Upgrade to remove ads
Criminal Procedure Exam One Study Guide
Terms in this set (51)
Cases can be presented in ___ systems for the ___ conduct
The Federal Court system includes: (3)
1. The US Supreme Court
2. The US Court of Appeals
3. The US District Courts
The State Court System of Georgia Includes: (7)
1. The (Ga) Supreme Court
2. The (Ga) Court of Appeals
3. The Superior Court
4. The State Court
5. Juvenile Court
6. Magistrate Court
7. Municipal Court
A ___ is an order by the ___ court which is used when the court has discretion on whether or not to hear an appeal
Writ of Certiotari; appellate
For the US Supreme Court to hear an appeal, the ___ __ ___ applies, meaning four justices must vote to hear the case
Rule of Four
The Federal Court system has ___ circuits among the 50 states, with the ___ __ ___ and ___ ___ ___ handling complex cases
13; District of Columbia; one special court
Stare Decisis means to...
Abide by/adhere to decided cases
Judicial Precedent means that...
Courts value precedent in future cases with similar facts
Stare Decisis is the ___; Judicial Precedent is the ___
Dual sovereignty means that...
The federal and state courts can handle the same cases in either system
Dual sovereignty is NOT ___ ___
Double Jeopardy means that...
You cannot be tried for the same conduct if you are found not guilty
Jurisdiction is the...
Power to try a case
Where the case is tried
Ex: if a crime occurs in () county, a () County Court has jurisdiction to try the case and decide if the trial will occur in () County
The rights we enjoy are enumerated in the ___ __ __ __ and the ___ __ __
Constitution of the US; Constitution of (Ga)
State Constitutions can be ___ restrictive or provide ___ protection, but it cannot be ___ restrictive or provide ___ protection than the US Constitution
More; more; less; less
Statutory law is passed by ___ bodies
Case law is the...
Judicial precedent followed in cases of appeal
Marbury vs. Madison established...
The principle of Judicial Review by the US Supreme Court
Rule of Law means that ..., and...
Everyone is subject to the laws; we do not have a dictatorship where those in power are exempt
___, ___, ___, and ___ are the four approaches to applying the 14th amendment and the US Constitutional Rights to the state
Selective Incorporation = only the 4th, 5th, 6th, 8th amendments are the most important and must be applicable to the states (most used)
Total Incorporation = every right that is in the Const. is applicable to the states
Total Incorporation Plus = all rights plus anything (I) believe should be applicable, Justice Douglas believed even if it wasn't in the Const., if it is good it should be applicable (ex: clean water, clean air)
Case-By-Case Incorporation = bad because it is based on who makes the decision, "this case is applicable, this one is not" (least used)
Selective Incorporation, or
only those rights in the Constitution that are considered fundamental apply to the States
, is the process used most often by __ __ ___ ___
The US Supreme Court
Plea Bargain is a process which...
Efficiently moves cases through the court system by rewarding those who have no criminal history and admit their conduct and express remorse
Voire Dire is...
The process of selecting a jury
Opening Statements = ___ ; Closing Statements = ___
Outline the facts of a case; Allow the lawyers to argue the facts and the law together to get a jury to side with them
A motion for directed verdict of acquittal requests the Judge to...
Find a defendant not guilty before the jury has a chance to decide because the state has not met it's burden of proof
Beyond a reasonable doubt is...
The standard for convicting someone of a crime
A felony is a crime for which one can receive...
A year in jail up to the death penalty
A misdemeanor is a crime for which the punishment is...
12 months or less
To speak the truth
Probable cause is legally defined as... (long)
The facts and circumstances within the officer's knowledge and of which they had reasonably trustworthy information to warrant a man of reasonable caution in belief that an offence has been committed
A man of reasonable caution is the average man on the street who under the same circumstances would believe that the person arrested had committed the crime alleged
AKA: is it more probable or not that a crime was committed, and was it more probable or not that the person charged is the one who committed the crime?
The 4th amendment to the constitution protects against...
Unreasonable searches or seizure of persons, places, and things
The law prefers a ___, ___, or ___, based on probable cause over a warrantless search or seizure
Warrant; arrest; search
Probable cause is determined by a ... It is based on the facts presented at the time
Neutral and detached magistrate
Ex: a judge who has no interest in the outcome of the case or issue decides if the probable cause warrants arrest
Evidence received must be ___ and must ... before probable cause is established
Trustworthy; be proven to be so
The three ways probable cause can be established:
Through an officer's own knowledge
Through information received by a reliable informant
Through information corroborated by another officer
Hearsay evidence (is/is not) admissible to establish probable cause
Totality of the circumstances means...
Looking at all the facts and circumstances present to the officer in establishing probable cause
Reasonable suspicion is a lesser standard of proof than ___ ___
The exclusionary rule is a ___-___ rule, it was not contained in the constitution
The exclusionary rule was meant to...
Deter police misconduct in seizing evidence illegally
If evidence is found to have been seized illegally, then it is...
Excluded from the trial of the case
Mapp vs. Ohio is the Supreme Court case which...
Made the exclusionary rule applicable to the states through selective incorporation of the 14th amendment
Standing means that someone's rights have been violated ___ and they have the right to ___ __ ___ evidence seized illegally
Directly; move to exclude
Primary evidence (can/cannot) be excluded, AKA evidence directly seized from the individual
Fruit of the Poisonous tree means that evidence that is discovered during an illegal search (can/cannot) be excluded
Exceptions to the exclusionary rule:
Officer acting in good faith
Where an officer is acting in good faith in seizing evidence, the evidence (can/cannot) be admissible over the objection of the defendant -->The court that is hearing the evidence makes the ruing concerning the evidence
The Exclusionary rule does not apply to:
Knock and Talk
Private Person Searches
Grand jury investigations
Plain view doctrine
Doctrine of Incorporation = requires the states to abide by whats in the BoR and apply those rights to their own state constitutions and laws
Rule of Law's 5 Rights
Right to due process
Right to transparency
Right to predictability
Right to stability
Right to enforceability/accessibility
You might also like...
Criminal Justice Unit 3
Criminal Procedure: Adjudication
Other sets by this creator
Whole Foods Preparation
Criminal Procedure Exam 2 Notes
Criminal Procedure Exam 2
Intro To Mass (Exam Two) Chap. Six