Criminal Justice Final
Terms
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- Jurisprudence
- the study of law and legal philosophy
- Where are laws created?
- legislatures (federal, state, and local), agencies, courts
- Rule of law
- all members of society are required to support the legal system, no one is above the law.
- criminal law
-
regulates public conduct in society.
-govt v. individual charged w/ commiting crime (ex state vs. Koby Briant)
-divided into felonies and midemeanors - felony
-
prison term more than 1 year (murder/robbery)
-more serious - misdemeanors
-
prison term less than 1 year (assault or minor theft)
less serious - Civil law
-
regulates relations b/w individuals or gropus of individuals
1. civil action (lawsuit) - can be brought against any person who feels wronged or injured by another
2. covers everyday situations - civil action
- lawsuit
- 1st amendment
- freedom of speech, press, assembly, religion, petition (spark)
- 2nd amendment
- right to keep adn bear arms in state militias
- fourth amendment
- right to be secure in person houses, papers and effects against unreasonable search and seizures, warrant are issued upon probable cause.
- 5th amendment
- protection of the criminally accused (due process) right to a grand jury, right not to bear witness against one's self, no double jeopardy
- 6th amendment
- rights of the criminally accused, speedy trial, impartial jury, in formed of crime charged at arraignment, assistance of counsel (attorney)
- 7th amendment
- right to a jury trial
- 8th amendment
- no accessive fines or cruel and unusual punishment. citizens have other rights not mentioned.
- 14th amendment
- no state shall deprive a citizen of life, liberty or property without due process of law can not deny any person the equal protection of the law.
- exclusionary rule
- evidence seized in an unlawful serach cannot be used in trial
- motion to suppress
- a pretrial motion by defense to exclude evidence on grouns of unreasonable search & seizuers
- search warrant
- a court oder which gives the police authority to search (specific)
- affidavit
- a sworn statement by police giving probably cause for search
- probably cause
- a set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a crime had been committed.
- Kats v. us
- search warrant necessary for phone taps
- situations when search warrant not required (9)
-
1. incident to lawful arrest (MOST COMMON)
2. stop & frisk -
3. consent
4. plainview
5. hot pursuit
6. vehicle searches (probable cause of illegal contraband)
7. border and airport searches
8. inventory searches (processing at corrections facilities - ptorect guards from accusations of theft)
9. exigent circumstances - no time for warrant "imminent distructions of evidence" - Terry V Ohio
- police can "stop and frisk" w/ out warrant if safety reason to believe person carrying weapon
- U.s. V santana
- exigent circumstances - no warrnt needed - no time for warrant - "imminent distruction of evidence (drugs)
- preponderance of evidence
-
- in a civil case
- teh standard of proof used
-evidence is more believable and important
-level of guilt needed against someone in a civil case - 51% sure - reasonalbe suspicion
-
-lower level of suspicion needed to conduct "stop & frisk"
- school searches based on "reason to believe" - crime
- an act or failure to act that violates a law for which a penalty (fine, prison or both) is set by teh state
- Miranda V arizona
- the court found that a person must be informed of his/her rights prior to questioning
- duress
- commit a crime under the fear of death/serious injury (does not apply to physical injury you do to another person)
- necessity
- life/death situation
- entrapment
- commit or admit to doing a crime under persuasion or coersement of a policeman.
- Mapp V ohio
- the court held that the 4th and 14th amendments protected persons from unwarranted federal and state intrustion of their property (obscene materials could not be used against her when found)
- forensic science
- the study and the practice of the application of science to the purpose of law
- trace evidence
- minute physical evidence that may be transferred from a criminal to a victim or crime scene (or vice versa)
- stereoscopic microscope
- forensice microscope w/ 3D image
- DNA
- most commonly used forensics (*known as serology)
- 1 drink
-
one 12 oz beer
one shot of 80 proof liquor
one 4-5 oz glass of wine - bac
-
blood alcohol concentration
-tests thru breath, urine, blood - implied consent law
-
states that in exchange for the privelage of driving, the driver agrees to submit to BAC test
-revocation of license 6 months if refuse chemical test - standardized field sobriety tests
-
-scientifically validated methos by which police officer can asses intoxication
*voluntary - zero tolerance
-
underange drinking & driving
-nys law says that if u r under 21 and are caught drinking & driving w/ a bAC of just .02 (1 drink)
1st offense - fine & 6 month suspension
2nd offence lose license until age 21 - arraignment
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1.appearnce of accused b4 a judge at which time charges are read
2. plea is entered by defendent (guilty, not guilty, nolo contendre)
3. judge may set bail - appeals court
- a court in which appeals from trial court decisions are heard
- attorney client privilege
- whatever you tell your attorney about your case is secret and confidential
- bar associations
- an organization of lawyers
- retainer
- a down payment by which a client hires an attorney to act in his or her behalf
- contingency fee
- the fee paid to an attorney based on a percentage of the sum awarded in a lawsuit
- plaintiff
- in a civil case, the injured party who brigns an action against the alleged wrong doer
- defendant
- the person against whom a claim is made. in a civil suit the defendant is the person being sued, in a criminal case the defendant is the person being charged w/ committing a crime.
