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offense that is enumerated (written) that govern conduct 1. penal law 2. vehicle and traffic law 3. administrative law |
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1. Misdemeanor: under a year 2. felony: more than 1 yr 3. violation: not a crime |
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Not a crime, sentenced up to 15 days ex: disorderly conduct |
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taken into custody, NOT FREE TO LEAVE |
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accusation against someone who supposedly broke the the law ---NOT FACT |
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Desk appearence ticket ticket to appear in court at a later date |
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people of the state of new york. Plaintiff; bring the action |
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criminal: victim victimless crimes: society is the victim ex: drugs |
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Rap sheet. background check into the system |
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formal preceding in court where defendant is told of allegations against them
street or custody |
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piece of paper: legal instrument, that states what crime youve committed and what statutes youve violated. 99% of the time in suffolk not guilty |
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Assistant district attorney prosecute the case they have burden |
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geographical, territory under control
family court criminal court district court |
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3 types of assigned counsel |
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1, legal aid society 2. 18b 3. privately attained attorney |
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if legal aid cannot take the case, 18b attorney is assigned, no bill. if there is a conflict or 2 people being charged or a specialized panel |
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released on your own recognizance |
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or a court to order that someone either do a specific act, cease a course of conduct or be prohibited from committing a certain act.
DIRECT SOMEONE NOT DO SOMETHING order of protection |
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money/surety, bond, cash used as collateral for defendant to return to court |
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no person may be deprived of life, liberty or property or any right granted by statute. HAS TO BE FAIR ***primary concern from arrest to adjudication. |
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judge issued warrant when individual does not return to court |
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the questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve |
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peremptory right of lawyer |
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can get rid of jury for any reason, howver jury is not unlimited. cant get rid of jury bc of race |
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doubt of the guilt of an individual that the reasonable person would believe. |
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adjournment in contemplation of dismissal |
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adjournment by judge if he is thinking of dismissing case. criminal: 1 yr with special conditions ie: community service.
used to stop people from gaining criminal records |
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court prepared by dept of probation tells judge about background of defendant criminal, family, medical, educational, employment history |
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1. protection of society: incarceration 2. punishment, retribution 3. rehabilitation 4. deterrence: specific and general |
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pay money to victim make whole again robbery assault |
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case is over, been convicted and let you go no conditions,,, very rare |
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sentence that requires programs, community service, restitution house arrest- to take care of family |
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time you were in thats punishment, no conditions your out |
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time in and probation felony in suffolk county: six months in, 5 yrs probation: DWI |
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1 crime after another, robbery and rape. charged as one crime |
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sentences run together 1 yr crime A, 1 yr Crime b |
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things we know from direct experience |
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things we know because we’ve been told they’re real, and there is a general consensus that they are real. |
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knowldege gained by experience or observation |
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how scientif method can be used to understand CRJ policy |
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