CRIM 230 1st EditionFinal Exam Study Guide ChaptersChapter 1: - Bail: security (money or bail bond) given as a guaranteed that a released prisoner will appear on trial. - Crime: any violation of criminal law - Arraignment: stage of the criminal process where the defendant is formally told he charges and allowed to enter a plea. - Appeal: review of lower court, decision by a higher court. - Crime Control Model: perspective on crim law justice process based on the proposition that the most important function of crim justice is repression of crime, focusing on efficiency as a principle measure. - Due Process Model: philosophy of crim justice based on the assumption that an individual is innocent until proven guilty and has a right to protection from arbitrary power of the state. - What is the Grand Jury? Group of citizens who decide whether a person accused of crimes should be indicates or not. - How much money is spent annually from Criminal Justice Systems in the US? $228 Billion. - The 3 components of criminal justice system: corrections, courts, police. - Who is considered the courthouse actors? Prosecutors, defense attorneys, defendants, and victims. - Role of a Prosecutor: public official who represent the state in a critical action. ONLY official to work w/ all actors of the crim just system. - Role of Defense Attorney: an advocate for the accused, charged with protecting his client’s interests and making sure the law works as it should. - Role of Judge: Ultimate decision is made by them except in a jury trial.- Who is the ultimate authority in the court room? The Judge- When is Bail taken place? During the initial appearance Chapter 2:- Law: body of rules enacted by public officials in a legit manner and backed by a force of the state. These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Stare Decisis: “let the decision stand”. Doctrine that principles of law est. in earlier judicial decisions should be accepted as authoritative in similar subsequent cases. - Constitution: fundamental rules that determines how those who govern are selected, the procedures how they operate, and limits to their power. - Probable Cause: circumstances inducing a reasonable person to believe someone has committeda crime. (part of the 4th amendment).- Tort: a private/ civil wronf not arising as a result of a breac of contract, where defendant’s actions casued the injury to the plaintiff or to property. - Actus Reus: “Guilty Act”. Requirement that, for an act to be considered criminal, the individual must have committed a voluntary act, omission, or state of knowing position prohibited by criminal law. - Mens Rea: “Guilty Intent”. The mental state of intent required to form crime. - Level of proof needed for conviction of a criminal case (also known as Beyond Reasonable Doubt): more suspicion, reasonable suspicion, probable cause, preponderance of evidence, clearand convincing evidence, beyond reasonable douby, beyond all doubt.Chapter 3:- Appellate Court: court that hears appeals from trial courts on points of law. - Trial Courts: judicial body w/ primarily original jurisdiction in a civil or criminal case. Included juries and evidence. - Supreme Law in the US: The US Constitution- Highest Court in the US: The Supreme CourtChapter 6:- Prosecutor (chapter 6’s definition): public official who represents the state in critical action. Only official who works with all actors of the crim just system. Find Justice. - Extralegal Factors: race, ethnicity, sex, and socioeconomic status, associated with differential treatment by the criminal just system, affecting the case proceedings, outcomes, and sentences.- US Attorney General: head of the department of justice; nominated by the President and confirmed by the senate. - Exculpatory Evidence: evidence that tends to show the innocence of the defendant. - Legal Factors in charging decisions: seriousness of offense, strength of evidence, culpability of defendant, degree of harm of offense and punishment, and availability of prosecution. Chapter 7:- 6th Amendment: right to council, speedy and public trial by an impartial jury of the state and district. Applies to all criminal proceedings. - Indigent: those who are too poor to pay any attorney and are entitled to have one provided for them for free. (70% nationally)- Gideon v Wainwright (1963): defense attorney will be appointed to defendant have a right to one. Indigent defendants have the right to court pointed counsel. Applies in felony criminal proceedings. - Contract Systems for providing public defenders: attorneys hired to provide services for a specified dollar amount. Common in small countries. Chapter 8:- Responsibilities of Judges: makes sure the system operated fairly and impartially. Chapter 9:- Indiana v Edwards (2008): Supreme Court held that the standard for competency to stand trial was not linked to the standard for competency to represent oneself. - Characteristics of criminal defendants: mostly male, young, minority, unemployed, single, and underclass.- Percentage of women that make up criminal defendants: 25.5%Chapter 10: - Uniform Crime Report: most publicized/ widely used measure of crime. Every year policing agencies report ummary-based measures of crime within their jurisdictions to the FBI.- Function of a Grand Jury: a group of citizens who decide whether persons accused of crimes should be indicated (true bill) or not (no true bill).Chapter 11:- Exculpatory Evidence: any evidence favorable to the defendant at trial. Cast doubt on defendant’s guilt or by mitigating their culpability, reducing sentences. - Impeachment Evidence: evidence that casts doubt on the credibility of a witness.- Exclusionary Rule: prohibits the prosecutor from using illegally obtained evidence during the trial.- Fruit of the Poisonous Tree: evidence directly obtained as a constitutional violation; fruit is obtained through knowledge gained from first illegal search, arrest, confrontation, etc. - Inevitable Discovery: allows illegally obtained evidence to be admitted if it would been discovered by lawful means.- Custodial Interrogation: any questioning by law enforcements after suspect has been arrested and must be told their Miranda rights; also means they are free to leave and being questioned by the police. - Unreasonable Search and Seizure: 4th amendment provides protection against
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