Study Guide for Criminal Justice Midterm Exam

50 terms by Katieemariexoxo

Create a new folder

Advertisement Upgrade to remove ads

Main purpose of government according to the natural rights philosophy.

Protect individual rights

Current trend in the treatment of juvenile offenders

Most important that juveniles be held accountable and community safety be protected

In the TLO v New Jersey case, what is necessary in order for a principal to conduct a lawful search of a student?

Reasonable Suspicion

What does it mean- life, liberty, and property are unalienable?

Cannot be taken away

Where is the right to privacy protected the most?

Home

What idea is due process of law based on?

Government officials must obey the law

A case on appeal reaches the supreme court via a writ of _____?

Certiorari

If a juvenile is arrested for underage possession of alcohol, he is also a ___ offender.

Status

Most likely motivating factors for a person to commit a crime in an area where violence is accepted?

A norm, poverty, expected behavior

True statement about gangs:

Some young people join gangs to feel a sense of belonging

In the crutches case in class, because the use of the crutches was considered a deadly weapon used to attack the victim and the continual beating indicated intent, the charges would be ____?

First degree assault

Criminal sentencing serves what purposes?

Retribution, Detterence, rehabilitation

What does the 5th amendment provide a defendant?

The right to remain silent.

The main reason there is no exact definition of the due process guarantees is that?

The courts continually define the guarantees case by case

The sixth amendment provides the defendant with

Attorney and speedy trial

Clarence Gideon had his case heard before the supreme court because he filed as a ___

Pauper

What is the difference between criminal assault and criminal battery?

In assault there is threat of a physical attack

The bill of rights were designed to protect against the power of the ___ government

Federal government only

Government must make laws that are fair

Substantive due process

Where in the constitution is the right to privacy inferred?

1st, 4th, and 9th amendments

The due process procedures required in a specific situation depend on?

The seriousness of the harm that might be done to the citizen

Which of the following is NOT a result of the supreme court decision in Griswold v. Connecticut?

A womans right concerning reproduction rights is absolute

According to Maryland v. Hicks, a trial must take place within 180 days. What may happen if the trial has not taken place after 180 days?

The defendant may be released

What does our legal system protect?

Basic human rights

Law is defined as?

Rules and regulations made and enforced by government to regulate people's conduct.

What term describes the fact that government cannot unfairly or unreasonably treat people differently?

Equal protection of the law

One of the fundamental civic principles of our nation?

Rule of law

what was Jefferson's variation on Locke's life, liberty and property?

Pursuit of happiness

The government must treat you fairly if you are accused of a crime is known as the ___ ___ of law.

Due process

Government official must obey the law is based on the idea of?

Due process of law

When can illegally obtained evidence be used?

When officers can prove the evidence would surely have been found through legal means

An argument in favor of the ___ rule-encourages police to protect defendants constitutional rights

Exclusionary

Which case applied the exclusionary rule against the states?

Mapp v. Ohio

Reasonable belief that a person has commited a crime

Probable cause

In the fifth amendment it says "...No person shall be held to answer for a capital [offense].." Which of the following is the best substitute for capital?

Punishable by death

In the fifth amendment it says ". . . nor be deprived of life, liberty, or property without due process of law;" Which of the following is the best substitute for due process of law?

Lawful procedures

Laws used in accusing and convicting persons of crimes must be fair

Substantive due process

The laws must be carried out in a fair and orderly manner

Procedural due process

In the sixth amendment it says..."the accused shall enjoy the right to a speedy and public trial, by an impartial jury..." which of the following is the best substitute for impartial?

Fair

In the sixth amendment it says "...[the accused is] to have compulsory process for obtaining witnesses in his favor. best substitute for compulsory process?

A court order requiring attendance

Who brings the charges against the defendant?

Prosecutor

Established the constitutional right to an abortion under the right to privacy

Roe v. Wade

This set a precedent that only allowed counsel in capital crimes and/or under special circumstances such illiteracy

Betts v. Brady

Requires an attorney be provided for the accused no matter what the offense if the defendant

Gideon V. Wainwright

Trial system in the united states

Adversary

Legal advice or representation (attorney)

Counsel

Police officer has probable cause to believe travelers have contraband in their truck.

Vehicle search

Enter a house after the person opens the door and does not stop the officer from entering their home

Consent

Police are in a persons home questioning them about a recent robbery and see a sawed-off shot gun in their gun rack hanging on the wall. They seize the gun and arrest the owner

Plain sight

Police observe a person who nervously continues to walk back and forth in front of a residence. Police become suspicious and pat him down because they suspect he is carrying a weapon.

Stop and frisk

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set