Term
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Definition
| 1) Protect society from crime 2)Protect individual rights. 3) Solve the crime problem. 4) Prevent Crime 5) A guidance for human behavior. |
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Term
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Definition
| Ancient written code of contduct asserted the power of the State, protected the weaker from the stronger, and attempted to restore equity between the offender and the victim. |
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Term
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Definition
| A set of unwritten regulations and customs that acted as guidelines for settling disputes, determining the inheritance of property, and dealing with persons who committed crimes. |
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Term
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Definition
| Crime classification that subjects the violator to the most severe punishment either by death, imprisonment in a state prison, or imprisonment for more than a year. |
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Term
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Definition
| Crime Classification that subject the violator to a punishment that is usually not more than a year in jail. |
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Term
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Definition
| Crime classification that subjects the violator to a fine or probation, but in most states, no imprisonment |
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Term
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Definition
| A document which is the forerunner of the present "due process" rights because it granted the people of England certain political and civil rights |
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Term
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Definition
| In early England, an offender's or the offender's family's payment of a price of horses or money in order to bring about peace in the community. |
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Term
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Definition
| Amendment to the U.S. Constitution prohibiting double jeopardy and prohibits compelling a person in a criminal case to be a witness against him/herself. |
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Term
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Definition
| Amendment to the U.S. constitution prohibiting cruel and unusual punishment. |
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Term
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Definition
| U.S. Constitution right to a speedy and public trial by an impartial jury and the right to have the assistance of counsel. |
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Term
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Definition
| U.S. Constitution prohibits states from depriving any person of life, liberty, or property without due process of law and from denying any person the equal protection of the laws. |
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Term
| Some California Codes that are chaptered under final law |
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Definition
| Penal codes, Vehicle codes, Labor Codes, Civil Codes. |
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Term
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Definition
| The regulatory rules passed by agencies falling under the executive branch of government. |
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Term
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Definition
| The court interpretations of law contained in published, written opinions of appellate of supreme courts. |
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Term
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Definition
| Voters can act directly to change laws when they think the legislature and courts are not doing the right thing. |
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Term
| Courts of General Jurisdiction |
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Definition
| grants authority to hear and decide all issues that are brought before them and normally hear all major civil or criminal cases. |
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Term
| Courts of Limited jurisdiction |
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Definition
| Juvenile courts, Bankruptcy courts, and probate courts are examples of this courts. |
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Term
| Superior Court of California |
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Definition
| Trial courts in California |
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Term
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Definition
| Appellate courts in California that are divided into geographic areas |
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Term
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Definition
| Amount of justices who sit on California's Supreme Court |
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Term
| no, They have a choice to hear it or not |
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Definition
| Must the CA supreme court hear every case that is appealed to it? |
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Term
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Definition
| The Lowest level of the federal court system and have original jurisdiction over cases involving a violation of federal statutes. |
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Term
| 9th Circuit Court of Appeals in San Francisco |
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Definition
| Federal Circuit Court of Appeals that covers California |
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Term
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Definition
| Highest Court in the Land |
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Term
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Definition
| The power the court has to hear the case |
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Term
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Definition
| The location of where the court case will be heard |
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Term
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Definition
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Term
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Definition
| Rules used to enforce substantive law. |
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Term
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Definition
| U.S. Constitution protects against unreasonable searches and seizures and requires probable cause before warrants are issued |
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Term
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Definition
| illegally obtained evidence is inadmissible in court |
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Term
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Definition
| The police can prove that they would have found the evidence legally anyway, then they can use the evidence in court. |
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Term
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Definition
| The Exclusionary Rule applies to state action. |
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Term
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Definition
| established the Exclusionary Rule and applied it to federal action. |
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Term
| Persons, houses, papers, and effects |
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Definition
| Places under the protection from the constitution for unreasonable searches |
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Term
| Voluntary, Knowing, and Authorized |
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Definition
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Term
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Definition
| Authorizes seizure of evidence visible to a police officer who is lawfully in a position to see and touch the evidence. |
