Study Guide Test 1
Study Guide Test 1 Criminal Justice 420
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This 4 page Study Guide was uploaded by Kenzie Satin on Sunday February 8, 2015. The Study Guide belongs to Criminal Justice 420 at Washington State University taught by Hemmens in Spring2015. Since its upload, it has received 209 views. For similar materials see Criminal Procedure in Criminal Justice at Washington State University.
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Date Created: 02/08/15
Criminal Justice 420Criminal Procedure Study Guide Test 1 Chapters 14 Key Concepts 1Bi of Rights first 10 amendments of the US Constitution 2 Case law law promegulated in cases decided by the courts 3 Common law law generally derived from ancient usages and customs or from judgements and decrees of courts recognizing affirming and enforcing them 4 Criminal Procedure process followed by the police and courts in the apprehension and punishment of criminals 5Double Jeopardy Being punished more than once for the same crime 6 Due process clause fundamental fairness acts as a safeguard from denial of life liberty or property outside the sanction of law 7 Equal protection clause part of the 14th amendment provides that no state shall deny to any person within its jurisdiction the equal protection of the laws 8 Establishment clause clause in the first amendment that prohibits establishment of religion by Congress 9 Dual sovereignty doctrine federal and state governments are both considered sovereign The doctrine permits prosecutions by multiple sovereigns under the Double Jeopardy Clause 10 Cruel and unusual punishment The idea that the punishment must fit the crime Punishment that is considered unacceptable due to pain suffering pain or humiliation is death penalty cruel and unusual 11 Appellate jurisdiction power of a court to review decisions and change outcomes of decisions of lower courts 12 Subject Matter jurisdiction Authority of a court to hear cases relating to a certain subject matter Ex bankruptcy only hears bankruptcy cases 13 Trial de novo record to determine facts but will rule on the evidence and matters of law without giving deference to the court s findings 14 Summons A writ directed to the sheriff or other officer requiring the officer to notify a person that they must appear in court and answer the complaint on a given day 15 Citation An order issued by a court or law enforcement officer requiring the person to appear in court at a specified date to answer certain charges 16 Booking making an entry in the police blotter or arrest book indicating the suspects name time of arrest and offense 17 Indictment A written accusation of a crime filed by the grand jury 18 information Criminal charge filed by the prosecutor without the intervention of a grand jury 19 Arraignment appearance of an accused in court where he or she is informed of the charges and asked to plead 20 True Bill written decision of grand jury that sufficient evidence has been heard from the prosecution and believe the accused commit the crime 21 No Bill Opposite of True Bill believe has not been proven 22 Discovery procedure used in a case to obtain information from the other party 23 Voir Dire process in which prospective jurors grounds for challenge 24 Direct examination Questioning of a witness by party that has called witness to give evidence in order to support case being made 25 Cross examination A witness called by the opposite side and being questioned 26 Motion for Acquital A motion filed by the defense seeking acquittal of the accused before the prosecution failed to introduce sufficient evidence to convict the defendant 27 Judicial review power of courts to declare law or acts unconstitutional 28 Habeus corpus Writ directed to a person detaining another commanding that person to produce the body of a person who is imprisoned or detained in court and explain why detention should be continued 29 Selective incorporation only those rights considered fundamental should be applied to the states 30 Total incorporation all the rights in the BOR should be held as applying to the states 31 Right to Privacy right to be left alone 32 Probable cause more than bare suspicion when knowing all the facts and information is sufficient in belief that an offense has been committed 33 Suspect classification any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination 34 14th amendment all US citizens are subject to jurisdiction no state shall make or enforce any law which will deprive any person of life liberty or property or deny and person within its jurisdiction of equal protection 35 En Banc hearing En banc one body Hearing appellate courts which have a larger number of judges and a large caseload often divide into divisions or panels for each case 36 Original jurisdiction Case if brought to the Court directly instead of an appeal 37 Writ of Certiorari Legal questions presented for review and arguments as to why the court should grant A decision to hear an appeal from a lower court 38 Rule of Four At least 4 justices must agree for the court to consider the case on its merits 39 ComplaintA charge made before a proper law enforcement or judicial officer alleging the commission of a criminal offense 40 Affidavit Written statement confirmed by oath or affirmation for use as evidence in court 41 Warranta document issued by a legal or government