Term
| Accussatory Stage of the Criminal Process |
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Definition
| The point at which the criminal process focuses on a specific suspect |
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Term
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Definition
| The questioning that occurs after police have taken suspects into custody |
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Term
| Due Process Approach to Confessions |
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Definition
| Confessions must be voluntary; involuntary confessions violate due process, not because they're compelled but because they might not be true |
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Term
| Reliability Rationale for Due Process |
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Definition
| The justification for reviewing state confessions based on their untrustworthiness |
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Term
| Accusatory System Rationale |
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Definition
| A system in whihc the government bears the burden of proof |
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Term
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Definition
| Involuntary confessions aren't just unreliable and contrary to the accysatory system of justice; they're also coerced if they're not "the product of a rational intellect and a free will" |
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Term
| Critical Stage in Criminal Prosecutions |
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Definition
| Includes all those stages that occur after the government flies formal charges; the view that custodial interrogation is so important in criminal prosecutions that during it suspects have a right to a lawyer |
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Term
| Right-To-Counsel Approach |
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Definition
| Relies on the clause in the Sixth Amendment that gurantees the right to a lawyer in "all criminal prosecutions" |
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Term
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Definition
| The content of what you say and write against yourself |
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Term
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Definition
| Custodial interrogation is coercive because police hold suspects in strange surroundings while trying to crazk their will, and suspects doen't have anyone there to support them. |
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Term
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Definition
| Rule that spells out offivers' power and applies to all cases rather than assessing the totality of circumstances on a case-by-case basis |
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Term
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Definition
| Depriving people of their "freedom of action in any significant way" |
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Term
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Definition
| The rule that Miranda warning need not be administered if doind so would endanger the public |
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Term
| "Functional Equivalent of a Question" Test |
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Definition
| Interrogation refers not only to express questioning but also to any words or actions that the police should know are reasonable likely to elicit and incrimination responably likely to elicti an incriminating response from the suspect |
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Term
| Deliberately Eliciting a Response Standard |
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Definition
| The test for interrogation focuese on police intent |
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Term
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Definition
| The suspects specifically says or wites that she knows her rights, knows she's giving them up, and knows the consequences of giving them up. |
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Term
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Definition
| The totality of circumstances in eac case adds up to proof that before suspects talked they knew they had the right to remain silent and knew they were giving up the right |
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Term
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Definition
| Information the brain takes in at the time of the crime |
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Term
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Definition
| Information the brain stores between the time of the crime and the lineup, shoe-up or picture identification |
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Term
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Definition
| Information retrieved from memory at thet ime of the lineup, show-up, or picture identification. |
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Term
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Definition
| Information retrieved from memory at the time of the lineip, shou-up, or picture identification; eyewitnesses are shown persons or objects and hten asked to indicate whener they were involved in the crime |
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Term
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Definition
| Information retrieved from memoory at the time of the lineup, show-up, or picture identification; eyewitnesses are shown persons or objects and then asked to indicated whether they were involved in the crime. |
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Term
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Definition
| (In eyewitness identification) interpretation of events shaped by other people's suggestions. |
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Term
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Definition
| An identification procedure in which the suspect stand in a line with other indiciduals |
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Term
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Definition
| A procedure in which the witness identifies the supect without other possible suspects present |
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Term
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Definition
| Witnesses try to pick suspects from one (photo show-up) or several (photo lineup) mug shots |
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Term
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Definition
| A person conducting a lineup who doesn't know which person in the lineup is the suspect. |
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Term
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Definition
| Present members of a lineup one at a time and require witnesses to answer yes/no as they're presented. |
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Term
| Simultaneous Presentation |
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Definition
| A traditional lineup, in wich members are standing together at the same time, giving witnesses the opportunity to treat the procedure like a multiple-choice test with a "best", but maybe not "right" answer |
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Term
| Might-or-might-not-be-present instrucion |
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Definition
| One of the ways to improve the reliability of eyewitness identification of strangers is to tell witnesses the supect might or might not be among the photos or members of a lineup |
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Term
| Preponderance of the Evidence |
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Definition
| More evidence than not supports a conclusion |
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Term
| Unnecessarily and Impermissibly Suggestive |
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Definition
| One of the requirements a defendant must prove to have a lineup, show-up, or photo array identification thrown out on due process grounds |
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Term
| Very Substantial Likelihood of Misidentification |
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Definition
| One of two requirments to have identification evidence thrown out based on due process grounds; the totality of circumstances muct prove that "unnecessarily and impermissibly suggestive" procedures probably led to a misdentification |
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Term
