Criminal Justice Note Questions

  1. Purpose of 4th Amendment
    provides protection against unreasonable searches and seizures
  2. reasonable expectation of privacy
    government search interferes w/ the individual's interests that are normally protected from the government examination
  3. Arizona v. Grant
    warrantless searches are per se unreasonable, except when certain exceptions apply
  4. warrant requirements
    • based on oath or affirmation
    • supported by probable cause
    • particularly describe the place
    • signed by a neutral and detached magistrate
  5. two standards of proof
    • Reasonable Suspicion: hunch based on specific facts
    • Probable Cause: a reasonable amount of suspicion supported by strong circumstances
  6. Exceptions to warrant
    • Stop and frisk
    • Searches incident to arrest
    • Exigent Circumstances
    • Plain View Doctrine
    • Automobile searches
    • Check Points
    • Consent
  7. government officials examination of and hunt for evidence on a person or in a place in a manner that intrudes on reasonable expectation of privacy
  8. Situations in which police officers use their authority to deprive people of their liberty or property and which must not be unreasonable according to the 4th amendment
  9. three forms of seizure
    • arrest
    • property taken away
    • stop
  10. Miranda warnings
    Prior to any interrogation in custody a person must be warned: right to remain silent, statements may be used against you in court, right to attorney, either retained or appointed
  11. Miranda v. Arizona
    supreme court devised procedures to assure that the individual is accorded his privilege under the fifth amendment to the constitution not to be compelled to incriminate himself
  12. When is Miranda required
    • Custody: freedom of movement limited to an extent associated with a formal arrest
    • Subject to Interrogation: verbal statements, explicit questioning that may lead to incriminating statements
    • Government Agent: yes
  13. Howes v. Fields
    No Miranda warnings required in jail interrogations
  14. The exclusionary rule
    any evidence obtained in violation of 4th, 5th, and 6th amendment is inadmissible
  15. Mapp v. Ohio
    Any evidence obtained by search and seizure in violation of the constitution is inadmissible in state court
  16. Exceptions to exclusionary rule
    • Good Faith exception
    • Inevitable discovery
  17. function of the courts
    • norm enforcement
    • dispute processing
    • policy making
  18. Who is the fact finder in criminal trial
  19. adversarial setup
    contest between accuser and accused; judge is the referee
  20. inquisitorial setup
    criminal trial is an continuing investigation, judge is impartial inquisitor
  21. role of accuser in adversarial
    state: "continuance" of private vengeance.
  22. role of accuser in inquisitorial
    state: in "substitution" of private vengeance
  23. how is truth determined in adversarial
    Arising from competition in trial- result: legal truth
  24. how is truth determined in inquisitorial
    arising from continuing investigation before and during trial. End result: factual truth
  25. power in adversarial
  26. power in inquisitorial
    concentrated in Judge
  27. level of cooperation in adversarial
    neither expected nor required
  28. level of cooperation in inquisitorial
    a bit expected, not required
  29. trier of fact in inquisitorial
  30. who has the burden of proof
  31. prosecutor's dilema
    upholding justice v. pressing charges vigorously
  32. why score-keeping mentaliy
    • measure of success
    • career advancement
    • campaigns for reelection
  33. whats the principle of legality
    Every case has to be brought before a court
  34. View of William Blackstone
    better that ten guilty persons escape that one innocent suffer
  35. Defense dilema
    protect rights of defendant v. violating ethical and moral standards
  36. types of defense
    • Private: law firm
    • Public: public defender, assigned counsel, contract
    • pro se: defend yourself
  37. why plead guilty
    • tired of being locked up
    • legal funds run out
    • reduced sentence
    • mental impairment, coercion, duress
    • fear of additional charges
  38. Bordenkircher v. Hayes
    state prosecutor can threaten additional charges defendant does not plead guilty to original charged offense
  39. going rate
    local view of proper sentence for crimes in a county
  40. when does plea bargaining usually occur
    after arraignment and before trial
  41. Criticism of plea bargaining
    • accused skips ajudication
    • no determination of legal guilt
    • right to trial in penalized
    • innocent people are pressured
    • prosecutor assumes position of fact finder
    • negotiations are conducted in private
  42. jury selection
    voir dire: peremptory challenges or challenges for cause
  43. 6th amendment
    for all criminal prosecutions, speedy trial by impartial jury of state and district
  44. why is jury passive
    no right to ask questions , investigate, or notes
  45. problem areas of jury
    • jury of impartial not peers and underrepresentation of minorities
    • Peremptory challenges
    • Evidence presented in illogical order
    • prejudice and bias
    • Jury instructions
Card Set
Criminal Justice Note Questions