Review

Criminal Justice 103 with Patchin at University of Wisconsin - Eau Claire

About this deck

By: Jess Schlender
Textbook:

The American System of Criminal Justice
Created: 2011-05-15
Size: 22 flashcards
Views: 25

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4th amendment

-Protection against unreasonable search and seizure

-Prisoners don't have this but juveniles do

5th amendment

-Protection against self-incrimination and double jeopardy

-Double jeopardy doesn't apply to criminial court and state court

-It does apply to juvenile and adult court

6th amendment

-Having the right to a speedy and fair trial, jury of your peers, and assitance of counsel

-Juveniles can have counsel but not a jury of their peers

8th amendment

Protection against cruel and unusual punishment and excessive bail and fines

Kent vs U.S.

-1st case to provide due process rights to juveniles

-Only applies to those who have been waived to adult court

In re Gault

Extended Kent ruling to all juveniles when they're incarcerated in any kind of detainment

Miranda vs Arizona

-Having your rights read to you

-Have to be read in custody and before you're interrogated

-Usually rights are read sooner than that however

Tennessee vs Garner

-Can't use deadly force on a fleeing suspect

-The exception is prison guards but they still have to be reasonable about it

Terry vs Ohio

-Officers are allowed to frisk you if looking for weapons

-Need reasonable suspicion, not probable cause

-Other things have to be felt, not taken off person and the officer has to be 100% sure they know what it is for it to be miscible in court

Mens rea

Intent, the guilty mind

Actus reus

Criminal act; did or failed to do something

Mala in se

-Wrong in itself

Ex. Murder, rape

Mala prohibita

-Wrong by law

Ex. Gambling, prostitution

Voir dire

-To speak the truth

-Used for questioning perspective jurors

Indictment

-Document that charges you with a certain offense

-Based on probable cause

-Formal charges filed

Arraignment

-Go to court to hear the charges against you

-Also can give your plea

Pardon

-Clears you of all charges

-Done by executive branch

Affidavit

-Written statement of fact

-Swearing that what you say is true

-Purjury if you lie under this

Strict liability

-Crimes where there's no requirement of intent

Ex. Statutory rape, parking ticket, speeding

Exclusionary rule

Any evidence found illegally can't be used in court

Comprehensive Crime Control Act

Inhibits funding of post-secondary education for prisoners

Prison Reform Litigation Act

Makes it hard for inmates to sue officers, probation officers, lawyers

About this deck

By: Jess Schlender
Textbook:

The American System of Criminal Justice
Created: 2011-05-15
Size: 22 flashcards
Views: 25

About StudyBlue

“Simply amazing. The flash cards are smooth, there are many different types of studying tools, and there is a great search engine. I praise you on the awesomeness.”
Dennis