Criminal Justice Exam 2
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| “bright line rule” | if you request an attorney during an interrogation, then they have to stop asking you questions at that point in time
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| Brown v. MS (1936) | White store owner robbed; people beat up a few black men in order to get them to confess to robbing the store
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| Interrogation | info gathering activity of police involving direct questioning (or any intelligence gathering activity)
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| Informants | (victim, witness, cell mate of offender) - ways to get intelligence
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| video/audio record interrogation | to make sure police aren’t crossing the line
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| Inherent coercion | pressure and hostility (ie, shining a light on you for hours, etc.)(can't use it)
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| Psychological manipulation | subtle intimidation (can't use it)
No sophisticated techniques
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| Right to counsel during questioning | “bright line rule” - if you request an attorney during an interrogation, then they have to stop asking you questions at that point in time
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| Waiving Miranda rights | knowing and intelligent waiver
Knowing your rights and understanding them; and still answering even though they’ve been waived
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| Inevitable discovery | would have found out what they needed to know whether or not someone confessed to it (ie, finding a body or something)
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| Public safety exception | don’t have to Mirandize in that situation
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| Non-suspects don’t have to be: | Mirandized
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| Police can lie during interrogation (T/F) | True
About physical evidence, polygraph tests, etc.
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| Electronic eavesdropping: | (definition) Tapping phone lines, wire taps, bugs in your house
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| The Patriot Act | Basically says we can check/track/listen to peoples’:
Voicemail
Internet
Roving wiretaps
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| Sneak and peak searches | Going in and searching and you not even knowing that anyone was ever there
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| Police subculture | “the set of informal values with characterize the police force as a distinct community with a common identity”
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| Dangers of police duty | Disease and biological incidents
Stress and fatigue -> suicide
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| Police authorized to use amount of force that is: | easonable and necessary given the circumstances
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| Warning shots should be fired (T/F) | False
only shoot to kill
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| Force factor | force by police relative to the suspect’s resistance (don’t use excessive force for the situation)
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| Less-lethal weapons | to disable, capture or immobilize without deadly force
Types – stunguns, tasers, rubber bullets, pepper spray
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| Racial Profiling and Biased Policing | Police initiate action based on race/ethnicity etc. rather than behavior
E.g. driving while black or brown (discriminating against non-whites)
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| Racial Profiling is banned (T/F) | True
except in terrorist suspects (doesn’t mean that it isn’t ever done)
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| What is law? | A product of rule creation and a guide for behavior
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| Purpose of law | Uphold fairness
Prevent victimization of innocents etc.
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| Statutory law | “law on the books”
Legislatively enacted
Laws written down are “codified”
Written form of criminal law - “penal code”
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| Case law | from judicial decisions (precedent)
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| Common law | unwritten precedent from everyday customs
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| The rule of the law Aka: supremacy of law | “the belief that an orderly society must be governed by established principles and known codes that are applied uniformly and fairly to all of its members”
No one is above the law
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| Criminal law Aka: penal law | “the body of rules and regulations that define and specify that nature of and punishments for offenses of a public nature or for wrongs committed against the state or society”
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| Substantive law | what constitutes crimes and punishments (what’s written down as the law)
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| Procedural law | methods for enforcing substantive law
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| Civil law (judge judy, etc.) | Governs relationships between parties; eg, contracts, wills, divorce, child support, negligence, etc.
Compensation, usually money
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| Tort | “a wrongful act, damage, or injury not involving breach of contract”
Personal wrong, not a crime
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| Plaintiff | brings suit v. defendant
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| Administrative law (business end of things) | Regulations created to control the activities of industry, business, and individuals
Eg, tax laws, health codes, building codes, custom laws, etc.
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| Felonies | serious crimes; eg, murder, rape, robbery, arson, etc.
prison > 1 year or death
loss of privileges; eg, owning firearms, running for public office, etc.
