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criminal procedure exam 1
study guide 1
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Criminal Justice
Undergraduate 3
02/08/2015

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Term
political inquiry process
Definition
involves posing a question (hypothesis), collecting data, analyzing the data, and drawing conclusions about whether the data support the hypothesis.
Term
plagiarism
Definition
the intentional or unintentional use of someone else's ideas, phrasing, terminology, or words without providing an acknowledgment in the form of a footnote, endnote, parenthetical reference, or direct comment in the text.
Term
paraphrase
Definition
using someone else's words from a text and rewriting them by substituting synonyms.
Term
critical thinking
Definition
classify and clarify information, examine assumptions, analyze reasons and evidence, identify viewpoints and perspectives, scrutinize implications and consequences, discover application and significance.
Term
primary sources
Definition
produced either by locating raw data or creating the data.
Term
secondary sources
Definition
a set of data that is not collected by the student.
Term
begging the question
Definition
when the author treats a debatable opinion as a proven fact.
Term
thesis sentence
Definition
structures and focuses the paper on an assertion or a hypothesis about the relationship between concrete and/or abstract political objects.
Term
topic sentence
Definition
like a thesis it states the central idea and the writer's perspective about it, however it elaborates on parts of the thesis sentence in the body of the paper
Term
transitional expressions
Definition
words or phrases to keep the paragraph unified and coherent.
Term
community security
Definition
a value at the heart of our constitutional democracy that we should live in a place where we are safe.
Term
individual autonomy
Definition
a value at the heart of our constitutional democracy that individuals are free to control their own lives without government interference.
Term
citation
Definition
tells you the source of the material quoted or relied on.
Term
majority opinion
Definition
a decision rendered by five or more supreme court justices, which becomes the law.
Term
concurring opinion
Definition
statements in which justices agree with the decision but not the reasoning of a court's opinion.
Term
plurality opinion
Definition
a statement in which the greatest number, but not a majority, of the justices favor a court's decision
Term
dissenting opinion
Definition
part of an appellate court case in which justices write opinions disagreeing with the decision and reasoning of a court.
Term
precedent
Definition
a prior decision that's binding on a similar present case.
Term
stare decisis
Definition
the doctrine in which a prior decision binds a present case with similar facts.
Term
jurisdiction
Definition
the power to hear and decide cases in a specific geographical area or the subject matter the court controls.
Term
distinguishing cases
Definition
a court decides that a prior decision doesn't apply to the current case because the facts are different.
Term
habeas corpus
Definition
latin for "you have the body," it's an action that asks those who hold defendants to justify their detention.
Term
writ of certiorari
Definition
an order to the court that decided the case to send up the record of its proceedings to the U.S. supreme court for review.
Term
affirmed
Definition
an appellate court decision upholding the decision of a lower court.
Term
reversed
Definition
the appellate court set aside, or nullified, the lower court's judgment.
Term
remanded
Definition
the appellate court sent the case back to the lower court for further action.
Term
constitutionalism
Definition
refers to the idea that constitutions adopted by the whole people are a higher form of law that ordinary laws passed by legislatures.
Term
law of criminal procedure
Definition
the rules that government has to follow to detect and investigate crimes, apprehend suspects, prosecute and convict defendants, and punish criminals.
Term
supremacy clause
Definition
U.S. constitution, article 6, which says that the U.S. constitution is the last word in criminal procedure.
Term
judicial review
Definition
the U.S. supreme court's interpretation trumps the interpretation of all other federal and local courts, congress, and state and local legislatures.
Term
fundamental law
Definition
a law above the ordinary law created by legislatures.
Term
due process
Definition
a broad and vague guarantee of fair procedures in deciding cases.
Term
4th amendment
Definition
right to be free from unreasonable searches and seizures. and right to probable cause to back up searches and seizures
Term
5th amendment
Definition
the right to grand jury indictment, against double jeopardy, to due process, against self incrimination
Term
6th amendment
Definition
the right to a speedy trial, a public trial, an impartial jury, etc.
Term
8th amendment
Definition
the right to against excessive bail, against excessive fines, against cruel and unusual punishment.
Term
14th amendment
Definition
the right to due process of law in state criminal proceedings, right to equal protection of the law in state criminal proceedings.
Term
fundamental fairness doctrine
Definition
a command to the states to provide two basics of fair trial: notice and a hearing.
Term
incorporation doctrine
Definition
the principle that the 14th amendment due process clause incorporates the provisions of the bill of rights and applies them to state criminal procedure.
Term
total incorporation
Definition
all the provisions were incorporated under the due process clause.
Term
selective incorporation doctrine
Definition
some rights were incorporated and others weren't
Term
discriminatory effect
Definition
proving that race or some other illegal group characteristic accounts for the official decision.
