURE crimes through fear of punishment, Rehabilitation- attempt to reform offender and reduce number of offenses, Restoration- attempt to make victim "whole" again like they were before the incident. |
|
|
Term
|
Definition
| Goal is to reduce REPEAT offenses by SAME person. |
|
|
Term
|
Definition
| Makes EXAMPLE of someone to prevent those that haven't committed the crime from doing it. |
|
|
Term
|
Definition
| Case where man was arrested and confessed after 2hrs of interrogation and was later convicted. Conviction overturned because he was not aware of self-incrimination(right to remain silent) provide by 5th amendment and didn't know he also had a right to an attorney. |
|
|
Term
|
Definition
| An offender that is usually paid to provide information on others in order to escape criminal prosecution. |
|
|
Term
|
Definition
| Forms of this include direct questioning, stage line-ups, casting blame to others and accusatory statements. Purpose is to attempt to get info and/or a confession. |
|
|
Term
| Inevitable discovery exception |
|
Definition
| Illegally obtained evidence that would've been found by LE eventually legally whether or not suspect helped in the process or was not reminded of rights is allowed in court. |
|
|
Term
|
Definition
| When public safety is endangered which NEGATES the necessity for Miranda Warning. |
|
|
Term
|
Definition
| Reminding of suspect rights prior to interrogation. Only needs to be said when CUSTODY & INTERROGATION are present. |
|
|
Term
|
Definition
| Statements made without elicitation by LE PRIOR to being provided with Miranda Warnings. |
|
|
Term
|
Definition
| Abuse of police discretion where officer targets or is biased to certain people or elements. |
|
|
Term
|
Definition
| Modern model of criminal sentencing where offenders receive punishment they earned and are punished in accordance with the severity of their crime. |
|
|
Term
|
Definition
| Act of REVENGE on criminal offender. "An eye for an eye." |
|
|
Term
|
Definition
| Model of criminal punishment that encourage rehabilitation by giving unspecific sentences ranging from fines to prison time for same offense. Heavily relies on judges DISCRETION. |
|
|
Term
|
Definition
| Model of criminal punishment which states that an offender is given a FIXED term that may be reduced by good time or gain time. All offenders of a certain get the same sentence. |
|
|
Term
| Aggravating circumstances |
|
Definition
| Circumstances relating to HOW a crime was committed, and depending on the severity of that versus the actual crime, the sentence can be lengthened . |
|
|
Term
|
Definition
| Circumstances regarding HOW crime was committed, and can be considered in determining if the blame on defendant can be reduced indicating a lighter sentence. |
|
|
Term
| Collective incapacitation |
|
Definition
| Imprisonment of nearly ALL offenders and present in fixed sentence states that enforce the three strikes law. |
|
|
Term
|
Definition
| Seeks to detain only the MOST dangerous offenders including repeat offenders likely to commit more crimes in the future. |
|
|
Term
|
Definition
| Sentence requiring offender to serve of confinement in jail/prison FOLLOWED by a period of probation. |
|
|
Term
|
Definition
| Sentencing convict to prison and allowing for them to apply for probationary release then release them in a surprise fashion to let them see what it is like in prison first. |
|
|
Term
|
Definition
| Used on convicts spending a short sentence in prison that utilizes "boot-camp" type of prisons to impress and discipline them in an attempt to prevent them from making further crimes. |
|
|
Term
|
Definition
| Use of split sentencing, shock probation, shock incarceration, community service, etc. Alternatives to prison. |
|
|
Term
|
Definition
| Determining of guilt or innocence |
|
|
Term
|
Definition
| Questioning by someone other than direct examiner. Purpose is to test credibility and memory of witness. |
|
|
Term
|
Definition
| Right against unreasonable search and seizure. |
|
|
Term
|
Definition
| Rights against self-incrimination (right to remain silent), double jeopardy. |
|
|
Term
|
Definition
| Right to speed and public trial, right to counsel for defense, right to confront witnesses against him, and to know the charges placed against him. |
|
|
Term
|
Definition
|
|
Term
|
Definition
| Right against cruel and unusual punishment, right against excessive bail. |
|
|
Term
|
Definition
| Group that investigates police corruption starting with NYC in 1970s. |
|
|
Term
|
Definition
| Police officers that accept bribes and free items. |
|
|
Term
|
Definition
| Aggressive corruption that is premeditated. Officers actively seek to make profit through stealing. Can also be seen as framing someone. |
|
|
Term
|
Definition
| Appeals with little substance, no significant issues. |
|
|
Term
|
Definition
| Appeals made to contest verdict due to legal issues. |
|
|
Term
|
Definition
| Appeals that raise significant issues in verdict with professional disagreement. Highest probability of reversal. |
|
|
Term
|
Definition
| Most unreliable and most compelling piece of evidence in trial. |
|
|
Term
|
Definition
| defendant or the prosecutor can remove a juror without giving a reason. |
|
|
