Term
what is hearsay evidence
why is it not admissible in a trial |
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Definition
evidence not proceeding from the personal knowledge of the witness.
not admissible |
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Term
| what is testimonial evidence |
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Definition
| verbal evidence- (what a witness said) |
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Term
| what fact is true regarding the testimony of an accomplice |
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Definition
| may not be convicted upon testimony of an accomplice which is unsupported by corroborate evidence tending to connect the defendent with the commission of the offense |
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Term
| what is a huntley hearing |
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Definition
| a seperate hearing to find the admissibility of statements, confessions, or admissions. |
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Term
| what is the purpose of a preliminary hearing |
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Definition
| A proceeding in which must be decided whether a crime was committed, whether the crime occurred within the territorial jurisdiction of the court, and whether there is probable cause to believe that the defendant committed the crime. |
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Term
| what is the definition of Custody |
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Definition
| constructive seizure or restraint |
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Term
| relate the arrest powers of police officers and probable cause |
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Definition
| it is the level of proof necessary to arrest an individual or to support an application for a search warrant |
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Term
what is the sole purpose of an arrest warrant
what is required |
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Definition
| to achive a defendant's court appearance in a criminal action for the purpose of arraingnment upon the accusatory instrument |
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Term
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Definition
| court ruled that police may detain a person briefly in the street under resonable suspicion and do a pat down if he has reasonable fear he is dealing with an armed and dangerous individual |
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Term
| search warrents who can execute, what are the requirements |
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Definition
| police not civilians can execute, and may only be issued based on reasonable cause, supported by an affidavit supporting the application |
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Term
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Definition
| conditions requiring the preservation of secrecy, |
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Term
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Definition
| evidence must be lieing in the open, be apparent that it is evidence,and the officer had a legal right to be there |
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Term
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Definition
| a prompt one on one identification procedure |
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Term
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Definition
| level of proof that exists when an individual is suspected of criminal activity without actual proof, or upon slight evidence or information. |
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Term
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Definition
| the level of proof that exists when an individual is reasonable suspected of having committed, in the process of committing or is about to commit a crime |
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Term
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Definition
| set of facts or circumstances that would set a reasonable person to believe that a crime was committed and that person did in fact commit that crime |
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Term
| proponderance of the evidence |
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Definition
| the evidence suggests that there is a better than 50/50 probablity that a respondent is liable for a plaintiff's complaint |
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Term
| beyond a reasonable doubt |
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Definition
| the level of proof required in order to find an individual guilty of the offense for which he or she has been tried |
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