crj 131 final exam study guide

49 terms by Amani_Alzubaidy 

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Sir robert peel

Introduced the Metropolitan Police Act 1829, -father of modern policing. American policing has its roots in english police. Father

4 types of criminal justice law enforcement levels

Federal, state, local, private services

Federal

A system in which power is divided between the national and state governments

State

A body of people living in a defined territory who have a government with the power to make and enforce law without the consent of any higher authority. 450 state

Local

Police. 1 million local, 90% uniform

3 styles of policing

Watchman, community relations, and legalistic

Watchman style

formal, handled formall, not very strict

Legalistic

Strict, follows the law, informal

Community relations

Police and community work together

Police discretion

They have choices, many choices, the fact that police can choose when and when not to give tickets and punishment based on their own judgement

Fruit of poisen tree doctrine involved search/seizure

can't use previous a legal search illegal can't be used in court legal reason to stop

Constitutional right

basic rights guaranteed by the bill of rights (written guarantee that government cannot abuse the rights of individuals. 4th 5th 6th amend

4th amendment

Freedom from unreasonable searches and seizures

5th amendment

Can't be tried twice for the same crime; Right to remain silent; Must be paid for property if taken for public use, Can refuse to testify against yourself, no double jeopardy, miranda rights, self incrimination

6th amendment

Criminal Proceedings; Must inform defendant of charge/s; Right to Attorney; Right to fair impartial jury

Exlusionary rule/ 2 cases

4th amendment clause which states that evidence obtained illegally cannot be used in a trial.
Us vs weeks
mapp vs ohio

Weeks vs. United States

1914 Case - Evidence seized from a private residence without a warrant is in violation of 4th amendment rights. - First attempts at exclusionary rule

Mapp vs. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court) 4th amendment

Chimel vs california

Case which allows officers to only search area of persons immediate control. No need for warrant.

Probable cause

Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion. Smelling alcohol

Reasonable suspicion

Applies only to a police officer doing a limited search of a person without a warrant. See the man stumbling out bar

U.s. vs. Harris

Plainview doctrine. Police officer legal place but sees illegal things

Terry vs ohio

Stop and Frisk - "articulate fear of weapon"

Miranda vs Arizona

Rights, 5th and 6th. 1966 Ernesto Miranda was arrested for kidnapping and sexual assault. Court ruled in his favor saying he should have been informed of what he was being charged with. 4th, 5th, and 6th amendments accused. Cant take info till handed out rights

Know that..

United States Supreme Court has nine justices are appointed for life
federal judges are appointed and state local judges are elected

Judicial review

court have power in charge of what everyone does, , Marbury v. Madison

Members makeup the courtroom "workgroup"

Those who are professional courtroom participants and know their roles. judge, prosecutor, defense counsel (retained, court appointed, public defender) and expert witness

Qualification for judge in most states

generally only requires a person have a large degree and been certified to practice law

Know that

prosecutors enjoy much discretion in their roles

Know that.

Most Defendants utilize the public defender to represent them in the court

Expert witness

have proof and information only witness that may express an opinion such as an autopsy forensic scientist entire trails DNA

lay witness

A witness who can truthfully and accurately testify on a fact in question without having specialized training or knowledge; an ordinary witness.

Defendants first appearance in court

Given formal notice of charges, granted right to an attorney and having an attorney appointed for them if needed advised of their rights and giving consideration for bail

Alternatives to bail

release on recognizance (release on written word with no money) property bind, deposit bail, conditional release, unsecured bond and signature bond.

Grand jury

used by the federal criminal system and many states but not in Michigan it is to decide if there isn't enough probable cause for a case against a defendant's to go to trial in the district or trial court it is made up of 23 citizens who listens to testimony in view of it in present to buy prosecuting attorney but does not decide guilt or innocence. grand jury meet in secretdefendant is not granted right to be present nor the right to have an attorney or present evidence of their behalf or give testimony

purpose of the defendants preliminary hearing

takes place before a judge who makes the determination as to whether there is enough probable cause to believe that the case should proceed to a full trial

Nolo contendre or no contest

considered by the court as a goatee please but there is not an admission of guilt this please is utilized by defendants who may also have a civil proceeding result from the criminal case, When a defendant neither admits or denies committing a crime but accepts punishment as if he was guilty.

Know that....

90 percent of court cases are plea bargained

also know that

our system of criminal justice is referred to as Adversarial regarding criminal trials

Peremptory challenge

shape Jerry that will benefit give client winning chance or remove threats not needed and no need to explain why

Voire dire

Questioning during jury selection process

Three types of challenges that can be made during jury selection process and know what you challenge means

challenge 2 or a mix up of jury not another diversity and challenge for cause obviously Prejudice reason why person should be dismissed and peremptory challenge is the shape of jury

Court is adversal in nature

true

3 types of evidence

direct evidence circumstantial evidence real or physical evidence

direct evidence

direct prove a point personal knowledge direct evidence like tape

circumstantial evidence

look at facts in make decision is true or false conclusion requires jury to come up with conclusion

Real or physical evidence

bloodstain DNA physical in nature more and important

hearsay involves

not based on personal knowledge of witness but on second hand person and need original source besides dying declaration

Alsso know that

are criminal justice system requires an unanimous decision regarding guilty or not guilty in a criminal trial

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