Trial Processes and Legal Standards

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Questions and Answers

What is one of the main focuses of the 1033 program?

  • Transfer of military uniforms to law enforcement
  • Handling surplus military property for law enforcement (correct)
  • Prohibiting all military property transfers
  • Providing military training to police officers

What principle suggests that police officers have a responsibility toward ethical behavior and accountability?

  • Noble Cause Corruption
  • Routine Activities Theory
  • Peelian Principles (correct)
  • Criminal Law

Which theory indicates that societal labels can influence individual behavior?

  • Classical Theory
  • Strain Theory
  • Routine Activities Theory
  • Labeling Theory (correct)

Which type of crime involves entering a property with the intent to commit theft?

<p>Burglary (A)</p> Signup and view all the answers

Which theory relates to the conditions under which a motivated offender might commit a crime?

<p>Routine Activities Theory (B)</p> Signup and view all the answers

What is the practice called when police officers fail to report a colleague's misconduct?

<p>Code of Silence (B)</p> Signup and view all the answers

Which of the following describes bribery?

<p>Giving something in exchange for a favor (C)</p> Signup and view all the answers

What aspect of police officer education has been shown to lead to fewer instances of force used?

<p>Collegiate education (B)</p> Signup and view all the answers

What is the primary function of the booking process after an arrest?

<p>To gather personal data such as fingerprints and photos (B)</p> Signup and view all the answers

Which of the following courts are considered entry-level courts?

<p>District Courts (B)</p> Signup and view all the answers

What is the significance of the Arizona V. Gant ruling?

<p>It restricts vehicle searches without probable cause post-arrest. (C)</p> Signup and view all the answers

What is the burden of proof in a criminal trial compared to a civil trial?

<p>Greater than in a civil trial. (A)</p> Signup and view all the answers

What does the term 'reasonable doubt' refer to in legal proceedings?

<p>The level of certainty needed for acquitting a defendant. (D)</p> Signup and view all the answers

Which amendment protects individuals from unreasonable searches and seizures by the government?

<p>4th Amendment (D)</p> Signup and view all the answers

In the trial process, what are plea options available to a defendant?

<p>Guilty, Not Guilty, and Nolo Contendre (D)</p> Signup and view all the answers

Which statement correctly describes how federal judges obtain their positions?

<p>Appointed by the President for lifetime terms. (B)</p> Signup and view all the answers

What is required for a probable cause exemption to search a vehicle?

<p>There must be probable cause and the vehicle must be capable of ready movement. (D)</p> Signup and view all the answers

What does consent in a search context allow law enforcement to do?

<p>Consent can be conditional, limiting the scope of the search. (A)</p> Signup and view all the answers

What must happen for a search incident to arrest to be valid?

<p>The search must occur within the wingspan of the arrested individual. (D)</p> Signup and view all the answers

Under what condition can the government act on exigent circumstances?

<p>To prevent the destruction of evidence. (C)</p> Signup and view all the answers

What is the distinction between parole and probation?

<p>Parole is an early release from prison under supervision, while probation is a sentence before prison. (D)</p> Signup and view all the answers

What does the exclusionary rule state?

<p>Evidence gained without consent or a warrant can be excluded from trial. (A)</p> Signup and view all the answers

What are the required warnings provided under the Miranda warning?

<p>Right to remain silent and that any statement can be used in court. (C)</p> Signup and view all the answers

What does the Good Faith Exception allow in legal terms?

<p>Officers who act with good intent despite a technical error can still submit evidence. (C)</p> Signup and view all the answers

Flashcards

Arraignment

The initial stage of a criminal case where the defendant is formally charged and informed of their rights.

Preliminary Hearing

A formal hearing where the prosecution presents evidence to persuade a judge to send the case to trial.

Grand Jury

A group of citizens who determine if there is enough evidence to formally charge a suspect with a crime.

Supreme Court

The highest court in the United States, responsible for final appeals.

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Beyond a Reasonable Doubt

The legal standard used in criminal trials, requiring the prosecution to prove the defendant's guilt beyond any reasonable doubt.

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Preponderance of Evidence

The legal standard used in civil trials, requiring the plaintiff to prove their case is more likely true than not.

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Probable Cause

A reasonable basis for believing that a crime has been committed or that evidence of a crime is present.

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Terry Frisk

A brief search for weapons conducted by law enforcement officers during a lawful stop, based on a reasonable suspicion that the person is armed and dangerous.

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Code of Silence

The practice of police officers refusing to report misconduct or crimes committed by their fellow officers, particularly regarding police brutality.

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Labeling Theory

A theory suggesting that society's labeling of individuals or groups can influence their behavior, potentially leading them to engage in the labeled behavior.

