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QuestionAnswer
Searches and Seizures Legal term, found in fourth Amendment, generally refers to the searching & confiscating of evidence by law enforcement.
Probable Cause Reasonable grounds to believe the existence of facts warrenting actions, such as search & arrest.
Exclusionary Rule A rule were evidence obtained in violation of the accused rights under the 4th,5th,6th Amendments,and any evidence obtained through illegal means, is not admissible.
Fruit of the poison tree Illegally obtained evidence is inadmiiible in court.
"Good faith" Exception Legal princible, saying that evidence obtained with a technically faulty search warrant, is admissible in court if police acted in good faith when seeking warrant.
Stop Brief detention of a person by law enforcement for questioning, must have reasonable suspicion.
Frisk A pat-down or minimal search by police to discover weapons, to protect the officer & citizens.
Arrest To take into custody a person suspected of criminal activity.
Exigent Circumstances Situations that require exceptional actions by police. Officers are justified in not following procedual rules, pertaining to search & arrest warrants.
Search The process by which police examine a person or property to find evidence used to prove guilt.
Seizure The forcible taking of a person or property in response to a violation in law.
Searches Incidental to Arrest Searches for weapons and evidence of persons who have just been arrested. Evidence is admissible if found in immediate vicinity of supect.
Electronic Surveillance The use of elictronic equipment by law enforcement to record private conversations.
Custody The forceful detention of a person, or perception that a person is not free to leave the immediate vicinity.
Custodial Interogation Miranda rights must be read before questioning, The questioning of a suspect already in custody.
Jurisdiction The authority of a court to hear and decide cases within an area of the law, geographic territory.
Trial Court Courts in which most cases usually begin and in which questions of fact are examined.
Appellate Court Courts that review decisions made by lower courts, such as trial court.
Opinions Written statements by the court expressing the reasons for it's decision in rhe case.
Dual court system The separate but interrelated court systems of the U.S., made up of national and state levels.
Judicial Review The power of the court "supreme court" to review the actions of the executive & legislative branches, if necessary declare the actions unconstitutional.
Writ of Certiorari A request from a higher court of a lower court, asking for the record of a case.
Rule of Four A rule of the supreme court, it will not issue a Writ Certiorari unless four justices approve.
Oral Arguments The verbal argument made by attorneys to an appellate court. Presenting reasons why they should rule in their favor.
Concurring Opinions Separate arguments prepared by judges supporting the majority of the court, to clarify a point, voice disapproval.
Dissenting Opinions Separtae opinions by judges disagreeing with the conclusion reached by the majority.
Docket The list of cases entered on a court's calendar, thus schedualed to be heard by the court.
Partisan Election Elections in which candidates are affiliated with and receive support from political parties.
Nonpartisan Elections Elections in which candidates are presented on the ballot without party affiliation.
Missouri Plan A method of selecting judges that combines appointment and election.
Judicial Misconduct Behavior that diminishes puplic confidence in the judiciary. like {bribery or consorting with felons}.
Recusal The withdraw of a judge from legal proceedings, impartiality might reasonably be questioned.
Courtroom Work Group The social organization consisting of the judge,prosecutor,defense attorney.
Public Prosecutor Individuals, acting as trial lawers, they initiate and conduct cases inthe government's name.
Attorney General The chief law officer of the state.
Defense Attorney The lawer representing the defendant.
Public Defender Court appointed attorneys who are paid by the state to represent the defendant.
Preliminary Hearing A hearing were a magistrate decides if there is probable cause the defendant commited the crime.
Indictment A charge or written accusation, issued by the grand jury, that probable cause exist.
Case Attrition The process where prosecutors decide whether to prosecute each person arrested.
Arraignment A court proceeding in which the suspect is formally charged with the criminal offence.
Boykin Form A form that must be completed by defendants pleading guilty.
Statute of Limitations A law limiting the amount of time prosecutors have to bring criminal charges against a suspect.
Master Jury Trial The list of citizens in a court's district from which a jury can be selected.
Venire The group of citizens from which the jury is selected.
Voir Dire The preliminary questions asked by lawers to prospective jurors for bias or conection to defendant.
Peremptory Challanges VOIR DIRE challenge to exclude potential jurors from serving on the jury.
Lay Witness A witness that can accurately testify on a fact in question without specialized training.
Hearsay An oral or written statement made by an out-of-court declarant that is later offered in court by a witness.
Charge The judge's instructions to the jury following the attorney's closing argument.
Hung Jury A jury whose members are so irreconcilably divided that they can not reach a verdict.
Allen Charge An instruction by a judge to a deadlocked jury.
Appeal The process of seeking a higher court's review of a lower court's decision.
Created by: luvaman35