Shared Flashcard Set

Details

Chapters 12 and 13
Criminal Process
59
Law
11th Grade
11/23/2010

Additional Law Flashcards

 


 

Cards

Term
The vast majority of crimes are investigated and prosecuted under federal laws
Definition
false
Term
An arrest is a seizure under the Fourth Amendment
Definition
true
Term
All arrests must be made with an arrest warrant.
Definition
false
Term
Drug courier profiles ar legally used by law enforcement to help establish reasonable suspicion or probable cause
Definition
true
Term
Reasonable suspicion is less information than probable cause
Definition
true
Term
A law enforcement officer needs only reasonable suspicion to stop and question a person on the street
Definition
true
Term
Police may order all passengers out of a car when making a lawful traffic stop
Definition
true
Term
Most police work involves deadly force
Definition
false
Term
A police officer is liable for false arrest when the officer arrest a person who did not commit the crime
Definition
false
Term
The exclusionary rule means that the defendant cannot be tried or convicted if an illegal search was conducted
Definition
false
Term
The fifth amendment provides the defendant with
Definition
the right to remain silent
Term
Satements me by a defendant in custody before he or she has been given the Miranda warnings
Definition
are admissable at trial if the defendant repeats them after police give the warnings
Term
Which f the following statements about the Miranda warnings is true?
Definition
failure to give Miranda warnings does not affect the validity of an arrest
Term
Simon belonged to a political group responsible for blowing up several corporate offices of multinational companies.
Definition
admissible because of the public safety exception to Miranda
Term
Sulla gives several incriminating statements in response to police questioning before she is given the Miranda Warnings. Her statements
Definition
will be inadmissible in court because of the exclusionary rul
Term
The ________ issues a search warrant
Definition
judge
Term
The _____ carry out the search
Definition
police
Term
he _____ decides whether evidence was legally obtained
Definition
judge
Term
The ______ brings the charges against the _______
Definition
prosecutor
defendant
Term
Tehe exclusionary rule is designed to limit ____________ to reasonable searches
Definition
police
Term
reasonale belief that a person has committed a crime
Definition
probable cause
Term
what should not take place before reading the Miranda warnings
Definition
interrogation
Term
the defndan in a landmark case wh argued he was not aware of his rights before confessiong
Definition
Miranda
Term
the rule that prohibits use of illegally seized evidence in court
Definition
exclusionary rule
Term
a sworn statement of facts and circumstances
Definition
affidavit
Term
Booking is the formal process in which a police record of the arrest is made
Definition
true
Term
Defendants have the right to be free from self-incrimination, and therefore the police may not take fingernail clippings, handwriting samples, or bodily fluds
Definition
false
Term
In amisdemeanor case, the defendant makes a plea at the initial appearance
Definition
true
Term
A person has a constitutional right to bail in every case
Definition
false
Term
The reason for a bail system is that jails are extremely overcrowded
Definition
false
Term
During a criminal jury trial, the grand jury determines guilt or innocence
Definition
false
Term
A motion is a formal request that the court make a ruling or takesome action
Definition
true
Term
To ask the court to apply the exclusionary rule, the defense lawyer will file a motion to suppress
Definition
true
Term
Plea bargaining is a negotiation process established to help only criminal defendants
Definition
false
Term
Some states have eliminated plea bargaining so that prosecutors will drop weak cases and seek a conviction in cases where the evidence is strong
Definition
true
Term
Police illegally enter Serge'shouse lookingg for a stolen TV. They do not find the TV, but they do observe a pawn ticket. Leaving the ticket where they find it, the officers go to the pawn shop where they observe the TV and seize it. Serge is prosecuted for the theft of the TV set. As Serge's attorney, which of the following pretrial motions would you make?
Definition
motion to suppress evidence
Term
Which of the facts would a judge consider in deciding a motion to change venue
Definition
the convenience of witnesses
Term
What does it mean if a udge releases a defendant on personal recognizance?
Definition
the defendant has adequate ties to the community and can be expected to return to court without a money bond
Term
In a grand jurproceeding, which of the following is true?
Definition
the Fourth Amendment require a grand jury indictment for a serious federal crime
Term
Which of the following is an argument in support of pretrial release?
Definition
it reflects the American judicial system's presumption of innocence
Term
Im many cases the _______ and the defense enter into plea bargains
Definition
prosecutor
Term
The ______ is not required to accept a pea bargain worked out by the parties.
Definition
victim
Term
The _______ may be allowed to take fingernail clipings, handwriting specimens, or blood samples from the _______ at booking.
Definition
police
defendant
Term
The _______ may be allowed to take fingernail clipings, handwriting specimens, or blood samples from the _______ at booking.
Definition
police
defendant
Term
The _______ prepares an information in misdemeanor cases.
Definition
prosecutor
Term
A judge will not accept a plea bargain if the _______ does not fully understand and voluntarily enter the plea.
Definition
defendant
Term
formal charge of a felony
Definition
indictment
Term
group of people charged with determining whether there is sufficient cause to believe that a person should stand trial for a crime
Definition
grand jury
Term
money to secure a person's return for further hearings
Definition
bail
Term
Court hearing in which defendant enters a plea
Definition
felony arraignment
Term
plea in which defendant does not admit guilt but does not contest the charges
Definition
nolo contendre
Term
focs the defene counsel and prosecutor to discuss the relative strengths and weaknesses of their cases
Definition
judges
Term
f case iweak, may still get a conviction to a lesser crime
Definition
prosecutors
Term
receive some favrable benefits (reduced criminal charge, lower penalty)
Definition
defendants
Term
is less expensive (for those who pay for their own counsel) and less time-consuming
Definition
defendants
Term
reduces their dockets
Definition
judges
Term
helps them achieve a favorable outcome for their client, such as a reduced charge, a lesser penalty, or other chages dismissed
Definition
defense attorneys
Term
without guilty pleas, trials on these charges could not occur within the speedy trial rule
Definition
prosecutors
Term
may feel pressured to accept a plea bargain
Definition
prosecutor
Supporting users have an ad free experience!