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Term
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Definition
| open field where a Search Warrant is needed before a search in on private property as long as the area is where common living area does not occur |
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Term
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Definition
| An Affidavit must be written and include probable cause, must be particular with description of items to be seized and people searched. Must be given to the Magistrate to be signed as soon as possible. |
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Term
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Definition
| The taking of a person into custody in the manner authorized by the law |
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Term
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Definition
| facts that would lead a reasonable person to believe that person to be arrested has committed a crime. An arresting officer must have this level of proof. |
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Term
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Definition
| A written order issued by the proper judicial officer upon a showing of probable cause directing the arrest of a particular person. |
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Term
| The most common form of arrest |
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Definition
| Not with an arrest warrant |
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Term
| Police entry of a private home with warrant? |
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Definition
| Yes police may enter without a warrant |
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Term
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Definition
| Case that developed the concept of the stop and frisk in 1968 |
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Term
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Definition
| The level of proof in order to make an investigative stop. |
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Term
| Reasonable amount of time |
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Definition
| Length of time allowed during an investigative stop. |
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Term
| Instances when a city police officer is allowed to make an arrest outside the officer's city limits |
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Definition
| 1)Warrant for arrest 2) Hot Pursuit 3) Mutual Aid Contract 4) Citizen's Arrest Powers |
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Term
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Definition
| Used by officers to effect an arrest,prevent escape, or to overcome resistance |
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Term
| Search a person incident to arrest |
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Definition
| Police need a warrant to search |
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Term
| Conduct a warrant-less search of a dresser next to a person |
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Definition
| As long as it is at the same time of arrest and at lunge distance. |
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Term
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Definition
| U.S. Supreme Court Case that requires police officers to advise suspects of their constitutional rights before custodial interrogation. |
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Term
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Definition
| 1)Diplomatic immunity, 2)Wanted for as a witness to case, but has warrant out for arrest. 3)Legislators. |
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Term
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Definition
| the process occurring after arrest which consists of recording the arrest in official law enforcement records and fingerprinting and photographing the accused. |
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Term
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Definition
| Amount of phone calls an arrested person has the right to. |
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Term
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Definition
| a written notice issued to a violator to appear in court. |
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Term
| victims in California are not allowed to press charges |
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Definition
| Are victims in California allowed to press charges and drop charges? |
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Term
| Circumstance when a prosecutor chooses not to file charges. |
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Definition
| 1) not enough evidence, 2) minor charge 3) against legislative intent 4) antiquated statute 5) grant immunity 6)not in victim's best interest 7) costs too much |
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Term
| Alternatives to charging an individual by a California prosecutor. |
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Definition
| 1) no charge 2) office hearing 3)refer case to other agencies 4) return to police for further investigation 5) refer to grand jury. |
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Term
| Done during Initial appearance |
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Definition
| 1) told charges 2) appoint attorney 3) determine probable cause 4) bail 5) inform defendant's rights. |
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Term
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Definition
| An arrested person must be taken before a magistrate without this. |
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Term
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Definition
| 1) accusatory pleading 2) Legal Document 3) Before initial appearance, defines charges. |
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Term
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Definition
| Money held by the court to make sure the defendant comes back to court. |
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Term
| right to post bail and be released before trial |
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Definition
| Right given to every arrested person |
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Term
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Definition
| 1) Money 2) Surety 3) Property 4) Bonds |
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Term
| Fee that a bail bondsman charges to post bail. |
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Definition
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Term
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Definition
| U.S. constitution prohibiting excessive bail. |
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Term
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Definition
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Term
| Bail money after defendant is released and doesn't return to court |
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Definition
| Money becomes state money (Forfeited bail) or Bail is revoked and defendant is detained. |
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Term
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Definition
| Releasing defendants after arrest merely upon their promise to appear in court. |
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Term
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Definition
| Civilians hired by bondsman to arrest defendants who skip out on bail. |
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Term
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Definition
| Step where the defendant has an opportunity to plea to his or her charges. |
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Term
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Definition
| An admission of every element of the offense charged, meaning no proof of the crime is needed to be presented. |
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Term
| Alford Plea or no contest |
