CJ 275 EXAM 3 FINAL STUDY GUIDE

CJ 275 EXAM 3 FINAL STUDY GUIDE - CJ EXAM 3 KEY TERMS...

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CJ EXAM 3 KEY TERMS CHAPTER 7: INTERROGATIONS AND CONFESSIONS Custodial Interrogation - Questioning by law enforcement officials of people who are in government custody and not free to leave, and therefore must be given their MW before the start of questioning. Must be in custody and undergoing questioning. Nontestimonial Evidence - Evidence from a person, such as behaviors (e.g., slurred speech) or material extracted from their bodies (e.g., blood tests), that is not covered by the privilege against compelled self-incrimination because they do not constitute statements from the person about him- or herself. “Public Safety” Exception - Exception to MW requirements that permits police to immediately question a suspect in custody without providing any warnings when public safety would be jeopardized by taking time to supply MW. Testimonial Evidence - The type of evidence covered under the privilege of self- compelled incrimination because it consists of statements by the suspect that might otherwise be used against him or her in court. CHAPTER 8: RIGHT TO COUNSEL Adversary System - The legal process model employed in the U.S. in which the truth is presumed to emerge from the clash of opposing advocates in the courtroom, and therefore the attorney’s performance can be a central element in determining the fate of individuals drawn in to the court system. Contingency Fee - Compensation method for lawyers in some civil legal cases in which they take no money from the clients but, instead, take 30% of any settlement or reward plus reimbursement of expenses. First Appeal of Right - The initial appeal provided for under state law that typically is presented to an intermediate appellate court and for which indigents are entitled to representation supplied by the state. Indigent Defendants - Criminal defendants who are too poor to hire their own attorneys and therefore are entitled to have an attorney supplied for them by the state. Ineffective Assistance of Counsel - A difficult-to-prove rights violation claim asserted by convicted offenders who claim that their attorney’s performances were so inadequate that they failed to fulfill the requirements of the 6 th Amendment.
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Inquisitorial System - Alternative legal process model employed by many European countries in which the judge takes an active role in questioning witnesses and evaluating evidence so that the lawyer is less central in determining the outcome of the case. Parolees - Convicted offenders who have already served a portion of their sentence in prison before being released into the community to live at home under restrictive conditions, including daily or weekly meeting with a parole officer. Any violations of parole conditions can lead to a return to prison. Probationers
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This note was uploaded on 04/21/2008 for the course CJ 275 taught by Professor Dow during the Spring '08 term at Michigan State University.

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CJ 275 EXAM 3 FINAL STUDY GUIDE - CJ EXAM 3 KEY TERMS...

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