What is the definition of:

Judgment (disposition) of a case?

Decides what happends to the defendant and the government

What is the definition of:

Constitutional Question

Court's action that depends what happens to the defendant and to the government

What is the definition of:

Quantum of Proof

What is the definition of:

Briefing a Case

Transparency

This amendment has to do with 

self-incrimination.

5^th Amendment

What is the definition of:

Exclusionary Rule

Requires court to throw

out "good" evidence if the

government got it

by "bad" methods.

What is the definition of:

Graduated Objective

Basis Requirement

The greater the limit,

the more facts required

to back it up. 

What is the definition of:

Objective Basis Requirement

Requirement that the government has to back up

with facts every official triggered restraint on

the rights of individuals to come and go as they

please and be let alone by the government.

What is the definition of:

Discretionary Decision Making

Informal decision making by professionals

based on their training and experience,

and unwritten rules. 

5th Amendment

The right to grand jury indictment

in federal cases is granted

in the ___ Amendment.

5^th Amendment

The right to be free from

unreasonable searches is granted

in the ___ Amendment.

4^th Amendment

The right to be free from

unreasonable seizures is granted

by the ___ Amendment.

4^th Amendment

The right to probable cause to back

up searches and seizures is part of 

the ___ Amendment.

4^th Amendment

Pearce v. Pearce, 1846, is related

to the balance of _____ and _____.

Ends and means.

Who said, and in what year, "The accused have all the advantages" ?

US Courts of Appeals

Judge Learned Hand

1922

Joseph Goldstein

1960

Based on _____ v. _____, 

the Exclusionary Rule applied to state searches and seizures.

Mapp v. Ohio, 1961

Wolf v. Colordo, 1949

A body of unchanging moral

principles regarded as a

basis for all human conduct. 

Due process is a command to the states to provide two basics of a fair trial: 

notice & hearing.

In this 1936 case, a man was whipped until

he confessed to a crime. This is known as

a "coerced confession." What case was this?

Are coerced confessions admissible in court?

Brown v. Mississippi, 1936

No

This case rejected the idea that due process was

short-hand for the application of the specific

provisions in the Bill of Rights of state criminal proceedings. 

Rights similar to those in the US Constitution and Bill of Rights

The power to make rules to

manage how lower federal

courts conduct their business. 

Courts have the final word on

what the Constitution means

(how it is interpreted).

Article VI of the Constitution

is the _____ Clause. 

Supremacy Clause

The Supremacy Clause is a 

part of Article _____ of

the Constitution. 

Article VI

The rights against cruel and

unusual punishment are provided

for in the ______ Amendment. 

The rights against excessive

bail and fines are included

in the _____ Amendment.

The right of the accused

to defense counsel is in

the _____ Amendment.

The right to be informed of

the charges against the accused

is included in the _____ Amendment.

6^th Amendment

The right to an impartial jury is

granted by the ___ Amendment.

6^th Amendment

The right to a public trial is

listed in the ___ Amendment. 

6^th Amendment

The right to a speedy trial is granted

in the ___ Amendment.

The right against self-incrimination

is in the ___ Amendment.

Model Code of

Pre-Arraignment Procedure

A model of criminal procedure laws

for law enforcement and courts. 

Rules that the government has to follow to

detect and investigate crimes, apprehend suspects, prosecute and convict defendants, and punish criminals. 

The idea that constitutions adopted by

the whole people are a higher form of law

than ordinary laws passed by legislatures. 

Four of the nine Supreme Court Justices have

to vote to review a case before the court will

hear an appeal by issuing a writ of certiorari.

An order to the court that decided the

case to send up the record of it's proceedings

to the US Supreme Court for review. 

A discretionary order of

the Supreme Court to review

a lower courts decision. 

An action that asks those who

holds defendants to justify

their detention. 

Collateral Attack

A proceeding to review the constitutionality of detention

or imprisonment. 

Consists of decisinos made according to the law of

criminal procedure- namely, the rules spelled out in

the Constitution, judicial opinions, laws, and other

written sources and cases. 

Defendant's motion to throw out

evidence obtained by law enforcement officers during a search, seizure, interrogation, etc. 

The appellate court sent the

case back to the lower court

for further action. 

The appellate court set aside,

or nullified, the lower courts judgment. 

Majority Opinion

Concurring Opinion

Plurality Opinion

Dissenting Opinion

Equal Protection

Due Process

Community Security

Individual Autonomy