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Definition
| Guilty plea accepted if accompanied by a claim of innocence. |
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Term
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Definition
| The plea that cannot be used in a civil matter. |
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Term
| Qualifications of serving on a Grand jury |
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Definition
| 1)Ordinary intelligence 2) U.S. Citizen 3) Speaks English 4) 18y.o.+ |
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Term
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Definition
| 1) Informs grand jury of the charge about which they will receive 2) Endorses the indictment, agreement to take defendant to trial 3) able to issue warrant for arrest from judge. 4) accusatory pleading. |
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Term
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Definition
| When an accused is charged with more than one felony and may be included in the same indictment. |
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Term
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Definition
| Determine whether a case against a defendant should proceed to trial |
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Term
| Grand Jury Votes for indictment |
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Definition
| doesn't have to be unanimous. |
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Term
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Definition
| no judge, no defendant, no defense attorney, only prosecutor, witness, & jury, held in secret, files an indictment, jury decides probable cause, group of people in the community. |
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Term
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Definition
| Judge, defense attorney, defendant, and prosecutor present. Judge decides probable cause. Judge files the "information". Open to the public. |
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Term
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Definition
| the official who investigates the cause of certain deaths that take place within the county. |
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Term
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Definition
| Hostile community, defendant not from community, prejudice, judges apply rights different depending on liberal or conservative counties, publicity or exposure, |
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Term
| Decision maker of venue change |
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Definition
| Judge makes the decision for venue change. |
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Term
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Definition
| provides that some prosecution action must be commenced against an accused within a certain limit of time after the crime is committed. |
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Term
| California's statute of limitations for death or life in prison offenses |
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Definition
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Term
| California's statute of limitations for rape |
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Definition
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Term
| California's statute of limitations for offenses punishable by 8 years + |
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Definition
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Term
| California's statute of limitations for death or life in prison offensesCalifornia's statute of limitations for offenses punishable by less than 8 years |
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Definition
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Term
| California's statute of limitations for misdemeanors and infractions |
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Definition
| 3 years for molesting children, 1 year for all others. |
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Term
| Amount of people in a trial jury |
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Definition
| 12 people usually, at least 6 or more people. |
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Term
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Definition
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Term
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Definition
| a trial where it is free for the public to view |
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Term
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Definition
| A court order limiting the amount of information about a case that may be given to the press. |
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Term
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Definition
| Determined that an unruly defendant can be put in contempt. |
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Term
| Witnesses duty based on 6th amendment |
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Definition
| Witnesses against the defendant must appear in court to present their facts. |
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Term
| Right to counsel in petty cases |
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Definition
| Defendant has the right, but is not appointed counsel. |
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Term
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Definition
| must be provided counsel for a preliminary hearing. |
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Term
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Definition
| Must be knowing and intelligently waived. choice of self representation may occur |
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Term
| Reasons a person may want to represent him or herself |
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Definition
| To present a human face to the defendant. For defendant to appear more human. No trust with lawyers. conspire against prosecution. Receive gratification. |
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Term
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Definition
| Request for the Judge to do something from defense or prosecution. |
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Term
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Definition
| An Attorney's right to inspect, review, and copy certain materials held by the prosecutor that are anticipated to be introduced as evidence during trial. |
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Term
|
Definition
| Created to benefit the defense to help ensure a fair trial. |
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Term
| penalties to failure to present discovery material |
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Definition
| Hold in contempt of court. More time to defense to research evidence. Evidence deemed inadmissible. Announcement to Jury. |
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Term
| Motion to Suppress Evidence |
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Definition
| Motion to declare evidence inadmissible due to the evidence being illegally obtained. |
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Term
| Motion to Dismiss charges |
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Definition
| asking the judge to dismiss all charges against the defendant. |
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Term
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Definition
| Asking Judge for more time or delay. Reasons: More time for witness, lab results, change attorney, sick, attorney has another trial scheduled, scheduling expert witness. |
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Term
| Dismiss charges by Prosecutor |
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Definition
| New evidence showing not guilty. Problems with witness. judge excludes evidence. destroyed evidence. In exchange for testimony against another. |
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Term
| Motion for severance of offenses |
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Definition
