criminal procedure Flashcards

Year of Constitution

Very first constitution 1778
September 1787, United States constitution was created

Bill of rights

Created in 1789, consisted of the first 10

Ex post factos

laws passed after the fact

Constitutional law

State and federal

Statuary law

Abide by the state law which you live in

Common law

Created by the judges

Administrative law

Rules that were created by government agencies

Jurisdiction

The authority to try a case on legal matters

Geographical jurisdiction

location of where crime is committed (State)
Venue: county itself

Limited jurisdiction

Misdemeanors , small claims

General jurisdiction

court can hear any case

Appellate courts

can appeal if amendments were violated

Bail

Promise that you're going to return back to court after being
released (8th amendment)

Real Evidence

Physical evidence ; evidence you can physically touch and see

Testimonial Evidence

Someone testifying in court

Demonstrative Evidence

Visual evidence or auditory evidence

Judicial Evidence

Evidence thats common sense

Beyond a reasonable doubt

Criminal Law

Preponderance of the evidence

Civil Law

Article of Confederation

Created to bind all 13 colonies, very first constitution 1778

Bill of Attainer

No punishment without a trial

1st amendment does not protect

Obscenity ( sexual explicit expression )

Police officers do not officially charge someone

True

Treason

Only crime defined by the constitution

Exclusionary rule

illegally obtained evidence must be thrown out

Motion to supress

preventing some evidence to go into court

Search

Looking for something incriminating

Seizure

Looking and taking something incriminating

Probable cause

Common sense that something is or had gone wrong

Who may issue search warrant

Judge
Judicial Officer
Magistrate

Search warrant

An order in writing

Affidavit

Document sworn by oath

Knock and announce

Required you have 10-20 seconds before an officer can forecefully
enter your home

Franks hearing

Tells you whether or not a warrant id valid

Burden of proof

Falls on the defense attorney

Anticicipatory warrant

asking to search something before the evidence gets there

sneak and peek

allow officers to sneak in a house to take pictures and leave