Term
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Definition
| Legal advisement that must be made by a governmental official to an arrestee concerning constitutional rights that must be explained prior to any interrogation; a warning to a person who is in custody that the individual has the right to remain silent and to consult with counsel prior to speaking, that anything that is said may be used against the individual in a court of law, and that a free lawyer is available for the arrestee. |
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Term
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Definition
| Provided the admissibility of such statements taken in violation of the Miranda warnings should turn only on whether they were voluntarily made and not be thrown out of court because of a defective Miranda warning. This statute was ruled to be unconstitutional. |
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Term
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Definition
| “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, on in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb’ nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” |
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Term
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Definition
| “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and causes of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of counsel for this defense.” |
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Term
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Definition
| For Miranda purposes, when a governmental agent deprives an individual of his or her freedom of movement in any significant manner; one of the two triggering factors under Miranda that require police officers to offer Miranda warnings. |
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Term
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Definition
| An emergency situation characterized by a law enforcement official lawfully entering private premises or property without a warrant; situations where life may hang in the balance, which justifies an extraordinary law enforcement response involving a warrantless search and/or seizure. |
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Term
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Definition
| The process of acquiring information from a suspect or eyewitness; under Miranda, questioning a suspect by speaking in a declarative voice with a view toward eliciting incriminating statements form the arrestee; the functional equivalent of questioning a suspect while in custody |
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Term
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Definition
| Where an arrestee presents or appears to present an immediate danger to the safety of the arresting officer or other persons, the officer is permitted to interrogate the subject concerning the danger prior to offering the warnings required by Miranda; permissible custodial interrogation generally permitted when unresolved dangers to the public exist. |
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Term
| Separate Offense Interrogation |
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Definition
| Where an arrestee has requested counsel following receipt of Miranda warnings, the law prohibits any additional police interrogation on any separate offense unrelated to the offense for which the person is in custody. |
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Term
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Definition
| The decision of an accused not to assert a Fifth Amendment privilege against self-incrimination and to offer a free and voluntary confession to the crime alleged |
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Term
| Adverse prosecutorial comment |
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Definition
| A violation of the 5th Amendment privilege against self incrimination occurs whenever a prosecutor calls attention to the fact that a defendant has not testified in his or her criminal case. A prosecutor’s comment may constitute a reversible error, depending on the circumstances. |
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Term
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Definition
| A constitutional guarantee found in the 5th and 14th Amendments to the United States Constitution that mandates the state and central governments to treat individuals with the “fundamental fairness” when interacting with them, whether the situation involves lawmaking or law enforcement. |
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Term
| Fifth Amendment Privilege |
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Definition
| The constitutional right granted to every person to not serve as a witness against him/herself. A defendant has no duty to assist the prosecution in obtaining a conviction of the defendant. |
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Term
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Definition
| If an appellate court determines that the use of an involuntary confession had no effect on the outcome of a case, the resulting conviction will not be disturbed. On the other hand, if an appellate court cannot say that, beyond a reasonable doubt, the admission of the involuntary confession had no effect on the outcome, then the case should be reversed |
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Term
| Impeachment use of confession |
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Definition
| The principle that a confession taken in violation of the Miranda warnings, but not in violation of the 5th Amendment privilege against self-incrimination, may be used to cast doubt on a defendant’s testimony when a defendant takes the witness stand and offers evidence that is contradictory to the Miranda-barred statement or confession. |
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Term
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Definition
| Where the mind and will of an accused are overcome by governmental tactics, and he or she offers evidence sufficient to meet the standard of proof beyond reasonable doubt. |
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Term
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Definition
| Evidence that does not come from the mouth of a witness and may include conduct; physical evidence that may have the operative effect of proving guilt but has not been deemed to have the same effect as speech |
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Term
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Definition
| Oral evidence offered from the witness stand or by deposition by a witness who has taken an oath to tell the truth and who is generally subject to cross-examination |
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Term
| Totality of circumstances test |
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Definition
| A test used to determine whether an informant has met the requirements necessary for a judge or police officer to be able to find probable cause for an arrest or search. Also, a test used to determine whether a person has given a valid consent to search the person or an area controlled by the person, involving an analysis of the person’s age and education, coerciveness of the circumstances, knowledge of the right to refuse consent, and other factors. |
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Term
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Definition
| type of immunity given to a witness and potential defendant in which the government gives up its rights to pursue criminal sanctions against the individual in exchange for testimony against other defendants; type of immunity under which the defendant or target can never be prosecuted for crimes for which the immunity extends |
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Term
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Definition
| A guarantee offered by the prosecution to a prospective witness, typically at a grand jury proceeding, that the prosecution will not affirmatively use the information offered by the witness against that same witness; a type of immunity that is coextensive with the protections of the 5th Amendment privilege against self-incrimination that still permits the government to use independently sourced evidence to prosecute the immunized person |
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Term
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Definition
| Evidence offered without governmental duress or compulsion by a suspect or defendant that includes admissions containing all the elements necessary to prove guilt of the crime in question. |