| to separate certain charges in a series of multiple charges to different trials. |
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Term
| Motion for severance of defendants |
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Definition
| to have a trial separate from the trial of any co-defendants. |
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Term
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Definition
| A hearing to determine competency if competency is in question. |
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Term
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Definition
| the accused's mental state at the time of trial. The ability to understand what happens in the courtroom and can assist in his/her own defense. |
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Term
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Definition
| Attorneys agree to stipulations and determines how many days each side anticipates taking to present its case. |
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Term
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Definition
| certain facts that are agreed upon by both attorneys meaning that they agree about those facts and they can tell them to the jury with no need to present testimony during trial to prove them. |
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Term
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Definition
| crimes such as 1st time drug offenses, domestic violence, child abuse & neglect, and juvenile can be processed to treatment, rehabilitation, or other correctional programs. |
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Term
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Definition
| Prosecutor agrees to dismiss a minor case after 6 month continuance if no further problems occur in that 6 month period. |
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Term
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Definition
| A justice system with two sides battling. Defendant vs. Prosecution or Plaintiff |
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Term
| Superior Court Judges Term |
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Definition
| Judges are elected to 6 year terms. |
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Term
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Definition
| 1) Maintain Order 2) Make sure rules are applied fairly 3) determines guilty or not guilty on a bench trial 4)issues a sentencing 5) issues warrants 6) decides probable cause 7) tells defendants their rights 8) tells charges 9)sets bail 10) appoints attorney 11) accepts plea 12) grants motions/deny motions 13) determines competency 14) determines what evidence is admissible. 15) ruling on objections. 16) Instruction to Jury 17) contempt of court powers |
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Term
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Definition
| Penalty in court that happens in front of the judge. 1) using profanity 2) defying judges orders 3) disruption 4) tardiness 5) witness refusing to be sworn 6)witness not answering the question 7) cellphone use 8) eating and chew gum. |
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Term
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Definition
| Penalty of court that happens outside of court away from judge. 1) violation of gag order 2) talking to jury member 3) jury talking to anyone about the case 4) Prosecutor not providing discovery 5) subpoena refusal 6) summons refusal |
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Term
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Definition
| An elected official whos duties are to file charges, plea bargain, request to issue indictment, decide which charge to try, decide charge levels, conduct office hearing, writes warrant request, determines if arrest is valid, gives advice for arrest, presents evidence for probable cause, recommend bail at initial appearance, show probable cause to continue trial, file or argue motions, sentencing recommendations and can issue a D.A.'s probation. |
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Term
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Definition
| Attorney for the defense who's duties are to protect the rights of the defendant, call witnesses, file motions that will help client, plea bargains, questions witness, recommend jury, recommend sentencing, argue that probable cause is not present, advise client to take plea bargain, advise about testifying and preparation for testifying, opening and closing statements, raise reasonable doubt, keep client conversations secret. |
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Term
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Definition
| Attorney who works for the county and provides defense to the indigent. |
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Term
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Definition
| Attorney in the community that offer their services to be a defender. |
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Term
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Definition
| Works for a law firm that has a contract with the county. |
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Term
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Definition
| A trial participant who maintains all records of a particular case |
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Term
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Definition
| Trail participant who assists the judge in maintaining order in the courtroom. |
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Term
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Definition
| Trail participant who records everything said during the trial proceedings. |
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Term
| Jury of comprising of one's peers |
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Definition
| The jury is made up of persons representing a cross section of the community in which the trial takes place. |
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Term
| Potential Juror list source |
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Definition
| Voter Registration, DMV, Phone Book, Property list. |
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Term
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Definition
| 18+y.o., U.S. Citizen, Speak and understand English, no felonies, resident of the county, average intelligence, have senses, move, and speak. |
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Term
| Disqualification of potential juror |
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Definition
| If a juror has felony, blindness, age too young, not citizen, etc. |
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Term
|
Definition
| Due to undue hardship and occupations that are important in the community. |
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Term
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Definition
| Reason for personally not being able to be a juror due to juror having a one person business, lack of financial stability, health issues, or a single parent. |
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Term
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Definition
| The examination of a jurors by both the prosecution and the defense to kick off jurors that they don't want on the trial. |
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Term
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Definition
| Bias which disqualifies a juror based on a relationship with the defendant (by blood, marriage, girlfriend/boyfriend) or as an employer or employee, landlord/tenant, or has heard a prior case for the defendant. |
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Term
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Definition
| Limited amount of challenges given to both defense and prosecution to kick off a juror for any reason. |
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Term
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Definition
| 2 are required in addition to the 12 jurors selected. There can be up to 6. Listens to the case like the rest of the jury, but cannot vote or join in deliberations. |
