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march criminal law2
| Question | Answer |
|---|---|
| ARREST | the taking of a person into custody by a lawful authority against his or her will for the purpose of criminal prosecution or interrogation |
| ARREST AUTHORITY | the officer must be authorized to make the arrest; invalid arrests can arise in the following cases: 1. when the police officer mistakenly thinks he has the authority to arrest when he in fact does not; 2. when the officer knows that he is not authorize |
| INTENT TO ARREST | this exists in the mind of the police officer; if their restraint on a person's liberty is nothing more than a minor and temporary inconvenience and he had no intent to take the person into custody, there is no arrest |
| CRITICAL STAGE OF THE PROSECUTION | is not necessarily a fixed point in time. In Pennsylvania the Sixth Amendment right to counsel begins at the preliminary hearing unless police have questioned the suspect beforehand; in that case the right of counsel begins with the first question of any |
| CHANGE OF VENUE | the trial is moved to another court district (or county) that is far enough away so that residents are fairly unaware of the case; very expensive since the entire court (judge, accused, prosecutor, defense attorney, staff, bailiff, court stenographer, cle |
| CHANGE OF VENIRE | a jury (plus alternates) is brought in from a nearby district (or county) to the place where the crime was committed and the trial will be held, costs are lowered tremendously and the accused still has an impartial jury; this is the method most frequently |
| JURY LOADING | this is a practice in which jurors are examined, sometimes extensively and in great detail by hired experts (psychologists) to identify those prospective jurors that might be more sympathetic to their side of the case |
| CHALLENGE TO ARRAY | this is a group challenge in which an attorney contends that an entire panel of prospective jurors has been contaminated and is asking that the entire panel be dismissed, this type of challenge is very rarely used |
| CHALLENGE FOR CAUSE | this is an individual challenge in which an attorney contends that a prospective juror should be excused or disqualified for some good reason, the two (2) most common reasons for excusing a prospective juror are bias and prejudice |
| BIAS | a feeling in favor of or against an individual or group (e.g. we tend to make excuses for people we know or like) |
| PREJUDICE | a preconceived notion that interferes with objective evaluation of information (e.g. stereotyped ideas about a minority group) |
| PEREMPTORY CAUSE | this is a "hunch" type of challenge directed at an individual. Lawyers, like other skilled and experienced professionals, must occasionally rely on the instinct they have acquired over the years |
| STATUE OF LIMITATIONS | law providing that a crime must be prosecuted within a certain period of time has run out on a crime |
| DOUBLE JEAPRODY | if the accused (witness) has been acquitted within that jurisdiction for that offense and , therefore, cannot be prosecuted |
| IMMUNITY | if the individual has been given a guarantee by the government that he will not be prosecuted in a criminal case (either fully or partially based upon the testimony given) |
| INTELLIGENT WAIVER | means one given by a suspect who knows what he or she is doing and is sufficiently competent to waive their rights |
| VOLUNTARY WAIVER | means one that is not the result of any threat, force, or coercion and is made of the suspect's own free will |
| CUSTODIAL INTERROGATION | means that the individual must be in custody and under interrogation. Although one phrase, these are two (2) distinct terms that must be viewed and discussed separately |
| FUNCTIONAL EQUIVILENT OF INTERROGATION | no questions are actually being asked by the police, but rather the police create circumstances that are conducive to making a statement or giving a confession (e.g. the "Christian Burial" speech) |
| MISTRIAL | a trial which has been terminated and declared void prior to the jury's returning a verdict (or the judge's declaring the verdict in a bench trial) due to some extraordinary circumstance (such as the death or illness of an attorney, judge, or an excessive |
| DISCOVERY | a modern pre-trial procedure by which one party gains vital information concerning the case held by the adverse party; the disclosure by the adverse party of facts, deeds, documents, physical evidence, witnesses (including true name, address, and occupati |
| SUBPEONA | a court order directing a person to appear in court for the purpose of giving testimony or presenting/explaining physical evidence |
| SUMMONS | a court order requiring the appearance of a defendant in an action or case in court under penalty of having judgment entered against him for failure to do so; in criminal cases it can require a defendant to appear in order to answer charges |
| BAIL | sum of money or property put up with the court to guarantee the appearance of an accused person at trial; it thereby obtains that person's release from jail; at the same time it relieves the state of the financial obligation of caring for him |
| CAPIAS (BENCH WARRANT) | when bail is revoked a person loses the money/property they has put up (it goes to the government); this warrant is issued for a persons arrest |
| CAPITAL CRIME | an offense for which the death penalty may be imposed |
| DUE PROCESS | while the term has no exact fixed meaning and may vary from one proceeding to another, the concept does denote a "fundamental fairness" in the application of lawful procedures in criminal prosecutions |
| EQUAL PROTECTIONS | the guarantee that the legal system shall not deny to any person or class of persons the same treatment as other persons or classes of persons in the same or similar situation; of particular significance are the circumstances of race, ethnicity, religion, |
Created by:
silmab