CRJ Final

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51 Terms
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True or false: A defendant has the right to waive their jury trial.
What must happen before a trial?
Judge must charge the jury
Which misdemeanor classification doesn't require a jury trial?
B or below
True or false: The majority of jurors can vote to convict a criminal.
False, must be unanimous
Juries in felony cases = ___ members
Juries in misdemeanor cases = ___ members
12, 6
\________ ________ cases are decided by the jury.
Death Penalty
What are the purposes of prison?
deterrence, punishment, rehabilitation, retribution, restoration
What are the four classifications of mens rea?
Intentional, knowing, reckless, criminally negligent
The first ten amendments to the Constitution are known as the _______ ___ ________.
bill of rights
This case made abortion federally legal.
Roe v. Wade
This case turned abortion rights over to the states.
Jackson v. Mississippi
This case established the 5th amendment (right not to self-incriminate) in modern times.
Miranda v. Arizona
This case established the Exclusionary Rule (federally)
Weeks case
This case established the Exclusionary Rule on a state-by-state basis
Mapp v. Ohio
This law prohibits the use of illegally obtained evidence in a criminal trial.
Exclusionary Rule
This case established a precedent for investigatory stops (stop & frisk, etc)
Terry v. Ohio
This case established a fair playing field for defendants with a chance of vindication.
Brady v. Maryland
Evidence that goes towards negating the defendant's guilt (exculpatory material) is known as _______ ___________.
Brady Material
What are some exceptions to the 4th amendment?
roadblocks, plain view doctrine, exigent circumstances, arrest
When do Miranda Rights apply?
custodial interrogation
This term applies to the illegal search and seizure of non-tangible information.
What is the "structure" of the federal court system?
District court, circuit court of appeals, supreme court
What is the "structure" of the New York court system?
supreme court, appellate division, court of appeals
All the evidence stemming from an illegal search is not admissible in court.
fruit of the poisonous tree doctrine
What are the two sources of law?
written law (statutes), judicial opinion (precedents)
What are the main components of the criminal justice system?
police, courts, prisons
Juries are _____________ when they are forced to stay at a hotel with no outside contact.
True or false: you can be charged twice for the same crime.
What is double jeopardy?
Being tried twice for the same crime
True or false: double jeopardy applies to criminal AND civil cases alike.
Does the 4th amendment apply to private citizens?
No, police and informants only
This amendment protects the freedom of speech
This amendment forms the basis of the "Exclusionary Rule".
This amendment gives defendants the right against self-incrimination.
This amendment includes the right to a jury trial, the right to know the charges against you, and the right to have the assistance of a lawyer.
What is the broken windows theory?
impoverished areas attract crime
True or false: The FBI keeps data samples for unsolved crimes.
What is the sole exception to double jeopardy?
Hint: OJ Simpson had to pay civil damages
federal sovereignty
What is the primary difference between criminal and civil cases?
beyond a reasonable doubt vs. prepondarence
consecutive vs concurrent sentences
back-to-back vs. simultaneous
True or False: Federal plea bargains are common.
False, state plea bargains are common
True or False: If convicted, felony charges always result in jail time.
You need a ___________ _______________ or ____________ _______________ before prosecuting at trial.
sworn statement, witness testimony
What is due process of law?
fair and equitable treatment
True or false: case law (judicial opinion) impacts sentencing.
Difference between robbery and larceny
threat of violence
How are state and federal cases written out?
People of state of New York vs.
United States vs.