A charged defendant has this until the State meets its burden to prove them guilty beyond a reasonable doubt.
What is Presumption of Innocence?
100
Latin phrase meaning "I will not contest it." A criminal defendant does not directly admit guilt but submits to sentencing or other punishment.
What is nolo contendere?
100
Both states and the federal government are required to use the exclusionary rule to sanction noncompliance with the mandates of the Fourth Amendment.
What is Mapp v. Ohio?
100
Latin for "the law of retaliation", and the philosophical principle that punishments should be equal to the harm caused or "an eye for an eye".
What is lex talionis?
100
The ability of law enforcement to search a person and the area around the arrestee's immediate control when making a lawful arrest.
What is Search Incident to Arrest?
200
The type of evidence derived from the five senses.
What is Direct Evidence?
200
A plea that allows the Court to enter a guilty plea on behalf of the defendant while the defendant maintains their innocence.
What is an Alford plea?
200
Police must first obtain a warrant before attaching a GPS device to a vehicle and then monitoring the vehicle's movements.
What is U.S. v. Jones?
200
The view that certain, severe, and swift punishment with discourage other from similar illegal acts.
What is Deterrence Theory?
200
Police come across something while acting within their lawful duty, the item may be sued as evidence in a criminal trial without the requirement of a search warrant.
What is Plain View/Plain Smell?
300
The questioning of witnesses, using primarily open-ended questions to adduce evidence in a party's case-in-chief.
What is Direct Examination?
300
In return for the defendant's plea of guilty, the prosecutor allows the defendant to plea guilty to a less serious charge than the one originally charged.
What is Charge Bargaining?
300
the mobility of motor vehicles justifies warrantless searches of them if there is probable cause to believe that the vehicle contains contraband.
What is Carroll v. United States?
300
A concept that implies the payment of a debt to society and thus the expiation of one's offense.
What is Retribution?
300
Where there is probable cause to believe contraband or evidence of a crime is contained therein a warrantless search is permissible because of the mobility.
What is Motor Vehicle Search?
400
A type of challenge used by trial parties to exclude jurors that are limited in number.
What are Peremptory Challenges?
400
The defendant pleads guilty to some, but not all, of the counts contained in the charging document, which reduces the potential sentence.
What is Count Bargaining?
400
The Fourth Amendment does not prohibit the warrantless search and seizure of abandoned property, such as garbage left for collection outside a home.
What is California v. Greenwood?
400
The notion that punishment is intended to restore offenders to a constructive role in society based on the assumption that criminal behavior is a treatable disorder.
What is Rehabilitation?
400
A person, place, or movable may be lawfully searched by law enforcement if the owner voluntarily gives this.
What is Consent to Search?
500
The idea that juries have the right to refuse to apply the law in criminal cases despite facts that leave no reasonable doubt that the law was violated.
What is Jury Nullification?
500
The defendant pleads guilty knowing the sentence that will be recommended by the prosecution; the sentence in the bargain is normally less than the maximum
What is Sentence Bargaining?
500
A suspect's consent to a search of his or her vehicle extends to closed containers found inside that can hold the object for which police are searching.
What is Florida v. Jimino?
500
The use of rehabilitative programs, practices and techniques in correctional settings that have been empirically evaluated and determine to be effective interventions.
What is Evidence-Based Corrections or Cognitive Based Corrections?
500
Prohibits the government from conducting unreasonable searches and seizures without warrants based upon probable cause supported by an affirmation where with particularity the place and persons to be searched and items seized are listed.