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Definition
| pertains to due process right of the federal government |
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| addresses due process pertaining to states |
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| Number of amendments in the Constitution |
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Definition
| • 27 amendments in the constitution |
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Term
Article. XIV.
[Proposed 1866; Ratified Under Duress 1868] Equal Protection Clause |
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Definition
| Section. 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. |
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Term
| • Incorporation Doctrine- |
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Definition
| a judicial doctrine announced by the US Supreme Court, which states that the entire Bill of Rights, is made applicable and incorporated to the states by virtue of the 14th amendment. |
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Term
| Definition of Criminal Law |
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Definition
| rules, regulations and procedures promulgated (to create or establish) by the legislative bodies that state what conduct constitutes crime and prescribes penalties therefor |
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| crimes that is so pernicious that all civilized societies murder, rape etc. |
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| crimes that are not inherently evil, but which society to discourage. (Theft, prostitution, insider trading) |
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| a serious offence punishable by imprisonment for more than one year up to and including death |
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Term
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Definition
| - a minor offence usually punishable by a fine or imprisonment for up to one year. |
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Term
| • 4 purposes of punishment |
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Definition
o Deterrence
o Rehabilitation
o Incapacitation
o Retribution |
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Term
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Definition
| only the government may prosecute crimes |
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Term
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Definition
| amount of evidence needed to win |
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Term
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Definition
Preponderance of evidence. (More likely than not, or 51%)
Higher Standard, clear and convincing evidence, or 75%) |
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Term
| • Burden of proof for a criminal case |
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Definition
| o Beyond a reasonable doubt |
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Term
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Definition
| protects against unreasonable searches and seizures, prevents the government from unreasonable search and seizures |
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Term
| • What do we need to get a search warrant and to whom must we show it |
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Definition
| o Probable cause to a judge or magistrate |
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Term
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Definition
| Reasonable and credible evidence that a crime has been committed, is about to be committed, a person is in possession of the fruits of a crime. |
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Term
| • How do we establish probable cause (sources of Probable Cause) for search and arrest warrants. |
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Definition
o Officers personal observation
o Witnesses and victims
o Informants
o Observation of other officers |
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Term
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Definition
| • If evidence is obtained in violation of the defendants 4th amendment rights may be suppressed suppression (to hold down, not allowed into evidence at trial |
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Term
| • Good faith exception to the exclusionary rule- |
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Definition
| if a search warrant is obtained in good faith and is executed in good faith but contains some minor error such as incorrect address, wrong name, and misspelling etc., the evidence obtained in connection with that search warrant will not be suppressed. |
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Term
| "fruit of the poisonous tree" doctrine |
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Definition
| (also known as the derivative rule) is an offspring of the Exclusionary Rule. The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial. Under the fruit of the poisonous tree doctrine, evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation. Like the exclusionary rule, the fruit of the poisonous tree doctrine was established primarily to deter law enforcement from violating rights against unreasonable searches and seizures. |
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Term
| Three exceptions Fruit of the poisonous tree doctrine |
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Definition
1. Independent source to the evidence.
2. Inevitable discovery rule.
3. Attenuation (loosely connected) or pass of time rule |
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Term
| Exceptions to the exclusionary rule |
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Definition
1. Good faith exception
2. Cross examination
3. Parole hearing
4. Probation and sentencing report |
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Term
| The Fourth Amendment of the Constitution |
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Definition
| designed to prohibit government officials from unreasonable searches and seizures. |
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Term
| Warrantless and suspicion-less searches that do not violate the provisions of the fourth amendment |
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Definition
1. Border Searches to protect for national security. (With limitations, dismantling a car without suspicion.)
2. Airport searches
3. Parolees are subject to warrantless searches. Because while under probation you are still under the supervision of the government.
4. Persons on Probation |
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Term
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Definition
is a landmark decision that ushered in the era of REASONABLE SUSPISION
“Reasonable suspicion is a much lowered standard of probable cause”.
“A landmark case is a significant case that changes the legal landscape”. |
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Term
| Terry seizure (Terry Stop) |
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Definition
a constitutionally permissible brief seizure of a citizen for the purpose of making a brief investigation based on reasonable suspicion (RS).
A brief suspect of the suspect during the Terry Stop in order to check for dangerous weapons for the officer’s safety. |
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Term
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Definition
| (extension of the Terry Seizure pat down rule) that allows the officer who while conducting a pat down and discovers what appears to be contraband. This rule only applies when the officer can discern that it is illegal contraband without manipulating the item. |
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Term
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Definition
| looks at criminal law and the courts as just a means for keeping order in the society. Takes a harsh view of criminals, focused on punishment. |
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Term
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Definition
| is more concerned with protecting the rights of the citizens and the accused. |
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Term
| The criminal trial process |
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Definition
Jury Selection
• (Voir Dire- to see or tell the truth, the process of empaneling/selecting a jury) or the process of asking questions in an attempt to undermining a foundation laid.
Opening Statements-
• Prosecution always goes first
• Then the defense
• Prosecution puts on its “case in chief” main evidence for the prosecution to prove the crime
Prosecution calls its first witness, direct examination
Defense does cross examination. To rebut or refute what the witness said, (to impeach the witness)
Impeachment-the process of undermining the statements of a witness or the credibility of a witness.
• Prosecution gets to re-direct the witness or rehabilitate the witness.
• Prosecution rest
• Defense usually makes a motion to dismiss
• The defense puts on its case in chief
• Direct examination
• Cross examination
• Defense has the chance to re-direct
• Defense rest
• Closing statements Defense first then the prosecution.
• Jury Charge also known as jury instructions
• Alternate jurors are dismissed
• Jury deliberation
• Jury verdict
• Sentencing |
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Term
| Bill to Law process- making of a statute, state and federal are the same |
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Definition
Example
• Bill to reduce taxes
• Revenue Bill- must in the House of Representatives.
o Congress-Upper House (Senate) and lower House (House of Representatives)
o Congress is a Bicameral Legislature Nebraska is the only Unicameral Legislature.
o 100 senators (2 per State)
o One congress person per every 30,000 residents 495 for all 50 States
o A Bill is a proposal for a Law. |
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Term
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Definition
| • Court don’t usually do anything sua sponte (of its own accord) |
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Term
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Definition
| - a request to have the court take some action |
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Term
| • After a motion has been made- |
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Definition
| the movant or moving party |
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Term
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Definition
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Term
| • If the court agrees with the motion |
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Definition
| the court gives an order to take or refrain from taking action |
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Term
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Definition
| to be held down or stopped |
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Term
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Definition
| directive from the court to do something. |
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