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Chapter 15
Criminal Procedure Before Trial
28
Law
12th Grade
09/23/2010

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Term
Due Process Clause
Definition
A clause in the Fifth and Fourteenth Amendments to the U.S. Constitution that protects people from state actions that would deprive them of basic rights.
Term
incorporation
Definition
When two ideas are incorporated, they become one concept.
Term
hearsay
Definition
An out-of-court statement offered in evidence to prove the truth of the matter asserted.
Term
probable cause
Definition
Probable cause exists when an officer has a reasonable basis for the belief that a person should be searched or arrested.
Term
warrant
Definition
A written order of a court allowing law enforcement officers to search a certain place, or search or arrest a certain person.
Term
felony
Definition
A serious crime includes murder, robbery, burglary, and arson; a crime designated as a felony is punishable by death or imprisonment for more than one year.
Term
exigent circumstances
Definition
An emergency that requires immediate action; such situations do not allow time for law enforcement officers to obtain a serach or arrest warrant.
Term
hot pursuit
Definition
In some instances, law enforcement officers may follow a suspect into an otherwise protected area, such as a residence; when officers are in hot pursuit, they may make warrantless arrests and searches.
Term
plain-view doctrine
Definition
Items are said to be in plain view if an officer has the legal right to be in sight of the evidence; such items are subject to warrantless seizure.
Term
exclusionary rule
Definition
A rule that excludes evidence acquired in violaion of constitutional protections.
Term
arrest
Definition
The physical seizure of a person by the government.
Term
interrogation
Definition
The process used by law enforcement officers to elicit information from a criminal suspect.
Term
confession
Definition
A voluntary statement made by a person charged with a crime, acknowledging that he or she is guilty of the charge.
Term
self-incrimination
Definition
The Fifth Amendment to the Constitution prohibits the government from making a person become a witness against himself or herself.
Term
arraignment
Definition
A hearing where the criminal defendant comes before the court to enter a plea; it is a hearing in open court where the information and/or indictment are read and the defendant is asked to plead.
Term
plea
Definition
The criminal defendant's response to the charge against him or her.
Term
investigation
Definition
The process of asking questions and locating evidence.
Term
booking
Definition
The process after arrest when the police have entered formal charges against a defendant.
Term
bail
Definition
An amount of money set by the court, payment of which is a condition of pretrial release from police custody.
Term
affidavit
Definition
A non-oral statement of facts that is confirmed by affirmation or oath of the person making the statement.
Term
magistrate
Definition
A judicial officer; federal magistrates are appointed by judges of federal district courts; magistrates have some of the powers of a judge.
Term
initial appearance
Definition
The first court appearance of a criminal defendant after the arrest.
Term
preliminary hearing
Definition
A defendan's second appearance before the court; the purpose is to establish that probable cause exists.
Term
grand jury
Definition
A jury that is called upon to receive and review accusations and complaints in criminal matters; this jury will hear evidence and issue indictments.
Term
information
Definition
An accusation made by a prosecutor against a criminal defendant that does not involve a grand jury.
Term
indictment
Definition
A written accusation given by a grand jury to the court in which it is impaneled; a criminal charge against a defendant that must be proved at trial.
Term
nolo contendere
Definition
A criminal plea that means "I will not contest it." This plea means that the defendant does not deny or admit the charge.
Term
bill of particulars
Definition
A device used to provide a defendant with a statement of the facts enumerating the specific acts charges.
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