DWB-driving while blck

DWH- Driving while hispanic

FWA-Flying while arab

It is known for operation pipeline

They had controversies in Maryland and New Jersey

A pretextual stop is a stop used as a reason to search the vehicle

They ruled this valid during Whren vs the US (1996)

That is unconstitutional

1. Policies prohibiting the use of race for policing decisions

2. Increased racial sensitivity training of officers

3. Collecting data on traffic and pedestrian stops

1) only the officer knows the true reason for the stop

2) extremely difficult to  measure racial profiling

1) the decision to stop the vehicle

2) the decision to search the vehicle

1) attempt to get the evidence suspended

2) seek damages through a civil suit

3) file a complaint

The airports

59%

SB1070

The main point is to identify and deport illegal immigrants

Crime control model- places primary emphasis on th right of the society to be protected from crime and violent criminals

Due process model- emphasizes the right of the individual to be protected from the laws

The dual court system is the separate but interrelated court system of the US made up of courts on the federal and state level

The US supreme court has power over all the state and federal courts

1. Civil lawsuits whch has a violation of constitutional rights

2. Preponderance of evidence

3. private parties bring cases to court

4. monetary damages

1) violation of criminal law

2) belief beyond a reasonable doubt

3) government brings cases to court

4) fines, imprisonment, death penalty

1. US supreme court

2. US court of appeals

3. US district courts

The supreme court on average hears fewer than one hundred cases

With the writ of certiorari, the supreme court orders the records of a case from a lower court because they are willing to review it

90%

True

Oral arguements

Oral arguements are verbal arguements presented to the apellate court. Each attorney presents reasons why the court should rule in his favor

The chief justice assigns the task of writing the court's opinion to one of the justices

The most senior justice w/ the majority assigns the writing of the court's opinion

Per curiam opinion

The case becomes remanded to the original court of jurisdiction to remedy the error.

Remedy- new trial, dismissal of charges, or recalculated sentence

1. court of last resort

2. intermediate ourts apellate

3. courts of general jurisdiction

4. courts of limited jurisdiction

They are appointed by the governor and confirmed by upper chamber of state legislature. Others are appointed by partisian elections

Partisian election: election which candidates are affiliated with political parties

Judges in illinois are elected (10 years), higher up courts are appointed

The president

They serve lifetime appointments

False

Prosecuting attorneys can drop charges, add additional charges, reduce charges

During an initial apperance, the accused appears before a judge.

the defendant is 1) informed of the charges

2) advised of the right to counsel

3) told the amount of bail

The 8th amendment recognizes the concept of bail. It can be based upon factors such as Severity of crime, prior records, financial status)

It can be denied if the defendant is a flight risk, or for community safety

Provides for pretrial release of the accused and the defendant has to promise to appear at trial.

The defendant may arrange for a bail bondsperson to post a bail bon on the defendant's behalf

Bail bondsperson: an agent of a private commercial business that acts as a guarantee the defendant will return to court

50%

38%

10%

The prosecutor must prove that a crime was committed and link the defendant to that crime

Preliminary hearings, grand juries

An initial hearing in which a magistrate decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged

The group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which he has been charged.

A plea is when the prosecutor submits a motion toorder the defendant to appear before the trial court for an arraingment.

The 2 things necessary are info from the preliminary hearing or indictment (handed down by the grand jury)

over 90%

They are ideal becaue they reduce the time and cost associated with court cases, keep back-logged dockets moving

There is always a chance that the jury or judge will disagree

Its the best they can do for clients aside from helping them to gain acquitals. allows defendant a measure of control over his or her fate

Legal limits regarding the length of time between the discovery of a crime and the arrest of the defendant

The right to a speedy trial (120 days)

A bench trial is when the judge rather than the jury makes the decision

A jury trial is when the jury rather than judge makes the decision

Jury pool

Drawing together the venire

Voir Dire: the preliminary questions the trial attorneys ask prospectivve jurors to make sure they're not biased or have any connection to the defendant

1. pretrial motions

2. jury selections

3. opening statements

4. prosecutors case

5. defense case

6. rebuttal

1. surrebuttal

2. closing arguements

3. charge to the jury

4. deliberation

5. verdict

6. sentencing