Criminal Law & Procedures Flashcards

What is the primary purpose of criminal law?

Answer: Define prohibited conduct and penalties

Criminal law serves as the framework for maintaining public order and safety within society. Its primary purpose is to clearly define which actions are considered illegal (prohibited conduct) and to establish the corresponding punishments or penalties for those who commit such acts. This provides a clear deterrent, protects citizens, and establishes a system for justice and accountability.

What is 'probable cause'?

Answer: Reasonable grounds

Probable cause is a legal standard required for police to make an arrest, conduct a search, or obtain a warrant. It means having reasonable grounds, based on facts and circumstances, to believe that a crime has been committed or that evidence of a crime exists in a particular location. This standard is higher than mere suspicion but lower than proof beyond a reasonable doubt, balancing individual rights with law enforcement needs.

What is the exclusionary rule?

Answer: Exclude illegal evidence

The exclusionary rule is a legal principle in the United States that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a criminal trial. Its purpose is to deter law enforcement from conducting illegal searches and seizures, thereby upholding the Fourth Amendment. This rule ensures that evidence is obtained lawfully and protects citizens from governmental overreach.

What rights does Miranda v. Arizona protect?

Answer: Right to silence and counsel

The landmark Supreme Court case Miranda v. Arizona established that individuals in police custody must be informed of their constitutional rights before interrogation. These 'Miranda rights' specifically include the right to remain silent (Fifth Amendment protection against self-incrimination) and the right to have an attorney present during questioning (Sixth Amendment right to counsel). This ensures suspects are aware of their protections against coerced confessions.

What is the difference between misdemeanor and felony?

Answer: Felonies are more serious

The distinction between a misdemeanor and a felony lies in the severity of the crime and the potential punishment. Felonies are considered more serious offenses, typically punishable by imprisonment for more than one year, often in a state prison, and can result in significant fines and loss of civil rights. Misdemeanors are less serious crimes, usually punishable by less than a year in a local jail or fines, reflecting their lesser impact on society.

What constitutes an arrest?

Answer: Taking into custody

An arrest occurs when a person is taken into custody by a law enforcement officer, signifying a significant deprivation of their freedom. This involves more than a brief stop or questioning; it implies that the individual is no longer free to leave and is being detained for the purpose of being charged with a crime. The act of taking into custody triggers certain legal rights and procedures, such as Miranda warnings.

What is a search warrant?

Answer: Court order for search

A search warrant is a legal document, issued by a judge or magistrate, that authorizes law enforcement officers to conduct a search of a specific location or person for specific items. It is based on probable cause, ensuring that searches are not arbitrary and respect individuals' Fourth Amendment rights against unreasonable searches and seizures. This judicial oversight is a critical safeguard against unwarranted intrusions.

What is the purpose of arraignment?

Answer: Charge and plea entry

An arraignment is the first court appearance for a criminal defendant after an arrest. During this proceeding, the defendant is formally informed of the charges against them and is given the opportunity to enter a plea (guilty, not guilty, or no contest). It marks an important step in the judicial process, ensuring the defendant understands the accusations and can begin to prepare a defense.

What does 'due process' guarantee?

Answer: Fair judicial treatment

Due process is a fundamental constitutional guarantee that ensures all individuals receive fair treatment and protection under the law. It requires that legal proceedings be conducted fairly and impartially, safeguarding individuals from arbitrary government action. This includes rights like notice of charges, the opportunity to be heard, and access to legal counsel, ensuring justice is administered equitably.