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UA - CJ 100 - CJ 100 Exam 2 Study Guide - Study Guide

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UA - CJ 100 - CJ 100 Exam 2 Study Guide - Study Guide

School: University of Alabama - Tuscaloosa
Department: OTHER
Course: Intro To Criminal Justice
Professor: Jimmy Williams
Term: Spring 2017
Tags:
Name: CJ 100 Exam 2 Study Guide
Description: Exam 2 Study Guide
Uploaded: 03/25/2017
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background image Exam 2 Study Guide Module 4: Key Terms: •  Civil forfeiture- the confiscation of property by the state because it was used in or acquired through a crime. In recent years the police have used civil forfeiture to seize property that they believed was purchased with drug profits •  Misdemeanor- offenses less serious than felonies and usually punishable by incarceration of no more than one-year probation or intermediate sanctions •  Felony- serious crimes usually carrying a penalty of incarceration for more than one year or the death penalty •  Substantive criminal law- law defining acts that are subject to punishment and specifying the punishments of such offenses •  Procedural criminal law- law defining the procedures that criminal justice officials must follow in enforcement adjudication and corrections •  Fourth amendment- the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated •  Motion to suppress- a formal, written request to a judge for an order that certain evidence be excluded from consideration by the judge or jury at trial •  Public defender- an attorney employed on a full time salary basis by the government to represent indigents •  Assigned counsel- an attorney in private practice assigned by a court to represent an indigent. The attorneys fee is paid by the government with jurisdiction over the case •  Contract counsel- an attorney in private practice who contracts with the government to represent all indigent defendants in a county during a set period of time and for a
specific dollar amount
•  Fifth amendment- an amendment to the U.S. Constitution that contains a number of provisions relating to criminal law, including guarantees of due process and of the right to refuse to answer questions in order to avoid incriminating oneself •  Sixth amendment- a section of the Bill of Rights that guarantees a citizen a speedy trial, a fair jury, an attorney if the accused person wants one, and the chance to confront the witnesses who is accusing the defendant of a crime •  Eighth amendment- a section of the Bill of Rights that states that that punishments must be fair, cannot be cruel, and that fines that are extraordinarily large cannot be set •  Selective incorporation- a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights •  Probable cause- reliable information indicating that evidence will likely be found in a specific location or that a specific person is likely to be guilty of a crime •  Arrest- seize someone by legal authority and take into custody
•  Appeal- a request to a higher court that it review actions taken in a completed in a
lower court case
background image •  Writ of habeas corpus- “produce the body”; a court order t o a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order and to show a valid reason for that person’s detention •  Petition- a written application from a person to some governing body or public official asking that some authority be exercised to grant relief, favors, or privileges •  Reasonable suspicion- a police officer’s belief based on articulable facts that criminal activity is taking place so that intruding on an individual’s reasonable expectation of privacy is necessary •  Bill of rights- the first ten amendments to the U.S. Constitution, ratified in 1791 and guaranteeing such rights as the freedoms of speech, assembly, and worship •  Stop- government official’s interference with an individual’s freedom of movement for a duration that typically lasts for a limited number of minutes and only rarely exceeds an hour •  Exclusionary rule- the principle that illegally obtained evidence must be excluded from trial •  Plain view doctrine- officers may examine and use as evidence without a warrant contraband or evidence that is in open view at a location where they are legally permitted to be •  Good faith exception- when police act in honest reliance on a warrant the evidence seized is admissible even if the warrant is later to be proved defective •  Inevitability of discovery- improperly obtained evidence can be used when it would later have inevitably been discovered without improper actions by the police Questions: 1.  What are the sources of the criminal law? -  Common law, statutes, case decisions. 2.  What are the differences between criminal law and civil law? -  Civil law deals with damages people have done to society. Criminal law is concerned with the punishment of those who commit crimes. 3.  What is procedural criminal law? -  Law defining the procedures that criminal justice officials must follow in enforcement adjudication and corrections. 4.  Who is responsible for developing and formulating procedural criminal law? -  Legislatures, the U.S. Supreme Court, and state supreme courts. 5.  Who is responsible for developing and formulating substantive criminal law? -  Elected officials in Congress, state legislature, and city councils. 6.  What is a felony? -  Serious crimes usually carrying a penalty of incarceration for more than one year or the death penalty. 7.  What is a misdemeanor? -  Offenses less serious than felonies and usually punishable by incarceration of no more than one-year probation or intermediate sanctions. 8.  The Bill of Rights includes which amendments to the United States Constitution?
background image -  The first ten amendments. 9.  By which method did the United States Supreme Court apply the Bill of Rights to the states? -  Incorporation. 10. Which Chief Justice of the United States Supreme Court is credited with the due process revolution? -  Earl Warren, 1953. 11. What is probable cause? -  Reliable information indicating that evidence will likely be found in a specific location or that a specific person is likely to be guilty of a crime. 12. What is the difference between an arrest and a stop? -  An arrest is a significant deprivation of freedom because a person is taken into police custody, transported to the police station or jail, and processed through the system. A stop is a brief seizure like a traffic violation. Both are forms of a seizure. 13. As a result of an arrest, are the police constitutionally required to inform the arrestee of his or her rights? If so, what are those rights? -  Yes. Miranda rights. 14. As a result of a stop, are the police constitutionally required to inform the person of his or her rights? If so, what are those rights? -  No. 15. Can a defendant be forced to reveal that he or she committed a crime? Why or why not? -  No. The 5 th amendment protects against self-incrimination. 16. Can a defendant be tried in both state and federal court for the same criminal act? Explain your decision. -  Yes, the dual sovereignty doctrine is an exception to the Double Jeopardy Clause in the Constitution that allows a defendant of a federal offense to be tried and convicted in both a state and federal court. 17. Which amendment to the United States Constitution prohibits the police from conducting an unreasonable search and seizure? -  4 th amendment. 18. What is a search warrant? -  A legal document authorizing a police officer or other official to enter and search premises. 19. A search warrant is authorized by which criminal justice official? -  A judge. 20. Can the police conduct warrantless searches? If so, when? -  Yes, the Supreme Court has ruled that warrantless police conduct may comply with the fourth amendment so long as it is reasonable under the circumstances and there is probable cause. 21. If a person is arrested in his or her home, what type of search, if any, can the police conduct an of the home? -  A protective sweep.

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School: University of Alabama - Tuscaloosa
Department: OTHER
Course: Intro To Criminal Justice
Professor: Jimmy Williams
Term: Spring 2017
Tags:
Name: CJ 100 Exam 2 Study Guide
Description: Exam 2 Study Guide
Uploaded: 03/25/2017
10 Pages 83 Views 66 Unlocks
  • Better Grades Guarantee
  • 24/7 Homework help
  • Notes, Study Guides, Flashcards + More!
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