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Definition
| Looking at the totality of circumstances to determine whether an identification should be admitted into evidence. |
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Term
| Totality-of-circumstances approach |
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Definition
| Weighin all the facts surrounding the government's establishing identification of the suspect to determine if it's reliable enough to be aditted; also called the "per se approach" |
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Term
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Definition
| The most widely used DNA test, in which long sections of DNA are broken into fragments to measure and compare the lengths of selected strands of DNA in chromosomes; also called "DNA profiling" |
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Term
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Definition
| The rules that DNA ecidence is admissible if the techniques is "sufficiently established to have gained general acceptance in the particular field in which it belongs" |
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Term
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Definition
| The test of DNA admissibility that requires showing not only general acceptance of DNA theory but also that "the testing laboratory in the particular case performed the accepted scientific techniques in analyzing forensic sampes" |
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Term
| Federal Reles of Evidence Standard |
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Definition
| The test of admissibility of DNA testing by considering whether the relevancy of the evidence outweighs the tendency of the evidence to unfairrly prejudice jurors agaist the defendant. |
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Term
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Definition
| The rule that illegally seixed ecidence can't be admitted in criminal trials |
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Term
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Definition
| Defense to criminal liability based on proof that the government induced the defendant to commit a crime she wouldn't have otherwise committed. |
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Term
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Definition
| Probatice evidence, or proof of guilt |
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Term
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Definition
| Evidence that proves (or at least help to prove) defendants committed the crimes they're charged with. |
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Term
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Definition
| Using unconstitutional means to obtain evidence |
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Term
| Fruit-of-the-poisonous-tree Doctine |
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Definition
| The principle that ecidence deribed from illegally obtained sources isn't admissible |
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Term
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Definition
| Brief filed in court by someone interested in, but not a party to, the case. |
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Term
| Constitutional Right Justification |
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Definition
| The idea that the exclusionary rule is an essential part of constitutional rights |
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Term
| Judicial Integrity Justification |
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Definition
| The idea that the honesty of the courts justify the exclusionary rule. |
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Term
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Definition
| The justification that excluding evidence obtained in violation of the Constitution prevents illegal law enforcement. |
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Term
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Definition
| Mechanisms that aren't themselves constitutional rights but are used to guarantee those rights. |
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Term
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Definition
| Proceedings "off to the side" of the main case (for example, grand jury proceedings and vail hearings) |
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Term
| Government's Case-in-Chief |
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Definition
| The part of the trial where the government presents its evidence to prove the defendants' guilt. |
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Term
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Definition
| To show that a witness's credibility is suspect |
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Term
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Definition
| Illegally seized evidence is admissible in court if the poisonous connection between illegal police actions and the evidence they illegally got from their actions weakness enough |
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Term
| Independent Source Exception |
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Definition
| Evidence is admissible even if police officers violate the Constitution to obtain it if then in a totally separate action, they lawfully get the same evidence. |
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Term
| Inevitable Discovery Exception |
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Definition
| Evidence illegally obtained is admissible if officer would've legally discovered it eventually |
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Term
| Reasonable, Good-Faith Exception |
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Definition
| Searches conducted by officers with warrants they honestly and reasonably believe satisfy the Fourth Amendment requirements |
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Term
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Definition
| A defense, such as self-defense or insanity, that requires defendants to present facts that support their innocence in addition to denying the charge. |
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Term
| Subjective Test of Entrapment |
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Definition
| The test of entrapment that focus on whether defendants had the predisposition to commit the crimes |
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Term
| Objective Test of Entrapment |
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Definition
| Focuses on whether the actions of government agents would induce a hypothetical reasonable person to commit crimes. |
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Term
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Definition
| The party who brings a civil action |
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Term
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Definition
| A remedy in private lawsuits in the form of money for injuries |
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Term
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Definition
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Term
| Constitutional Tort Actions |
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Definition
| Lawsuits against individual federal law enforcement officers |
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Term
| Ferderal Tort Claims Act Actions |
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Definition
| Lawsuits against the federal government for their officers constitutional torts |
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Term
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Definition
| Grants immunity from tort actions if the party was acting reasonably within the scope of his or her duties; also called the "good faith" defense |
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Term
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Definition
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Term
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Definition
| A motion that the court enter a judgment without a trial because there's not enough evidence to support the plaintiff's claim |
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Term
| Doctrine Of Sovereign Immunity |
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Definition
| Gobernments can't be sued by indibiduals without the consent of the government |
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Term
