Term
| deviant police subculture hypothesis |
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Definition
| group of police officers in the department who place loyalty over others rather than the law |
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Term
| 3 types of police corruption |
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Definition
1)nonfeasance
2)misfeasance
3)malfeasance |
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Term
Tennessee vs Gardner
1) basic story
2) amendment this deals with
3) what did this make unconstitutional?
4) only way police can use deadly force |
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Definition
1) police were called to a burgulary. They saw the man and had him at gunpoint. He didn't seem to have any weapons on him. He tried to run away, and was then shot from fear of him running away.
2) 4th amendment because use of force restrains the person to walk away
3) fleeing felon laws
4) can only if he obviously ahs a weapon and poses a significant threat to him or to thers |
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Term
Graham VS Conor
1) basic story
2) what amendment does this have to deal with
3)what did this case accomplish |
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Definition
1) handcuffed a suspect refusing to allow him to explain he was diabetic. When passed out they beat him.
2) 4th amendment
3) created the four factors that police must consider in evaluating reasonableness of use of force |
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Term
| Four factors that police must consider in evaluating reasonableness of use of force |
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Definition
1) if the suspect is attempting to escape arrest
2) if the suspect is resisting arrest
3) severity of the crime alleged matches a force
4) immediate threat to the officer |
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Term
| Majority of cases involve what kind of offenses? |
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Definition
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Term
State courts
what are the three type |
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Definition
1) limited
2) general
3) appellate |
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Term
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Definition
| majority heard here cause most felonies are defined by state laws. Interpret only state laws. Also each state determines how they are organizes so names of the courts and precise jurisdictions vary. |
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Term
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Definition
-lowest
-only look at specific civil cases less then $10,000
-criminal/civil cases, traffic and motor vehicle violations, ordinances violations |
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Term
General Jurisdiction
aka?
what are mostly trialed here?
how many? |
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Definition
trial courts. We call it circuit courts.
Most felony trials held here.
Each county has one. |
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Term
Appellate courts
1) highest level @?
2) job
3) how many judges ...
4) two types? |
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Definition
1) state
2) hear appeals form courts
3) 3-10 justices
4) last resort (supreme courts) and intermediate courts created in the last 100 year s |
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Term
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Definition
| US has two separate court systems 1) federal 2) state aka dual |
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Term
Federal Court System
ex of them |
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Definition
-only involves alleged violations of federal crimes
-also misconduct that occurs in more than one state ( drug trafficking, kidnapping, stolen prop )
ex- us tax courts, us court claims |
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Term
US Supreme Court
1) cases does it hear
2) where does this judicial power come from
3) can cases be appealed further after the supreme court? |
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Definition
1) involving federal law, suits between states, and cases involving interpretations of the US Constitution
2) article III on the Constitution
3) nope |
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Term
| Four type of cases in which the US Supreme Court must render an opinion |
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Definition
1) when an act of congress has been found unconstitutional in a lower federal court
2) when a state supreme court has found a federal law unconstitutional
3) when a US court of appeals has found a state law unconstitutional
4) a constitutional challenge of a state law has been upheld by a state supreme court |
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Term
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Definition
| A legal order from the US Supreme Court stating that a lower court must forward the record of a particular case for review ... basically when they think they should review a case. There has to be 4 justices to believe that it should be reviewed. |
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Term
supreme court
1) how are the decisions of the court made?
2) how are they appointed?
3)case that gave them their powers? |
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Definition
1) majority vote of the nine justices
2) the president
3) marbury vs madison (judicial review) |
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Term
prosecutors
1)job:
2)how do they get the job?
3) goal |
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Definition
1) to represent the community in a case bringing charges against an accused person
2) they are usually appointed but they can be elected by the governor
3) seek justice not just convict |
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Term
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Definition
| city or county prosecutor |
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Term
Defense attorney
1) job
2) goal
3) they can get an attorney |
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Definition
1) represent the legal rights of accused persons in criminal proceedings
2) ensure their clients rights get protected
3) by being appointed or being retained |
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Term
Judge
1)role
2) why can't they show favoritism?
