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what is comprehensive crime control act?
Creates a new procedure whereby a person who is found not guilty only by reason if insanity must be committed to a mental hospital until she or he no longer poses a danger to society.
100
What is the fourth amendment?
The right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures
100
Why was the fourteenth amendment flawed?
It did not seek to protect people from state and local officials, who of which handled the criminal cases
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What is incorporation?
The extension of the due process clause of the Fourteenth Amendment to make binding on state governments the rights guaranteed in the first 10 amendments to the U.S. constitution
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What is the purpose of bail?
To allow for the release of the accused while he or she is awaiting trial. The eighth amendment does not require all defendants to be released on bail, only the amount of bail shall not be excessive
200
What is procedural criminal law?
Defines how the state must process cases. Accused persons must be tried in accordance with legal procedures, which include providing the rights granted by the Constitution to criminal defendants
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What is the fifth amendment?
no self incrimination
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What is Barron v. Baltimore?
It is the case deciding the Bill of Rights apply only to actions of the federal government
200
Limits the ability of law enforcement officers to search a person or property in order to obtain evidence of criminal activity. It also limits the ability of the police to detain a person without proper justification
The fourth amendment
200
What is the model penal code?
The Model Penal Code (MPC) is a guideline by which all jurisdictions may model their particular criminal laws.
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What are the bill of rights?
The first 10 amendments added to the US constitution to provide specific rights for individuals including criminal justice rights concerning searches, trials, and punishments
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What is the sixth amendment?
Public and speedy trial is the right of the accused,
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What is Powell v. Alabama?
The case deciding that an attorney must be provided to a poor defendant facing the death penalty
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What is a grand jury?
Body of citizens drawn from the community to hear evidence presented by the prosecutor in order to decide whether enough evidence exists to file charges against a defendant
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What is legality?
There must be a law that defines the specific action
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What is self incrimination?
The act of exposing oneself to prosecution by being forced to respond to questions when the answers may reveal that one has committed a crime. 5th amendment protects against this
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What is the eighth amendment?
Excessive bail shall not be required nor excessive fines imposed, nor cruel and unusual punishments inflicted
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What is fundamental fairness?
A legal doctrine supporting the idea that so long as a state's conduct maintains basic standards of fairness, the Constitution has not been violated
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What is Gideon v. Wainwright
Case deciding that indigent defendants have a right to counsel when charged with serious crimes for which they could face six or more months of incarceration
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What is concurrence?
The intent and the act must be present at the same time
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What is double jeopardy?
The subjecting of a person to prosecution more than once in the same jurisdiction for the same offense; prohibited by the Fifth Amendment
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What is the fourteenth amendment?
addresses citizenship rights and equal protection of the laws
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What is the due process revolution?
Through the process of incorporation the Supreme Court during the Warren Court era declared that elements of the Fourth, Fifth, Sixth and Eighth and other amendments were part of the due process clause of the fourteenth amendment
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What is the issue with the right to a speedy and public trial?
The word speedy is vague, the supreme court recognizes that the interest of quick process may conflict with other interests of the defendant
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What is punishment?
There must be a provision in the law calling for punishment of those found guilty of violating the law
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