- common law
- a system in which court decisions establish legal principles and rules of law
- voir dire
- questioning of prospective jurors
- challenge for cause
- based on bias or prejudice in which the juror woudl be unable to reach a fiar verdict (unlimited)
- peremptory challenge
- rejection by either attorney without having to give a reason, number is fixed at the start of questioning by judge (race, gender, age)
- district attorney
-
prosecuting attorney - in theory to seek justice, in practice - obtaining a conviction
elected every 4 years - defense attorney
- function of defense attorney is to represent the accused withing legal boundaries of the law, can be hired privately or state apointed.
- judge
-
sole authority of law in the courtroom, must always be impartial, makes sure proper decorum is observed
pass sentence on the accused after the jury renders its verdict - bailiff
- handles various clerical duties - recording and numbering evidence, handling of bail and bonds, swearing in witnesses, escorting jury to and from deliberations
- court stenographer
- records eery word that is said at teh trial
- white collar crime
-
violations of the criminal law commited by a person of respectability and high scoail status
ex. insider trading - blue collar crime
- violations of teh criminal law commited by a person of working class
- assault
- an attack on another w/ intent to frighten and inflict possible injury (simple - little or no physical harm/ aggravated - seroius injury on victim and or the use of a deadly weapon)
- battery
- attempting or thretening to carry out a physical attack on a person
- sodomy
- when sexual intercourse is performed in a deviate manner
- robbery
- is forcible stealing of property while in teh victims presence
- larcenty
-
taking or carryign away of personal property belongin to another w/ the intent of depriving the owner of that property
petit (1000 or less - misdemeanor)
grande (1000+ - felony) - fraud
- acquiring property thru deception (ex telephone scams)
- burglary
- breaking and entering a dwelling of antoher, w/ the intent to commit a larceny/felony inside.
- arson
- intentional burnign of a structure to cause loss and damages
- vandalism
- willfull destruction of, or damage to, the property of another
- embezzlement
- unlawful taking of property by someone to whome it was entrusted (skimming off the top_
- forgery
- unlawful duplications of documents
- rape (statutory, 1 , 2 3,)
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sexual intercourse w/ an underage person whether or not there is consent (under 17 years old)
Rape in 3rd - male over 21 w/ femalge under 17
rape in 2nd - male over 18 w/ female under 14
rape in 1st - infers use of force or female under 11 - irrelevant
- the witness's answer, the attorney's orgiinal question, or teh exhibit will not help the trier of fact to decide the issues in the case
- leading
- yes or no ? in direct exam
- hearsay
- a statement made outside of teh courtroom..usually when witness is asked to tell what antoher person said to him or her.
- speculation
- counsel is asking the witness to speculate in order to asnwer question. witness is gusesing at answer
- argumentative
- badgering or arguin w/ witness
- fighting words
- not protected nder 1st amendment, ex N word
- reasonable doubt
- needed in crim case..95% cetain
- malice
- complete disregard for someones safety
- indictment
- a grand jurys formal charge or accusation of a criminal action
- self defense
- the right to defend oneself w/ whtever force is reasonably necessary against an actual or reasonably perceived threat of personal harm
- self incrimination
- giving evidence adn answering qusetions that woudl tent to subject one to criminal prosecution
- liability
- lega responsibility, the obligation to do or not do smoethign. the defendant in a torts case incurs liability for failing to use reasonable care, resulting in harm to the plaintiff.
- negligence
- the failuer to exercise a reasonable amount of care ni either doign or not doing something, resulting in harm or injury
- nolo contendre
- "no contest" a defendant's plea to criminal charges that does not admit guilt, but also does not contest the charges. It is equavalent to a guilty plea, but it cannot be used as evidence in a later civil trial for damages based on the same facts.
- intent
- determination to achieve a particular end by a particular means.
- preliminary hearing
- pertrial proceeding at which teh prosecutor must prove that a crime was commited and establish teh probable guilt of teh defendant. if the evidence presented does not show probable guilt, the judge may dismiss the case.
- pretrial motion
- a document by which a party asks the udge to make a decision b4 the trial begins.
- uttering
- offering to someone as genuine a document known to be a fake.