CRIM 499: Senior Seminar Exam Guide 2023 with
complete solution
Crime trends and patters in US
1960-1980 crime increase, Crime has been declining since the 1990's, crime has
dropped then level off, property crime is more common, high crime years (15-34),
whites arrested more but blacks more LIKELY to be arrested
Size of the Criminal Justice System
2.24 million people employed through law enforcement, courts, and corrections
Cost of the CJS
Around or above 270 billion dollars
Structure of Criminal Justice System
1. Law Enforcement
2. Adjudication (Courts, lawyers, etc.)
3. Corrections (prisoners, prisons, corrections officers, parole officers, etc.)
Processing through the system
1. Booking
2. Initial Appearance.
3. Bail/Recognizance
4. Preliminary Hearing (evidence for trial)
5. Information/Grand Jury Indictment (probable cause)
6. Arraignment/Plea Bargaining (gulity or not guilty)
7. Pretrial Motions (procedural issues)
8.Trial
9.Sentencing
Common defenses in criminal cases
Automatism, mistake of fact, Necessity/Lesser harm, Insanity, self defense, Durress,
statue of limitations, alibi, entrapment
voir dire
Jury selection process of questioning prospective jurors, to ascertain their qualifications
and determine any basis for challenge.
Terry vs. Ohio
Allowed the police to stop and search a suspect if he has reasonable suspicion that the
person has committed a crime. (stop and frisk)
Mapp v. Ohio
Evidence illegally gathered by the police may not be used in a criminal trial
established exclusionary rule
Exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
unless- collected in good faith, inevitable discovery, for public safety
Furman v. Georgia
This 1972 Supreme Court case struck down all state laws allowing the death penalty
stating that they allowed for too much discretion on the part of the judge and jury
, resulting in lack of consistent administration of the penalty.
(later laws changed this)
Gregg v. Georgia
The 1976 Supreme Court decision that upheld the constitutionality of the death penalty,
stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did
not, therefore, believe that the death sentence constitutes cruel and unusual
punishment.
Gideon v. Wainwright
A person who cannot afford an attorney may have one appointed by the government
Weeks vs. US
The courts held that evidence obtained illegally by federal officers can not be used in
the federal courts.
no warrantless seizures, upheld exclusionary rule
Mirands v. Arizona
1966- supreme court decision stated that an accused person had to be informed of his
rights at the time of arrest
"miranda rights"
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
4th Amendment
Freedom from unreasonable searches and seizures
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process, self incrimination
6th Amendment
The right to a Speedy Trial by impartial jury, representation by an attorney for an
accused person, right to be informed of charges, right to cross examine witnesses
8th Amendment
No cruel and unusual punishment, excessive bail
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal
protection of the laws
extends broadest due process protections (citizenship for slaves)
Eras of policing
The Political Era (1840-1930)
The Reform Era (1930-1980)
The Community Era (1980 to Present)
Statutory Law
written law set down by a body of legislature or by a singular legislator
Law passed by the U.S. Congress or state legislatures
Common Law
complete solution
Crime trends and patters in US
1960-1980 crime increase, Crime has been declining since the 1990's, crime has
dropped then level off, property crime is more common, high crime years (15-34),
whites arrested more but blacks more LIKELY to be arrested
Size of the Criminal Justice System
2.24 million people employed through law enforcement, courts, and corrections
Cost of the CJS
Around or above 270 billion dollars
Structure of Criminal Justice System
1. Law Enforcement
2. Adjudication (Courts, lawyers, etc.)
3. Corrections (prisoners, prisons, corrections officers, parole officers, etc.)
Processing through the system
1. Booking
2. Initial Appearance.
3. Bail/Recognizance
4. Preliminary Hearing (evidence for trial)
5. Information/Grand Jury Indictment (probable cause)
6. Arraignment/Plea Bargaining (gulity or not guilty)
7. Pretrial Motions (procedural issues)
8.Trial
9.Sentencing
Common defenses in criminal cases
Automatism, mistake of fact, Necessity/Lesser harm, Insanity, self defense, Durress,
statue of limitations, alibi, entrapment
voir dire
Jury selection process of questioning prospective jurors, to ascertain their qualifications
and determine any basis for challenge.
Terry vs. Ohio
Allowed the police to stop and search a suspect if he has reasonable suspicion that the
person has committed a crime. (stop and frisk)
Mapp v. Ohio
Evidence illegally gathered by the police may not be used in a criminal trial
established exclusionary rule
Exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
unless- collected in good faith, inevitable discovery, for public safety
Furman v. Georgia
This 1972 Supreme Court case struck down all state laws allowing the death penalty
stating that they allowed for too much discretion on the part of the judge and jury
, resulting in lack of consistent administration of the penalty.
(later laws changed this)
Gregg v. Georgia
The 1976 Supreme Court decision that upheld the constitutionality of the death penalty,
stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did
not, therefore, believe that the death sentence constitutes cruel and unusual
punishment.
Gideon v. Wainwright
A person who cannot afford an attorney may have one appointed by the government
Weeks vs. US
The courts held that evidence obtained illegally by federal officers can not be used in
the federal courts.
no warrantless seizures, upheld exclusionary rule
Mirands v. Arizona
1966- supreme court decision stated that an accused person had to be informed of his
rights at the time of arrest
"miranda rights"
1st Amendment
Freedom of Religion, Speech, Press, Assembly, and Petition
4th Amendment
Freedom from unreasonable searches and seizures
5th Amendment
The Right to Remain Silent/Double Jeopardy, right to due process, self incrimination
6th Amendment
The right to a Speedy Trial by impartial jury, representation by an attorney for an
accused person, right to be informed of charges, right to cross examine witnesses
8th Amendment
No cruel and unusual punishment, excessive bail
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal
protection of the laws
extends broadest due process protections (citizenship for slaves)
Eras of policing
The Political Era (1840-1930)
The Reform Era (1930-1980)
The Community Era (1980 to Present)
Statutory Law
written law set down by a body of legislature or by a singular legislator
Law passed by the U.S. Congress or state legislatures
Common Law