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Definition
| Civil lawsuits for gamages over private wrongs |
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Term
| Defense of Offical Immunity |
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Definition
| A public official charged by law with duties calling for discretionary decision making isn't personally liable to an individual except for willful or malicious wrongdoing |
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Term
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Definition
| Lawsuits initiated by private individuals in federal court against state officers for violating the indivduals' constitutional rights; also called 1983 actions |
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Term
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Definition
| See civil rights act actions |
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Term
| Doctrine of Respondeat Superior |
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Definition
| Employers are legally ilable for their employee's illegal acts. |
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Term
| Defense of Various Official Immunity |
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Definition
| Police departments and local governments can claim the official immunity of their employees |
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Term
| No-Affirmative-Duty-To-Protect Rule |
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Definition
| Plaintiffs can't sure individual officers or government units for failing to stop private people from violating their rights |
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Term
| Speical-Relationship Exception |
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Definition
| (to the no affirmative-duty-to-protect rule) governments have a duty to protect individuals they hold in custody |
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Term
| State-Created-Danger Exception |
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Definition
| (to the no affirmative-duty-to-protect rule) the officer's actions created a special danger of violent harm to the plaintiff in the lawsuit; the officer knows of should have known her actions would encourage this plaintiff to rely on her actions; and the danger created by the officer's actions caused either harm or vulnerability to harm |
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Term
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Definition
| A hearing by all the judges on the court |
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Term
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Definition
| The absence of liability for actions within the scope of duties; judges have it |
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Term
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Definition
| Whether prosecutors have immunity depends on the function they're performing at the time of their misconduct. |
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Term
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Definition
| Review of police misconduc by special officers inside police departments |
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Term
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Definition
| Review of complaints against police officers with participation b individuals who aren't sworn police officers. |
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Term
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Definition
| Wall of protection that hides "real" police work from public view. |
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Term
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Definition
| To bring defendants to court to answer the criminal charges against them |
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Term
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Definition
| Prosecutors agree to drop a case before formal judicial proceedings begin if suspects participate in specified programs (for example, community service, restitution, substance abuse, or family violence treatment) |
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Term
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Definition
| The prosecutor's decision to begin formal proceedings against a suspect |
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Term
| Probable Cause to Detain Suspects |
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Definition
| The objective basis for detaining a suspect following arrest |
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Term
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Definition
| The appearance of a defendant in court for determination of probable cause, determination of bail, assignment of an attorney and notification of rights; also called a "probable cause hearing" |
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Term
| Probable Cause to go to Trial |
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Definition
| Requires a higher objective basis than probable cause to detain and is tested by a preliminary hearing or grand jury review. |
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Term
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Definition
| An action in which one person or a small group of people represent the interests of a larger group. |
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Term
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Definition
| The formal charging document |
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Term
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Definition
| Release from custody on a mere promise to appear |
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Term
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Definition
| Confining defendants to jail before conviction because they're threat to public safety |
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Term
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Definition
| Authoizes federal courts to jail arrested defendants when a judge determines, after a hearing, that no condition of release would "reasonably" guarantee that appearance of the defendant and the safety of the community |
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Term
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Definition
| A lawyer paid for by the client |
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Term
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Definition
| Lawyers for people who can't afford to hire lawyers |
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Term
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Definition
| Defendants too poor to hire their own lawyers |
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Term
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Definition
| Lawyers willing to represent clients at no charge |
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Term
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Definition
| Permanently employed defense lawyers paid for at public expense |
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Term
| Mockery of Justice Standard |
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Definition
| The standard under which counsel is deemed ineffective only if circumstances reduced the trial to a farce |
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Term
| Reasonably Competent Attorney Standard |
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Definition
| Performance measured by customary skills and diligence |
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Term
| Two-Pronged Effective Counsel Test |
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Definition
| U.S. supreme court test of "effectiveness of counsel," which requires the defense to prove a lawyer's performance wasn't reasonably competent and that the incompetence affected the outcome of the case in favor of conviction |
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Term
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Definition
| Defendants have to prove that their lawyer's performance wasn't reasonably competent, meaning that the lawyer was so deficient that she "was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment." |
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Term
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Definition
| The second of a tow-prong test of reasonable competence, in which defendants have to show that bad "lawyering" deprived them of a fair trial with a reliable result |
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Term
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Definition
