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Criminal Procedure: Criminal Justice Professional
This set is over the first Chapter's out of my criminal procedure book, Criminal Procedure for the criminal justice professional
Terms in this set (40)
Laws enacted by a legislative body
the law that is set forth by judges in published judicial decisions
Rules and regulations promulgated by a governmental agency that is empowered through statutory law to make such rules
It declares that the Constitution is the "supreme law of the land" as the highest form of law in the nation
the exercise by courts of their responsibility to determine whether acts of the other two branches are illegal and void because those acts violate the constitution
An approach to the interpretation of the Fourteenth Amendment's Due Process Clause positing that fundamental rights - those implicit in the concept ordered liberty- apply to the states as well as to the federal government.
Freedom of Speech, Freedom of Peaceable Assembly, Freedom of the Press, Free Exercise of Religion, Freedom from Governmental establishment of Religion
Right to Bear Arms
Unreasonable Search and Seizure, Warrant Requirement, Exclusionary Rule
Double Jeopardy, Self-Incrimination, Taking of Private Property
Right to Counsel (Capital, Felony, Misdemeanors), Confrontation of Adverse Witnesses, Compulsory Process to Obtain Witness Testimony, Notice of Accusation, Public Trial, Speedy Trial, Trial by Impartial Jury in "Non-Petty" Criminal Case
* Cruel and Unusual Punishment
* Excessive Fines
the privileges and freedoms that are accorded al Americans by virtue of their citizenship.
A petition for a writ of habeas corpus asks a federal court to examine an alleged illegal detention and order authorities to release an illegally confined petitioner.
* HC can be suspended only when the president, with congressional authorization, declares that a national emergency requires its suspension
Bill of Attainder
a special act of a legislature declaring that a person or group of persons has committed a crime and imposing punishment without a court trial.
Ex pact facto law
literally a law passed "after the fact"
The only crime that is defined by the Constitution
* No person shell by convicted of treason unless on the testimony of two witnesses to the same over act, or on confession in open court
conduct that expresses an idea or opinion
false, public statement of fact (not opinion) that injuries or damages a person's reputation, Libel (written form), Slander (spoken form)
highly inflammatory remarks that are directed to inciting and are likely to incite imminent lawless action
A written order or writ issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some act incident to the administration of justice
* Needs probable cause
Double jeopardy does not arise when a single act violates both federal and state laws and the defendant is exposed to prosecution in both federal and state courts
Collateral Estoppel Doctrine
prevents the prosecution from using the compelled testimony and any evidence derived from it in a subsequent prosecution
due process of law
is violated if a practice or rule "offends some principle of justice so rooted in teh traditions and conscience of our people as to be ranked as fundamental"
Procedural due process
substantive due process
equal protection of law
the notion that similarity situated people should be treated in a similar manner
The power of the government to acquire private property
the money or property pledged to the court or actually deposited for the release from custody of an arrested or imprisoned person as a guarantee of that person 's appearance in court at a specified date and time.
the punishment should "fit the crime"
standard of review
the level of scrutiny to be applied to judicial review of the law in question
is the most exacting level of judiicial review/ whether a law is narrowly tailored to archieve a compelling government interest.
Race, religion, and national origin
are those rights that are "implicit in the concept of ordered liberty",
whether the governmental classifications at issue in a case are substantially related to achieving an important governmental interest
intermediate level of judicial scrutiny is used only when a law makes a distinction using what the Supreme Court/ Gender and illegitimacy
rational basis test
deferential standard of review asks if the governemental classification at issue is rationally related to a legitimate governmental interest/ equal protection
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