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Term
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Definition
| The method of procuring the release of a person accused of a crime by payment of money: an amount of money or approved property that a judge or magistrate believes will cause an arrested person to comply with all conditions of release and to appear at court al all appropriate times; pretrial release on conditions set by the court. |
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Term
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Definition
| any offense that a legislature has determined would be appropriate for pretrial release on conditions any offense other than those that a state of the federal legislature has determined do not merit consideration of pretrial release. |
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Term
| Barker factors for speedy trial |
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Definition
| Same as study question 6. Used to determine if the right to speedy trial has been violated. |
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Term
| Blockburger test for double jeopardy |
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Definition
| Offenses are spate offense for double jeopardy purposes if each crime requires proof of an element that the other does not |
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Term
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Definition
| Where a fact necessary to the prosecution of a second but different case against the defendant has been clearly found in the defendants favor at the first trial, the defendant cannot be forced to relitigate the same fact a second time at a second trial involving the same sovereign |
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Term
| Critical stage in the criminal justice process |
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Definition
| Neil v. Biggers stands for the principle that identifications constitutes a crucial part of the criminal justice process |
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Term
| Determination of bail amount |
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Definition
| The factors that courts use to evaluate the amount of money or approved property to assure that a bailed defendant will appear at all appropriate times. Courts consider, among other factors, the strength of the prosecution’s case, the alleged offender’s prior history while on bail, the severity of the charged offenses, the alleged offender’s ties to the community, the wealth of the individual, and whether the alleged offender will hamr members of the community or witnesses in the case. |
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Term
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Definition
| The concept that each of the several states is sovereign for the purposes of determining its criminal law and that the federal government is sovereign for the purposes of determining its criminal law. A state’s prosecution if a person following a prosecution by a different state for the same act does not constitute a violation of double jeopardy and both the federal government and one of the states may successively prosecute an individual for one act that consists of two separate crimes |
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Term
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Definition
| For federal bail purposes and under many state interpretations, bail has been deemed excessive when it has been set at an amount higher than the amount minimally necessary to assure a defendant’s appearance at all appropriate times. |
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Term
| Factors used in determining bail |
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Definition
| In making a bail decision, courts typically consider the strength of the prosecution’s case, prior history while on bail, severity of the charged offense, the alleged offender’s ties to the community, the wealth of the individual, and whether the alleged offender will harm members of the community or witnesses in the case. |
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Term
| Federal bail reform act of 1984 |
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Definition
a. The act directed federal courts specifically to look at the type of crime charged, the weight of the evidence, the defendant’s physical and mental condition, any history of drug or alcohol abuse by the defendant, and the potential danger presented by the defendant toward any person and toward the community.
b. It changed federal bail practice in case where the defendant was charged with specific drug offenses, a crime of violence, a life imprisonment crime, a crime for which the penalty could be greater than ten year, or where the accused had been convicted of two similar crimes within the past ten years.
c. In these situations the attorney for the federal government may ask for a pretrial detention order. |
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Term
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Definition
| When a judge or magistrate denies bail to an arrestee and the accused must remain in full custody awaiting trial; under the federal Bail reform Act of 1984, a person deemed to be dangerous to other or who has been accused of particular federal crimes may be denied bail completely and kept in custody until and during trial |
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Term
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Definition
| The purpose for granting bail. It assists the defendant in planning a defense with his or her attorney, it allows the defendant to freely search for and interview witnesses, it prevents preconviction punishment, and it preserves the presumption of innocence while assuring the defendant’s appearance before a court as appropriate |
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Term
| Rationale for double jeopardy |
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Definition
| The purpose for forbidding double jeopardy. This prevents the prosecution with all the resources of the state, from continuing to retry a defendant until. Through successive prosecutions. It wears down the defendant’s will to oppose the government: a government should have one and only one chance to make in case or refrain from additional efforts toward one defendant. |
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Term
| Remedy for violation of speedy trial |
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Definition
| Will release a defendant if time has elapsed and violates the right of speedy trial. |
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Term
| Requirements to claim double jeopardy |
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Definition
| Defendant must allege and prove that the same sovereign is attempting to try him or her a second time for a crime that has already been adjudicated to a conclusion; defendant must show that the crime or crimes the prosecution wants to try for a second time do not have a separate element different from the first crime charged. |
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Term
| Right to counsel line-ups |
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Definition
| No federal constitutional right to counsel exists for a person who has been merely arrested when police want to subject him or her to an identification process |
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Term
| Right to counsel at preliminary hearing |
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Definition
| Where a state chooses to use a preliminary hearing, it must grant a defendant the 6th amendment right to counsel; where a defendant is indigent, there is a right to free counsel. |
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Term
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Definition
| The requirement under the 6th amendment, federal law, state law, and/or state constitution that a person accused of a crime be brought to trial within a specific time or within a reasonable time following filing of an information, apprehension, or indictment. The remedy for a violation of the 6th amendment speedy trial right is prejudicial dismissal against the prosecution. |
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Term
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Definition
| While not specifying any particular time frame, the sixth amendment, as interpreted, requires that an accused be tried within a reasonable time following an arrest, indictment, or the filing of an information |
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