crju202 exam 1
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86 terms
Terms | Definitions |
|---|---|
 ccm primary goal | control or reduce crime |
| ccm thinks that the primary cause of crime is | lack of responsibility and self control |
| ccm focus on | needs of society |
| ccm's solution to crime | severe, swift, and certain punishment |
| ccm's ranking | 1. law enforcement 2. corrections 3. courts |
| probable cause | substantial and trustworthy information that will lead a reasonable person to believe a crime has been committed |
| 5th amendment says nation can't deny | due process |
| 14th amendment says state can't deny | due process |
| dpm's primary goal | protect the rights of individuals, and follow the rules |
| dpm's ranking | 1. courts 2. corrections 3. law enforcement |
| dpm's biggest regret | when someone is wrongly convicted |
| ccm's biggest regret | being called too lenient |
| dpm's cause of crime | social environment |
| dual court system | refers to separate state and federal courts |
| concurrent powers | shared powers |
| jurisdiction | the power to say what the law is, or to decide a case; court must have jurisdiction over a case in order for that court to hear that case |
| article 3 | Judicial power (power to act as a court) is given to the US Supreme Court and any other courts that Congress may establish |
| article 1 | Congress has the power to create inferior courts |
| If court has general jurisdiction, must be an | article 3 |
| is a court is article 3 it must be | elected by President, approved by Senate with majority vote, serve a life term |
| if court is Article 1 | Congress decides who will appoint and what the term will be |
| writ of certiorari | an order issued by the court to a lower court telling the lower court to send the record of the case up to the higher court |
| Thurgood Marshall | the first African American appointed, appointed by Lyndon Johnson, replaced by Clarence Thomas |
| Sandra Day O'Connor | first woman appointed, appointed by Reagan |
| John Jay | first US justice |
| John Marshall | fourth chief justice, had biggest impact |
| diversity jurisdiction | citizen of one state v. citizen of other state could be heard in federal court |
| judicial federalism | power of SSC to interpret the state const. as providing for more rights that exists in the US Const. |
| automobile exception | if a police officer pulls over a car and has probable cause, the officer can search the car without a warrant |
| inventory search | checking the car for inventory at impound |
| automobile exception | plain view |
| writ of habeus corpus | prisoner saying that he/she is being held illegally |
| interlockatory appeal | appellate courts can render a decision which indicates whether or not the case can go on, ruling of if the evidence is inadmissible |
| Article III says | power shall be vested in Supreme Court |
| Marbury v. Madison | signed, sealed, no delivery, writ of mandamus involved to get commission delivered |
| writ of mandamus | telling a govt. official to do something or not do something |
| power of judicial review | the power of the court to declare invalid any legislative or executive act that conflicts with the US Constitution |
| according to Newbauer and Fradella, John Marshall created | judicial review |
| which branch is the weakest? | judicial |
| political question doctrine | a question that has been reserved to one of the two political branches (Congress or President) |
| Miranda v. AZ | Miranda warnings prior to custodial interrogation |
| Gideon v. Wainwright | courts held that state had to provide counsel to poor defendants |
| Mapp v. OH | exclusionary rule |
| exclusionary rule | illegally obtained evidence must be rendered inadmissible at trial, can't be used at trial |
| Terry v. OH | frisk case |
| CA v. Hodari D | case about when arrest occurred and if evidence was illegally obtained |
| stop | limited detention of a person, to investigate, not as much deprivation of freedom |
| do you need probable cause for a stop? | no |
| Michigan state police dept. v. Sitz | are sobriety checkpoints constitutional? |
| are sobriety checkpoints constitutional? | yes because it's for getting ridding the road of drunk drivers |
| what's required for a stop? | reasonable suspicion |
| what's required at a sobriety check? | no individual suspicion |
| exception to arrest warrant rule | exigent circumstances |
| exigent circumstances rule | when officer is on hot pursuit and doesn't need a warrant |
| requirements for an arrest warrant | - probable cause to arrest - specific in regard to the crime and person - issued by Magistrate |
| requirements for a search warrant | - probable cause to search - specific in terms of items and place - issued by Magistrate |
| immediately after arrest, certain assumptions have to be made such as: | safety of officer, etc. |
| automobile exception to search warrant | if there's probable cause, they can look where the item could be hidden |
| requirement for waiver of a right | has to be knowing, voluntary and intelligent |
| Judiciary Act of 1789 | gave SC original jurisdiction over writs of mandamus |
| Court of Appeals Act of 1891 | created the US Courts of Appeals |
| Judges Bill of 1925 | gave SC jurisdiction over some cases, otherwise a writ of certiorari is required |
| writ of error | when a judge is demanded to review the records |
| rule of four | 4 out of 9 justices have to approve hearing the case in order for the writ of certiorari to be granted, 5 to establish precedent |
| case or controversy requirement | federal courts do not have to hear cases that don't have a controversy |
| Warren Era (Earl Warren) | DPM perspective |
| Warren Era cases | - Mapp v. OH - Gideon v. Wainwright - Miranda v. AZ |
| Burger Era (Warren Burger) | CCM |
| Rehnquist Era (William Rehnquist) | CCM |
| Roberts Era (John Roberts) | CCM |
| formal arrest v. informal arrest | informal arrest is just deprivation of freedom without mentioning of an arrest |
| at initial appearance, | bail is set, informing of charges and Miranda rights, and Gerstein Hearing |
| Gerstein v. Pugh | initial appearance case; at some point there must be some determination of probable cause to arrest |
| County of Riverside v. McLaughlin | 48 hour rule |
| preliminary and grand jury hearing are similar in that | they make sure that the govt is justified in continuing the criminal procedure |
| preliminary hearing is a public proceeding and an adversarial hearing, meaning | both sides are present |
| who decides at a preliminary hearing? | the judge |
| grand jury hearing is closed, not open to | the public |
| grand jury hearing is ex parte, meaning | only one side is present |
| in a grand jury hearing, who decides? | the grand jury |
| formal charge issued after preliminary hearing | information |
| formal charge issued after grand jury hearing | indictment |
| exception to 5th self-incrimination | govt has to provide scope of immunity, and compel the individual to testify |
| what happens at arraignment? | issuance of formal charging document, further explanation of rights and charges, enter plea |
| Alford Plea | doesn't want to plead guilty, but had to |
| flea of nolo contendere | person is not going to challenge the charges, but is not pleading guilty |
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