crj 131 final exam study guide

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
A system in which power is divided between the national and state governments
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
Police. 1 million local, 90% uniform
3 styles of policing
Watchman, community relations, and legalistic
Watchman style
formal, handled formall, not very strict
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
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