POL 220 Chapter 15: Criminal Procedure Before Trial

clause in the Fifth and Fourteenth Amendments to the U.S. Constitution that protects people from government actions that would deprive them of basic rights

what are the 2 areas of due process

ensures fair proceedings in the criminal justice system, such as the right to a speedy trial, right to assistance of counsel, right to a jury trial

protects personal property from governmental interference or possession

when two ideas are incorporated, they become one concept

written order of court allowing law enforcement officers to search a certain place, or search or arrest a certain person

an out-of-court statement offered in evidence to prove the truth of the matter asserted

exists when an officer has a reasonable basis for the belief that a person should be searched or arrested

exceptions to warrant requirement (4)

person in the process of committing a crime

emergency that requires immediate action; such situations do not allow law enforcement enough time to get a warrant

law enforcement officers may follow a suspect into an otherwise protected area, such as a residence; when officers are in hot pursuit, they may make warrantless arrests and seizures

officers can seize contraband items in plain sight

physical seizure of a person by the government

rule that excludes evidence acquired in violation of constitutional protections

process used by law enforcement officers to elicit information from a criminal suspect

voluntary statement made by a person charged with a crime, acknowledging they are guilty of the charge

5th amendment of the Constitution prohibits the government from making a person become a witness against themself

hearing where the criminal defendant comes before the court to enter a plea; it is a hearing in open court where the information and/or indictment is read and the defendant is asked to plead

criminal defendant’s response to the charges against them

process of asking questions and locating evidence

process after arrest when the police enter formal charges against a defendant

amount of money set by the court, payment of which

document that charges a defendant with a crime

a non-oral statement of facts that is confirmed by affirmation or oath of the person making the statement

first court appearance of a criminal defendant after the arrest

second appearance before the court; purpose is to establish that probable cause exists

jury that is called upon to receive and review accusations and complaints in criminal matters; this jury will hear evidence and issue indictments

2 types of formal charges

an accusation made by a prosecutor against a criminal defendant that does not involve a grand jury

written accusation given by a grand jury to the court in which it is impaneled; a criminal charge against a defendant that must be proved at trial

device used to provide a defendant with a statement of the facts enumerating the specific acts charged