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| misdemeanors | minor crimes; eg, petty theft, possession of certain items (that could lead to a crime, ie burglar tools, drug tools, etc.), false report, etc.
jail <1 year or fine
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| infractions/offenses (city ordinances) | eg, jaywalking, traffic violations, nonuse of a seat belt, public urination, etc.
ticket and court
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| treason | “a US citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the US”
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| espionage | “gathering, transmitting, or losing of information related to the national defense in such a manner that the information becomes available to enemies of the US and may be used to their advantage”
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| inchoate offenses | incomplete or partial offenses
eg, conspiracy, attempt
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| actus reus | “guilty act”- the criminal act
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| mens rea | “guilty mind”- intent
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| Purposeful/intentional | to achieve some goal; harm may be unintended (ie, shooting someone but not intending them to die); eg, transferred intent
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| Knowing | action undertaken with awareness; certainty; felony homicide (ie, didn’t shoot the guy but he died from a heart attack b/c he was so scared)
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| Reckless | action increase risk of harm; probability; reckless driving
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| Negligence | should have known better; standard of care (ie, not feeding your kids/animals)
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| Concurrence | act and intent must occur together
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| Motive | reason for action
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| Strict liability | blame regardless of intent; eg, traffic offenses or statutory rape
She looked 18! Nobody cares… still going to be punished
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| Causation | concurrence of a guilty mind and a criminal act may cause crime
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| Legal cause | a cause must be close in time and space to the result
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| “victimless crimes” | social harm more than an actual crime (the person committing the crime is pretty much only hurting themselves)
Drug use
Prostitution
Gambling
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| A behavior can’t be criminal if: | a law has not been created yet
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| Ex post facto | laws that are created after the act
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| Attendant circumstances | facts surrounding an event
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| Corpus delicti | “the body of a crime”
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| State has to prove 2 aspects: | Certain result produced (a law was violated)
A person is criminally responsible
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| Self-defense | protection of one’s self or property from harm; reasonable force
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| Consent | the harm was done but it happened because someone told you to do it
Ie, someone consenting to being eaten
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| Duress (excuse) | if someone’s threatening you or your family
Like someone telling you to rob a bank and they’re holding you at gunpoint
So it’s like ok to do it
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| Mistake of law | you didn’t know the law… not an excuse
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| Mistake of fact | “she looked 18”
Too bad for you
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| Involuntary intoxication | if someone drugs your drink or w/e
But you didn’t do it to yourself
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| Unconsciousness | having a seizure and you’re driving and you hit someone and kill them, sleepwalking, etc.
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| Provocation | a person is emotionally enraged by another to unintentionally illicit a reaction
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| M’Naughten Rule | The person doesn’t know the difference between right and wrong
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| Irresistible impulse | I know the difference between right and wrong but I can’t fight the impulse/control yourself
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| Durham rule | actions that result from a mental disease or defect
Ie, PTSD, schizophrenia, child abuse, car accident, etc.
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| Substantial capacity | they lack the mental capacity to understand the wrongfulness of the act
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| Temporary insanity | I was insane just for that 30 seconds while I shot those ppl but now I’m ok
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| Diminished capacity | IQ, brain damage, car accident, etc.
Can’t understand or control behavior
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| Mental incompetence | Too incompetent to stand trial
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| Entrapment | illegal inducement to crime by law enforcement that person would not otherwise commit
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| Double jeopardy | can’t be tried for same offense more than once; different jurisdictions
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| The US has a dual court system (T/F) | True
State court
Federal court
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| US Magistrate Court | selected by district court judges - 8 years
Preliminary proceedings, initial appearances, set bail, issue warrants, everything but trying and sentencing
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| US District Court | 94 districts (Nebraska is 1); President nominates, Senate confirms, life appointment
Federal trials courts of original jurisdiction
Major violations - preliminary drug cases (29%), embezzlement and fraud
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| Federal question | violation of congressional statute (against our Bill of Rights, civil rights, at a national level); eg, social security, civil rights
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| Diversity of citizenship | between citizens of different states or US citizen and another country
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| Prisoner petitions | rights violated - conditions of confinement
Prisoners can now make petitions
They can petition for more freedoms, etc.
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| US Court of Appeals | intermediate appeals (hears all the cases)
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| US Supreme Court | (hears obviously not all the cases) nominated by President, confirmed by Senate, lifetime appointment
Reviews decisions of other appellate courts
Legal issue must involve a “substantial federal question”
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| Rule of 4’s | 4 judges must vote to hear a case
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| Chief Justice | highest judge
John Roberts
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| Most important person in the courtroom is? | prosecutor
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| Disclosure of evidence | required to hand over evidence that shows innocence of defendant (exculpatory evidence)
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| Conflicts of interest | Guy got the death penalty and the judge was sleeping with the prosecutor
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| Gideon v. Wainwright | Supreme Court appeal - 1963 - all indigent defendants entitled to court-appointed counsel in felony trials
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| Right to counsel is what amendment? | 6th amendment
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