Criminal Justice Final Study PDF

Parts of a Trial: booking process: process after you are arrested. (fingerprints, search you, DNA, photo, data) arraignment preliminary hearing grand jury the last and final appeal is in the Supreme Court Plea options: Guilty, Not Guilty, and Nolo contendre...

Parts of a Trial: booking process: process after you are arrested. (fingerprints, search you, DNA, photo, data) arraignment preliminary hearing grand jury the last and final appeal is in the Supreme Court Plea options: Guilty, Not Guilty, and Nolo contendre The most common way to enter is through arrest. also can be indicted The middle appellate courts are called the Court of Appeals Entry-level courts: district courts Federal Judges get their job by being appointed by the President. Their jobs last their whole life State and a federal system: Dual Court System Arizona V. Gant: the police can't search a car after an arrest unless they have a valid reason to think that the arrested person could reach into the car or there could be evidence in the car the police can't search a car after an arrest unless they have a valid reason to think that the arrested person could reach into the car or there could be evidence in the car Terry V. Ohio: Pat down, Terry Frisk. Only looking for weapons when doing this, with no evidence. The only meaning of this is to make sure the cop is safe when talking to the suspect Mapp V. Ohio: the U.S. Supreme Court ruled that under the 4th and 14th Constitutional amendments, illegally seized evidence could not be used in a state criminal trial Thresholds: showing that a tangible harm has occurred Burden of Proof: The standard of proof in a criminal trial gives the prosecutor a much greater burden than the plaintiff in a civil trial Probable Cause: a reasonable basis for believing that a crime may have been committed (for an arrest) or that evidence of a crime is present in the place to be searched search). The preponderance of Evidence: the party bearing the burden of proof must convince the judge or jury that their version of events is more likely to be accurate than not. Reasonable Doubt: insufficient evidence that prevents a judge or jury from convicting a defendant of a crime 4th amendment: protects people from unreasonable searches and seizures by the government. SPICE. (the rules for search and seizure) S. - search warrent P. - probable cause exemption for vehicles (there must be probable cause to believe that evidence of a crime or contraband is located in the vehicle to be searched; and the vehicle must be “readily mobile.” The vehicle need not be moving, but must be capable of ready movement) I. - incident to arrest (if someone is arrested, whatever is in their immediate surroundings (wingspan) can be searched)  C. - consent (if this is given, there is no need for any other ways. it could be conditional, ex: person says you cant look in a specific place or location. Also, allowed to revoke consent at any point) E. - exigent circumstance (the governemnt can stop evidence from being destroyed. It is just for the emergency not the evidence, they can stop it from being destroyed but cannot gather the evidence) PPP Parole - getting out of prison early but still haveing to follow some rules. Prison without the bars. Can get searched whenver the government wants. Granted after the individual has served time in prison. Probation - a sentence in itself. Sets certain rules you have to follow. Could still be searched at anytime. A form of supervision granted instead of incarceration. Pat Down. - also known as a terry frisk. Terry v. Ohio says that police officers have the authority to stop people if they have reasonable suspicion the person has comitted a crime or is about to commit a crime. The frisk does not constitute as an arrest, and a person may be frisked for a weapon if an officer reasonable suspects the person is carrying one. Exclusionary rule: if evidence is gained without consent or a warrent it can be thrown out The Fruits of the Poinsious Tree: any evidence found after using unlawfully obtained evidence is therefore poisoned and gets thrown out. The Good Faith Exception: when a cop does everything correct and with truthful intent but there is a glitch in a computer system or told something wrong by another officer and ends up doing wrong 5th amendment: Miranda warning, when Miranda is required = (incriminating questions and custody) Rights warned in Marinda: right to remain silent, an attorney, everything you say can and will be used against you, you can stop at any time 6th amendment: defendants shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed. 1033 program: handles excess military property for use by law enforcement agencies, but prohibits transfer of military uniforms, body armor, Kevlar helmets and the other items discussed above. Robert Peele: Peelian principles. Police of the Public, Public of the Police Criminal Law and Civil Law. Civil law will handle cases like contract disputes Police Accountability and Police Scrutiny Hiring Process: medical tests, physical tests, mental tests. After this is a field training  Studies have shown that college-educated police officers have more benefits than non-college-educated police officers—for example, they use less force and have a chance to go higher in their field. Criminology: the study of crime and criminal behavior, informed by principles of sociology and other non-legal fields, including psychology, economics, statistics, and anthropology. MO: how people commit their crimes Code of Silence: police officers in the United States not to report on a colleague's errors, misconduct, or crimes, especially as related to police brutality in the United States. Corruption: Slippery Slope, Noble Cause - bribery: giving something and asking for something in return - Gratuity: giving out free things but not explicitly asking for something Autonomy: the right or condition of self-government. Police officers have a lot of autonomy. Crime Theories Labeling theory: indicates that society's assigning of labels to individuals or certain groups can have an effect on their behavior. Strain Theory: the harder one's life is, the more likely they are to commit crimes. Routine Activities Theory: Suitable target, motivated offender, lack of a guardian - Get rid of one, and the risk of crime goes down Homicide: the killing of one human by another Burglary: the act of entering a structure (residential, commercial, or any other type of property) with the intent to commit grand larceny, petit larceny, or any other felony. Robbery: a crime use threats or force to take someone else's property against that person's will Crime Against person and property crime: Crimes Against Persons, e.g., murder, rape, and assault, are those in which the victims are always individuals. The object of Crimes Against Property, e.g., robbery, bribery, and burglary, is to obtain money, property, or some other benefit. Benthem and Cesare Beccaria: crime is a cost benefit analysis, Classicalists. Carare Lombros: Adavist. Its not ones fault what they did, they were born to be a criminal. (Father of Modern Criminaloogy) Lex Talinos: eye for an eye. Comes form the code of Hamarebe Civil Law: Plantiff and Defendant exposure: how much incarceration felonies, misdemenors will get you Indictment: at the grand jury when they list all of the things the defendant could go to trial for Arraignment: give the defendant the oppurtunity to know what they are being charged for