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Term
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Definition
| To keep separate from the outside world. |
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Term
| Beyond a reasonable doubt |
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Definition
| Level of proof need to find the defendant guilty. |
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Term
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Definition
| Excited utterances, Statement against penal interest, dying declaration, business records, past memory recorded, statements from doctors from patient seeking treatment, |
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Term
|
Definition
| Any out of court statement being used in court to prove the truth of the matter stated or the statement. |
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Term
|
Definition
| Eyewitness and victims are examples. |
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Term
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Definition
| an individual who has knowledge and skill in a particular field that is beyond the knowledge of the average person on the street. |
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Term
|
Definition
| A legal document that is used to notify a person officially that he or she is to appear in court. |
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Term
|
Definition
| Bring an object with the witness to court. |
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Term
|
Definition
| Ask Witness questions by the person who called the witness. |
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Term
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Definition
| Questions that indicates the desired answer. Cannot be asked during direct examination. |
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Term
|
Definition
| rephrase, hearsay, relevance, speculation, badgering, argumentative, non responsive |
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Term
|
Definition
| Judge acknowledges and accepts objection as valid. Witness doesn't answer question. |
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Term
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Definition
| Judge denies the objection and witness must answer the question. |
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Term
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Definition
| When the questions are asked by the attorney who didn't call up the witness. Questions can be leading. Purpose of impeaching the witness for being unreliable. |
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Term
| Motion to directed verdict |
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Definition
| Ask the judge to determine a verdict of aquittal |
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Term
| Mc'Naughten Test for Insanity |
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Definition
| Due to mental disease or defect, the defendant doesn't know what they are doing or don't know what they were doing was wrong. Insanity must be proven beyond a reasonable doubt. |
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Term
|
Definition
| War syndromes, battered women syndrome, post-traumatic stress syndrome. |
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Term
| Procedure after both side present their evidence. |
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Definition
| After both sides rest their case, there is a rebuttal case and then closing arguments. |
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Term
|
Definition
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|
Term
| People who may give instruction to jury |
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Definition
| Judge and attorneys on both sides. |
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Term
|
Definition
| Definition of crimes, juror rules, etc. |
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Term
|
Definition
| Leader of the discussion, reads verdict, signs verdict |
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Term
|
Definition
| No abiding conviction of the truth of the charge. |
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Term
|
Definition
| When there isn't an unanimous decision on a verdict. a mistrial |
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Term
|
Definition
| Ask each juror individually what they decide on the verdict. |
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Term
| Judges powers after verdict |
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Definition
| the Judge can modify the verdict by finding the defendant guilty of a lesser crime. |
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Term
|
Definition
| may not be made at any time during the trial. |
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Term
| Reasons for a judge to grant a defense motion asking for a new trial |
|
Definition
| juror misconduct or new evidence found outside of court. |
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|
Term
| Circumstances to declare a mistrial |
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Definition
| Misconduct that is so prejudicial that the defense would be denied a fair trial. |
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Term
| Grounds for defense to raise an appeal |
|
Definition
| unconstitutional, legality of procedures not followed, no jurisdiction. |
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Term
|
Definition
| submitted to the appellate court that sets forth the alleged errors committed during the trial. |
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Term
|
Definition
| each sentence for each crime charged run one after the other |
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Term
|
Definition
| when multiple sentences run at the same time. |
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|
Term
| Primary purpose of probation |
|
Definition
| Incapacitation and restoration |
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|
Term
| Conditions imposed on an offender sentenced to probation |
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Definition
| Sentenced under supervision, must have a job, can't leave jurisdiction, no weapons allowed, stay out of trouble, no drugs, no alcohol. |
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|
Term
| States with death penalty |
|
Definition
|
|
Term
| Aggravating circumstances |
|
Definition
| circumstances that make the defendant seem more guilty based on how the crime was committed. |
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Term
|
Definition
| circumstances that make the defendant seem less guilty based on how the crime was committed. |
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Term
| Pronouncement of judgement |
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Definition
| happens after the verdict returns as guilty. |
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Term
|
Definition
| When someone flees after committing a crime to another country and needs to be brought back. |
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Term
|
Definition
| Order of the court to produce the prisoner to prove lawfulness of detention. |
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Term
|
Definition
| submitted by the appellate courts to permit the review of a decision or judgement by a lower court. |
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Term
| Crime Victims Fund of 1984 |
|
Definition
| Federal money to state victim's compensation funds |
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Term
|
Definition
| Court ordered payment to victim from offender |
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|
Term
| Most common form of restitution |
|
Definition
|
|
Term
| Expenses paid by victim compensation |
|
Definition
| Medical, lost wages, mental therapy, funeral, lost family member. |
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Term
|
Definition
| victims express the impact of the crime to the judge during sentencing. |
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