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Strain Theory

A theory that proposes that the more difficult or strained someone's life is, the higher the likelihood they'll commit crimes.

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Probable Cause Exemption for Vehicles

A legal exception allowing law enforcement to search a vehicle without a warrant if they have probable cause to believe that evidence of a crime or contraband is present within the vehicle and the vehicle is capable of being easily moved.

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Burglary

The unlawful entry into a structure with the intent to commit theft or other felonies.

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Search Incident to Arrest

The legal right of law enforcement to search a person and their immediate surroundings following a lawful arrest.

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Routine Activities Theory

A theory that explains criminal activity based on the presence of three elements: a suitable target, a motivated offender, and the absence of a guardian.

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Consent Search

A legal exception allowing law enforcement to search a person or property without a warrant if consent is given by the individual.

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Exigent Circumstances

A legal exception allowing law enforcement to search without a warrant if there is an urgent need to prevent the destruction of evidence or to protect someone from imminent harm.

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Robbery

The unlawful taking of another person's property through the use of force or threats.

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Homicide

The killing of one human being by another.

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Parole

Early release from prison with conditions. Individuals on parole may be subject to searches without a warrant.

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Probation

A court-ordered sentence that requires individuals to follow certain rules and conditions while remaining in the community. Individuals on probation may be subject to searches without a warrant.

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Classical Criminology

The principle that individuals make choices based on a cost-benefit analysis, meaning they weigh the potential rewards of an action against the potential costs or consequences.

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Exclusionary Rule

A legal rule that prohibits evidence obtained illegally from being used in court.

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Study Notes

Trial Processes

  • Booking process: Includes fingerprints, search, DNA, photos, and data collection after arrest.
  • Arraignment: Initial court appearance where charges are formally presented.
  • Preliminary hearing: Determines if there's enough evidence for a trial.
  • Grand jury: Decides if there's enough evidence to indict the accused.
  • Plea options: Guilty, Not Guilty, Nolo contendere.
  • Appeals process: Final appeal is in the Supreme Court.
  • Middle appellate courts: Court of Appeals.
  • Federal judges: Appointed by President, lifetime tenure.
  • Arizona v. Gant: Police cannot search a car after arrest unless there's reason to believe evidence could be in the car.
  • Terry v. Ohio: Pat down for weapons allowed if reasonable suspicion of danger.
  • Mapp v. Ohio: Illegally seized evidence cannot be used in a state trial.
  • Thresholds: Showing tangible harm has occurred.
  • Burden of proof: Prosecutor has much greater burden in criminal trials.
  • Probable cause: Reasonable belief a crime has been committed or evidence exists.
  • Preponderance of evidence: Evidence more likely than not to be true.
  • Reasonable doubt: Insufficient evidence to convict.
  • Fourth Amendment: Protects against unreasonable searches and seizures.

Search and Seizure (SPICE)

  • Search warrant: Requires probable cause to believe evidence exists in a specific place.
  • Probable cause exception for vehicles: Probable cause that a vehicle contains evidence. Vehicle must be readily mobile.
  • Incident to arrest: Search of immediate surroundings of an arrested person.

Procedural Protections

  • Miranda rights: Right to remain silent, attorney, and that statements can be used against them.
  • Fifth Amendment: Protection against self-incrimination.
  • Sixth Amendment: Right to a speedy and public trial by an impartial jury.
  • Exclusionary Rule: Illegally obtained evidence is inadmissible in court.
  • Fruits of the poisonous tree: Evidence obtained from illegally obtained evidence is inadmissible.
  • Good faith exception: Exception to exclusionary rule, officer acted in good faith believing a search was legal.
  • Parole: Early release from prison with conditions.
  • Probation: Sentence in place of incarceration with conditions.
  • Pat down (Terry frisk): Limited search for weapons if reasonable suspicion of danger.
  • Criminal/Civil law: Differences in types of legal cases
  • Crime theories: Labeling theory, Strain theory, Routine activities theory
  • Homicide: Killing of one human by another
  • Burglary: Entering a structure with intent to commit a crime.
  • Robbery: Taking property from a person by force or threat.
  • Classicalism(CesareBeccaria)/ Positivism(Lombroso): differing theories of criminal behavior.

Policing and Criminology

  • Police training and education: Importance of college education for police officers.
  • Criminology: Study of crime and criminal behavior.
  • Code of silence: Norm among police to not report misconduct.
  • Police corruption: misconduct, bribery and gratuities
  • Autonomy: Self-governance and decision-making independence of police.
  • Police accountability, scrutiny, and training: Importance of scrutiny and training for police.

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