official authorizing the police or some other body to make an arrest search premises or carry out some other action relating to the administration of justice 42 Initial appearance 1st appearance in front of a judge when decided if one can have bail 43Preliminary hearing hearing held before a judge or magistrate within a reasonably short time after arrest 44 Grand Jury A jury that usually determines whether a person should be charged with an o ense 45 Nolo contendo plea of no contest The defendant neither admits or disputes a charge serving as an alternative to a pleading of guilty or not guilty 46 Standing Mute When a prisoner upon his arraignment refuses to put himself upon the country after pleading not guilty 47 Deposition process of giving sworn evidence 48Challenge for cause a challenge for the dismissal of a juror based on causes specified by law 49 Peremptory challenge law refers to a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason 50 Bifurcated trial trial has 2 stages guilt or innocence stage and punishment stage 51 Direct appeal Proceeding in which one convicted asks a higher court to overturn conviction of sentence based on alleged errors 52 lndirect appeal Opposite of direct appeal 53 Exclusionary rule states that evidence obtained by the government in violation of the 14th amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt 54 Good faith exception evidence obtained by the police is admissible even if there was an error or mistake as long as the error or mistake was not committed by the police or if committed by the police it was honest and reasonable 55 Motion for JNOV Judgement not withstanding the verdict When court finds failing burden of proof or fails to make appearance 56 Final judgement The final decision in court rulings on all issues and completes the case unless it is appealed to a higher court 57Harmless error the evidence erroneously admitted by the trial court did not contribute to the conviction and there is other evidence to support the verdict 58 Plain ErrorThe principle that an appeals court can reverse a judgment and order a new trial because of a serious mistake in the proceedings even though no objection was made at the time the mistake occurred 59 Inevitable discovery exception evidence is admissible if the police can prove that they would inevitable have discovered the evidence anyway by lawful means 60 Silver Platter doctrineState officials that obtained evidence illegally were allowed to turn over evidence to federal officials and have that evidence be admitted into trial Ruled unconstitutional in 1960Elkins V US 61 Reasonable Doubt standardEvidence that is beyond reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems 62 AttenuationTo reduce the force or severity to lessen a relationship or connection between two objects 63 Fruit of the poisonous tree doctrine Once the primary evidence is shown to have been unlawfully obtained any secondary evidence derived from it is also inadmissible 64 Purged Taint Doctrine evidence obtained is admissible if the defendant subsequent voluntary act dissipates the taint of the initial illegality 23 Individual Rights contained in the Bill of Rights and incorporation of BOR into the Due Process Clause of 14th amendment religion speech assembly petition bear armspropertyright to trial right to an attorney etc Concept of Judicial Review Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary A court with judicial review power may invalidate laws and decisions that are incompatible with a higher authority such as the terms of a written constitution Structure of Federal Court System and Typical State court system In the federal court system the Supreme Court has final appellate jurisdiction over all courts in the United States Notice that according to the Constitution Congress creates courts More power State Courts The Constitution and laws of each state establish the state courts A court of last resort often known as a supreme court is usually the highest court in a state Also handle more specific matters 9 Members of Current US Supreme Court Antonin Scalia Anthony M Kennedy Clarence Thomas Ruth Bader Gindburg Stephen G Breyer John Roberts Samuel Alito Sonia Sotomayor Elena Kagen Stages of Criminal Process Arrest Filing complaint First appearancearraignment preliminary hearing arraignment of Superior Court Pretrial conference Trial SentencingCollateral consequences Appeals and Writs Parole Expungement conviction may be removed from record History amp Exceptions of Exclusionary Rule Weeks v United States170 Weeks had been convicted on the basis of evidence seized from his home in the course of two warrantless searches some of the evidence consisted of private papers like those sought to be compelled in the Boyd case Unanimously the Court held that the evidence should have been excluded by the trial court Exceptions Good faith exception if police obtained information Inevitable Discovery Admissible if evidence would have been discovered anyway Attenuation Doctrineln cases where the relationship between the evidence challenged and the unlawful search or seizure is too remote and attenuated the evidence may be purged and be admissible Qualified immunity the exclusionary rule is often defendants only remedy when police officers conduct an unreasonable search or violate their Miranda rights
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