Term
discriminatory purpose
Definition
a named official in the case at hand intended to discriminate against a named individual because of race or other illegal criteria.
Term
presumption of regularity
Definition
presumes government actions are lawful in the absence of "clear evidence to the contrary"
Term
due process revolution
Definition
U.S. supreme court application of the bill of rights to state criminal proceedings.
Term
sovereignty
Definition
power of the people to create law.
Term
liberty
Definition
the right of citizens to come and go as they please without government interference.
Term
privacy
Definition
the right to be let alone by the government
Term
trespass doctrine
Definition
the fourth amendment doctrine that requires physical intrusions into a "constitutionally protected area" to qualify as a search.
Term
subjective privacy
Definition
whether a person exhibited an actual personal expectation of privacy.
Term
objective privacy
Definition
whether the subjective expectation of privacy is "one that society is prepared to recognize as 'reasonable."
Term
plain view doctrine
Definition
doctrine that it's not a "search" to discover evidence inadvertently obtained through ordinary senses if the officers are where they have a right to be and are doing what they have a right to do.
Term
open fields doctrine
Definition
the rule that the 4th amendment doesn't prevent government officials from gathering and using information they see, hear, smell, or touch in open fields.
Term
curtilage
Definition
the area immediately surrounding a house, such as garages, patios, and pools, that isn't part of the open fields doctrine.
Term
third party doctrine
Definition
the 4th amendment doesn't prohibit obtaining information revealed to a third party and conveyed by the third party to government authorities. the constitution doesn't protect gullible people.
Term
printing press
Definition
started the search and seizures laws
Term
writ of assistance
Definition
issued by the English crown for the life of the monarch, they could order anyone who happened to be nearby to help execute the warrant.
Term
general warrant
Definition
empowered royal agents of the English crown to search anyone, anywhere, anytime.
Term
James Otis
Definition
argued that writs of assistance were illegal because they were general warrants. only searches with specific dates, naming the places or persons to be searched and seized, were lawful where free people lived
Term
reasonable expectation of privacy
Definition
the kind of expectation any citizen might have with respect to any other citizen applies to law enforcement as well.
Term
arrest
Definition
officers take suspects to the police station and keep them there against their will.
Term
4th amendment stop
Definition
brief, on the spot detentions that freeze suspicious situations so that law enforcement officers can determine whether to arrest, investigate further, or terminate further action.
Term
4th amendment frisk
Definition
once over lightly pat downs of outer clothing by officers to protect themselves by taking away suspects' weapons.
Term
reasonableness clause
Definition
the clause in the 4th amendment that bans unreasonable searches and seizures.
Term
warrant clause
Definition
the part of the 4th amendment that outlines the requirements for obtaining arrest and search warrants.
Term
conventional approach
Definition
the warrant and reasonableness clauses are firmly connected when ruling on stop and frisk law cases. according to the U.S. Supreme Court.
Term
reasonableness approach
Definition
the warrant and the reasonableness parts of the 4th amendment are separate elements that address separate problems.
Term
bright line
Definition
rules that spell out officers' power and apply to all cases.
Term
case by case
Definition
deciding whether constitutional requirements were satisfied in each case.
Term
direct information
Definition
information that officers know firsthand, acquired directly through their physical senses.
Term
hearsay information
Definition
facts and circumstances officers learn secondhand from victims, witnesses, other police officers, and anonymous, professional, or paid informants.
Term
articulable facts
Definition
facts officers can name to back up their stops of citizens.
Term
reasonable suspicion
Definition
the totality of articulable facts and circumstances that would lead an officer, in the light of her training and experience, to suspect that a crime might be afoot.
Term
profiles
Definition
popular law enforcement tool that consists of lists of circumstances that might, or might not, be linked to particular kinds of behavior.
Term
automatic frisk
Definition
facts that back up a stop don't automatically also back up a frisk, except when suspects are stopped for crimes of violence.
Term
roadblock
Definition
stopping everyone who passes a point on a road during a specific time period.
Term
checkpoint
Definition
stopping groups of drivers without individualized suspicion that any individual might be up to criminal activity.
Term
Brown v. Mississippi
Definition
due process. a white man was found and 3 innocent black men were accused of the murder. the officers beat the 3 men until they confessed.
Term
Olmstead v. U.S.
Definition
privacy doctrine. (prohibition era) police tapped Roy Olmstead's phone and he was convicted. the police didn't physically trespass.
Term
Katz v. U.S.
Definition
reasonable expectation of privacy doctrine. Charlie Katz was a bookie and was using a phone booth with the door closed. the police had a recorder on the outside of the door.
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