3) what can they do? |
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Definition
1) neutral party to make sure defense and prosecution upholds the law/follows the rules, cannot show favoritism
2) may influence the jury
3) they can weigh in on the sentencing, they can through out the jurys decision and make their own (sometimes), impose sentences, fines... mostly in circuit courts |
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Term
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Definition
| combo of appointment and election of a judge |
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Term
Jury
1)Role:
2)what amendment
3) how do you get them
4) why could this be a problem |
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Definition
1) decide the fate of the accused
2) sixth amendment
3) voter dmv motor registration
4) only people that vote or drive can be placed in a jury sometimes they use tax codes |
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Term
Victims
1)Roles
2) victim impact statements |
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Definition
1) sometimes they help the persecution by speaking, however soemtimes they are dead, too youg tramatizied. Sometimes the victim may not like the charges ( too little)
2)urging the jury to give the criminal a certain charge |
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Term
Witness
1) role
2) bad part of eye witness testomny |
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Definition
1) validation of the crime, also are evidence, they can talk about the character of the victim. Either support the victim or the accused.
2) not very believable |
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Term
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Definition
| they are actually going to trial leading to the dispostion |
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Term
| Rothgergy vs Gillespie County |
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Definition
| a United States Supreme Court case in which the Court held that a criminal defendant's initial appearance before a magistrate judge, where he learns the charge against him and his liberty is subject to restriction, marks the initiation of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel |
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Term
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Definition
| competent representation by an attorney. It is ineffective assistance of counsel when unprofessional errors would have changed the outcome of the case. |
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Term
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Definition
| Washington admits to other killings to police without talking to his council. The council did not seek other character witnesses or have a psych evaluation. Washington goes against this council stating he wanted effective counsel. Right to effective counsel. |
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Term
Right to counsel
amendment?
Case that deals with this? |
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Definition
6th amendment protection guarantees suspects the right to be represented by an attorney when their liberty is in jeopardy
Powell vs Alabama: 9 black men accused of raping two white women |
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Term
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Definition
| Supreme court extended the right to council all indigent felony defedants in FEDERAL cases, but not state cases. Stating it's not a fundamental right unless uneducated or mentally ill. |
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Term
Gideon vs Wainwright
story?
importance? |
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Definition
story- Gideon charged with breaking and entering. Since the court was not charged with a capital offense they said he would not be allowed to have a council and had to rep himself. He lost the case. Wrote a habeas corpus stating he had a right under the constitution.
Importance: In the case, the Supreme Court unanimously ruled that state courts are required under the Fourteenth Amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys, extending the identical requirement made on the federal government under the Sixth Amendment. |
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Term
Argersigner vs Hamlin
what was granted and why? |
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Definition
| If they are going to be held in jail for a misdemeanor they have a right to an attorney because their liberty is being questioned |
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Term
| Two things the prosecutor decides |
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Definition
1) whether it will be prosecuted
2) what charges will be pressed |
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Term
| Necessarily included offenses |
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Definition
| The lesser included offenses that are by definition included in a charge as a part of another (more serious) offense |
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Term
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Definition
| prosecutor can decide to not to press charges |
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Term
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Definition
| an educational purpose to show the balance between the protection of the community and the protection of the rights of the individual |
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Term
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Definition
| court authorized postponment of a case to allow the prosecution or defense more time to prepare it's case. They can do this but most courts require you to be ready after 6 months. |
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Term
| which side to delays usually help? |
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Definition
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Term
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Definition
| another delay that lets the defense look at the prosecution's evidence in order to see if there is exculpatory evidence suggesting the defendants innocent. |
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Term
Voir dire
both sides can have... |
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Definition
process of screening the potential jurors by asking them questions/filling out questionaires
challenges by the cause- eliminating any jurors that seems to be biased or for any valid reason
peremptory challenges- permit them to remove any jurors without a cause or reason |
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Term
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Definition
-varies by state
-all states require 12 jurors for death penalties
-has to be more than 5 |
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Term
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Definition
| Jury has to be more then 5... 6 Supreme court decided this after finding five unconstitutional |
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Term
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Definition
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