| The adversary proceeding that test the government's case |
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Term
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Definition
| A secret proceeding to test a government case |
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Term
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Definition
| a formal criminal charge issued by a grand jury |
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Term
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Definition
| The record of the number of grand jurors voting for indictment |
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Term
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Definition
| Members of the grand jury |
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Term
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Definition
| To decide to send a case to trial |
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Term
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Definition
| Enough evidence exists for the judge in a preliminary hearing to decide to send the case to trial |
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Term
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Definition
| Enough evidence exists to make a decision unless the evidence is contradicted |
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Term
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Definition
| Enough evidence exists to decide a case without submitting it to the jury |
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Term
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Definition
| The address of the judge to the grand jury |
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Term
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Definition
| Written or oral requests asking the court to decide questions that don't require a trial to be ruled on |
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Term
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Definition
| Constitutional protection against being subject to liability for the same offense more than once |
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Term
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Definition
| Trials without juries, in which judges find the facts |
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Term
| Manifest Necessity Doctrine |
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Definition
| The government can reprosecute a defendant for the some offense if the judge dismissed the case or ordered a mistrial because dismissal "served the ends of justice" |
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Term
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Definition
| A jury that's unable to reach a verdict after protracted deliberations |
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Term
| Dual Sovereignty Doctrine |
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Definition
| The principle that holds that a crime arising out of the same facts in one state isn't the same crime in another state. |
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Term
| Dismissal Without Prejudice |
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Definition
| The termination of a case with the provision that it can be prosecuted again |
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Term
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Definition
| The termination of a case with the provision that it can't be prosecuted again. |
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Term
| Reasonable-likelihood-of-Prejudice test |
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Definition
| The determination that circumstances may prevent fair trial |
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Term
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Definition
| Courts have to decide whether jurors were in face prejudice by harmful publicity. |
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Term
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Definition
| Plea of guilty not based on negotiation, usually when the proof of guilt is overwhelming |
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Term
| Moral seriousness standard |
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Definition
| The principle that the Sixth Amendment right to a jury trial extends to morally serious misdemeanors |
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Term
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Definition
| Jury lists are made up by civic and political leaders selected from individuals they know personally or by reputation |
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Term
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Definition
| Potential jurors drawn from the list of eligible citizens not excused |
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Term
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Definition
| The examination of prospective jurors |
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Term
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Definition
| Removals of jurors without showing cause |
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Term
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Definition
| Removal of prospective jurors upon showing their partiality |
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Term
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Definition
| Jurors who aren't opposed to the death penalty |
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Term
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Definition
| Potential jurors opposed to the death penalty |
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Term
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Definition
| Addresses to the jury by the prosecution and defense counsel before they present their evidence |
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Term
| Sixth Amendment Confrontation Clause |
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Definition
| The right to cross-examine the prosecution's witnesses |
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Term
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Definition
| Evidence not coming from the personal knowledge of witnesses but from repeating what they have heard others say |
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Term
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Definition
| Sixth Amendment guarantee of defendants' right to compel the appearance of witnesses in their favor |
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Term
| Reasonable doubt standard |
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Definition
| Due process requires both federal and state prosecutors to prove every element of a crime beyond a reasonable doubt |
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Term
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Definition
| Instructions from the judge to the jury on what the law is and how they should apply it |
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Term
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Definition
| The final outcome of a case |
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Term
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Definition
| The jury's authority to reach a not guilty verdict despite proof of guilt |
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Term
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Definition
| A plea of guilty in exchange for a concession to the defendant by the government |
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Term
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Definition
| An error that requires an appellate court to reverse the trial court's judgment in the case |
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Term
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Definition
| Defendants who didn't commit the crime |
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Term
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Definition
| Cases in which the government has probed beyond a reasonable doubt the guilt of defendants |
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Definition
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Term
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Definition
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Term
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Definition
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Term
| Fixed (determinate) sentencing |
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