Before an officer can search an individual they must first establish...
Probable Cause
100
The 4th amendment protects against what?
Unreasonable search and seizures.
100
A court order commanding a person to be taken into custody is an
arrest warrant
100
Miranda v Arizona established what procedure?
The reading of one's Miranda Rights after being arrested and before being interrogated.
100
What percentage of trials are settled by plea bargaining?
90-95%
200
If law enforcement has reasonable suspicion that a person is engaged in criminal activity, an officer may
Stop and question a person
200
Which amendment protects against excessive bail?
8th Amendment
200
What is information? What is it based on?
Formal criminal charge filed with the court by the prosecutor without the aid of a preliminary hearing or grand jury. Based on evidence gathered by the prosecutor.
200
For a teacher to be able to search your bag all that they need is what?
Reasonable Suspicion
200
What is bail? What does it guarantee?
Sum of money given in exchange for temporary release from jail. Money is seen as a guarantee that the person will appear for trial.
300
What is the exclusionary rule?
Evidence that was obtained through illegal measures cannot be used in trial against the defendant.
300
This amendment protects the privilege against self-incrimination
The 5th amendment
300
What is the bail reform act?
Prevents a person from being released from jail if charged with a federal felony offense and believed to be dangerous
300
Failure to be read one's Miranda rights means that...
Statements made by a defendant cannot be used against him or her at trial
300
Explain what a grand jury indictment is.
Group of 16-23 charged with determining whether there is sufficient cause to believe that a person has committed a crime and should stand trial. Indictment- formal charge of criminal action
400
Give two examples of when an officer does NOT need a warrant to conduct a search or seize an item
Individual consents to search; When an officer is in hot pursuit; When an object is in plain view; Under emergency/immediate circumstances
400
This amendment guarantees the right to a lawyer and numerous rights regarding trial
The sixth amendment
400
What are the 4 pre trial motions that an attorney can make?
Motion of discovery of evidence, motion for continuance, motion for change of venue, motion to suppress evidence
400
In New Jersey v TLO the supreme court established what?
That student's rights are different than adult's rights in school.
400
Explain what the two theories of punishment are
Two theories of punishment are utilitarian and retributive. Utilitarian focuses on what's best for society. Retributive focuses on payback, someone who has committed a crime must be punished for it.
500
What are some of the requirements needed to be met before a warrant is issued?
Probable Cause; All areas to be searched/items to be seized must be specifically described; Must be issued by a judge
500
This amendment guarantees due process of law to everyone and incorporated the bill of rights to the state courts.
The 14th Amendment
500
The most important decision at the initial appearance is whether to
release the defendant from custody
500
One's Miranda rights are based on clauses found in the first 10 amendments of the Constitution. List the the Miranda rights and match it to the corresponding amendments.
Right to remain silent, 5th amendment; Right to an attorney/have an attorney present, 6th amendment
500
What is being let out on "personal recognizance"?
Person is released from jail without having to pay bail. Person is seen as a low risk of not showing up to trial.