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Study Guide for Criminal Justice Midterm Exam

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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