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Amendments 2-8 Study Guide

Terms in this set (30)

Common Law
Law that is based on custom and common usage and on decisions judges have made in the past
Compulsory Process
The court can order anyone to come to court and testify or give evidence in a case
Consent
Give permission for
Contraband
Illegal goods such as guns or drugs
Double Jeopardy
A person cannot be tried for a crime, found not guilty, and tried again for the same crime
Due Process
A person's rights to a fair legal procedure when he/she is accused of a crime
Eavesdropping Warrant
Legal signed permission to wiretap or place another type of listening device in a private area or use a videotape
Exclusionary Rule
Disallows evidence seized when Fourth Amendment rights have been violated
Exigent Circumstances
Knowledge of dangerous or unlawful activity in a private building that would necessitate an official entering to stop the activity
Grand Jury
A body of citizens that formally looks at evidence in the hands of a prosecutor and decides if there is enough evidence to start or continue formal proceedings against a person accused of a crime
Good Faith
Officers acting on a warrant they think is proper because it was signed by a judge
Hot Pursuit
Officer chasing a suspect, usually right after the commission of a crime
Indictment
A list of charges drawn when a grand jury votes to begin or to continue formal criminal proceedings against a person accused of a crime
Plain View
Out in the open
Public Trial
Trials must be open to the news media and the general public unless special circumstances warrant a closed trial
Reasonable Suspicion
Officer has enough information for assuming a person is doing something wrong
Right to Confrontation
This gives the defendant or his/her attorney the right to question and cross-examine any witness who testifies against him/her
Right to Counsel
Anyone charged with a crime has a right to be represented by an attorney
Search Pursuant to a Lawful Arrest
Officer follows proper arrest procedure based on facts leading to a strong/reasonable belief of suspect's guilt
Speedy Trial
Does not guarantee that a trial must be held within a certain time limit; only requires factors be examined to see if the defendant's rights were violated by an unnecessary delay
Suppression of Evidence
Conceal or prevent the use of evidence at a trial
Stop and Frisk
Stop, question and search
"Taking the Fifth"
A person cannot be forced to testify against himself/herself and thus prover his/her own guilt
Trial by an Impartial Jury
A person is entitled to a jury trial for any charge more serious than petty
What are the FIVE exceptions to the warrant requirement?
1) Consent
2) Search pursuant to a lawful arrest
3) Exigent circumstances accompanied by probable cause
4) Hot pursuit
5) Stop and frisk
What are the FOUR Miranda Rights?
1) You have the right to remain silent
2) Anything you say may be used against you in the court of law
3) You have the right to an attorney
4) If you cannot afford an attorney, one will be appointed to you free of charge
What is the difference between bail and excessive bail?
Bail - an amount of money, set by a judge, that a defendant must pay in order to be released from jail while awaiting trial

Excessive Bail - an amount set so high that a defendant cannot possibly pay it
What are the standards for determining whether a punishment is cruel or unusual?
Punishment must not:
1) Involve unnecessary or wanton (malicious) infliction of pain
2) Be out of proportion to the crime committed
What is your opinion of the death penalty? What are your reasons for your view?
Opinion Question :)
In Miranda v. Arizona (1966), you learned that confessions given by suspects are not admissible in a court of law if proper police procedure is not followed. Do you agree with the Supreme Court's ruling? How important do you believe a unified/nationwide police procedure should be when questioning suspects who might have committed a violent crime?
Opinion Question :)
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