Exam 8: Concepts of Criminal Procedure

Witnesses must provide testimony in open court and be subject to cross-examination.

All states use a grand jury system.

This ensures that all accused persons will have their day in court, and that the court will hold all responsibility for determining whether or not persons are guilty, based on evidence introduced at trial.

John Thibaut and Laurens Walker argue that:

Talk About: -Custody

Talk About: -Double jeopardy

Talk About: -Fruit of the poisonous tree

In this type of justice, playing by a set of predetermined, mutually agreed upon, fair rules is what is important.

Talk About: -Ex post facto

A person refuses to testify against himself at his own trial. This is legal due to:

A person's perception of whether a decision-making process was fair depends on several attributes. One attributes is whether the authorities were seen as unbiased, honest, and principled. This is known as:

The U.S. Constitution, comprised of a Preamble and seven Articles, was originally adopted in 1787.

What do most scholars feel is needed in addition to Tyler and Maiese's four criteria in order to make criminal justice more legitimate?

Talk About: -Reasonable expectation of privacy

Someone acquitted of homicide charges in criminal court can still be sued for wrongful death in civil court, which uses a lower burden of proof.

When considering procedural justice, generally, accuracy is not the only important goal of the system.

In the Crime Control Model, the focus is to get the offender through the criminal justice process as quickly and efficiently as possible.

There are problems with the participation model. An example of a problem are:

Talk About: -Imperfect procedural justice

Arguably, no other provision in the U.S. Constitution is more important to procedural justice than the Fourteenth Amendment, in light of its guarantees of due process and equal protection.