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protection against double jeopardy
can't be on trial for the same crime twice
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Exceptions to the no double jeopardy rule:
- 1. released before trial but later arrested for the same crime
- 2. hung jury-can't decide
- 3. many charges for one act
- 4. appear in federal and state court.
- 5.appear in criminal and civil court
- 6. Appear in a higher court
- 7. government appeal to get a higher sentence
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Protection against self incrimination
- can't be forced to be a witness against yourself or your spouse
- often named as taking a 5th
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Exceptions to the right against self incrimination:
- apear in a police lineup
- repeat words to a witness to ID a voice
- Immunity=free from punishment in return from testifying
- Non-testimonial evidence=not related to speaking
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What are some examples of non-testimonial evidence
fingerprinting,blood/DNA samples,handwriting
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does a person have to take a lie detector test?
no
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Miranda vs ariizona
suspect must be informed of his rights
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miranda warnings
- 1 you have the right to remain silent
- 2 anything you say and do can and will be used against you in a court of law
- 3 you have the right to an attorney
- 4 if you cannot afford an attorney one will be appointed for you
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when does a person need to be given the Miranda warnings by the police
in the custody of the police and being interrogated(questioned)
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What about questioning down at the police station
A if a person voluntarily goes down to the police station-
B if the police order a suspect to go down to the police station
- A do not have toi give them
- B must be given
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waiver
voluntarily give up your rights
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when can a waiver be stopped
anytime
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conduct/actions of the police
if the police do any of the following to a suspect a voluntary confession can still be thrown out
- physical force or threats
- unrealistic promises
- confine to a small area
- deprive of basic needs(food drink sleep bathroom)
- interrogate for an extremly long time
- entrapment=when a person is tricked or persuaded into committing a crime by police
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characteristics of the suspect
if the suspect being questioned has any of the following characteristics a voluntary confession can still be thrown out:
- very young age
- mental illness
- low IQ
- under the influence of drugs or alcohol
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Situations when the police DO NOT have to give the miranda warnings
- 1. public safety exception-danger
- Example a bomb is ready to go off and the suspect knows where it is
- 2. general questions
- example what did you see?Whats yor name?
- 3. statements made to a private person
- 4. in custody but no interrogation
- 5. Asked questions but not in custody
- 6. stop and frisk
- 7. traffic stop
- 8. statement before a grand jury
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fruit of the poisonous tree
evidence/confessions obtained illegally cannot be used in court
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Grand Jury, Trial Jury-question decided, issue a/an, # of jurors, How many must agree, Who is there
- -is there enough evidence for a trial
- -indictment
- -23
- -majority(12)
- -only the gov side
- =guilty or not guilty
- =conviction
- =12
- =all 12
- =both sides
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indictment
grand jury rules the person must go to trial
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what does the right to do process mean?
- innocent until proven guilty
- gov. must prove the case beyond a reasonable doubt
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parens patriae
court acts as loving parents trying to rehab ilitate instead of punish
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in re gault
juveniles have the right to due process
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what constitutional rights do juveniles have
all but one
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what is the only right that courts have ruled is not guarenteed to juveniles
trial by jury
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eminent domain
- right to take private property for pubic use
- examples of what may be considered public use: highway, mall, stadium
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what is just compensation
fair market value what a buyer would pay to a seller at the time
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does the gov have to pay moving expenses or replacement costs
no
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reasons for a speedy trial
- 1 not fair to keep you in jail
- 2 memory of witnesses
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statute of limitations
can't be charged with a crime after a period of time
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for what crime is there never a statute of limitations
homicide
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speedy trial act
trial for federal crime must begin within 100 days of an arrest
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if you are in jail the trial must begin within-
180 days
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if you are not in jail the trial must begin within-
365 days
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exceptions to the speedy trial laws-
- -motion filed
- -major witness is unavailable
- -waiver
- -illness
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why the right to a public trial
people can come in and watch
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exceptions to the right to a public trial
- -those who disrupt are banned
- -court room cleared for embarassing testimony
- -national security case
- -cameras may not be allowed
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who decides whether or not television cameras will be allowed in the courtroom
judge
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impartial
don't have your mind made up
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when does a jury not hear a criminal case
- 1. waiver
- 2. max punishment is less than 6 months
- 3. Juvenile
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bench trial
case heard by a judge
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Jury must come from the local area where the crime was committed
exception:
-change of venue
-change of venire
- to much local publicity
- -move the trial
- -get a jury from somewhere else
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must be informed of the nature of the charge agianst him
when is a person informed of the charges against them
during arrest, booking, or indictment
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must be confronted with witnesses against him
what does the right of confrontation mean
get to look your accuser in the eye
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right to obtain witnesses in your favor
power of the subpoene-
document forcing a witness to testify
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right to have assistance of counsel
counsel=
lawyer
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gideon vs wainwright - the court must pay for an attorney for the defendant if the following two situations apply(need both things):
- 1cannot afford one
- and
- 2crime is a felony or punishment involves jail
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public defender
lawyer appointed by the court to defend indigents
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if you have a bad attorney can it be an excuse for a mistrial
- must prove terrible mistakes
- example lawyer asleep at a trial
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When does a person have a right to a lawyer
if being interrogated while in police custody
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Can a person act as his or her own attorney
yes
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what does the 7th amendment mean when it says that no fact tired by a jury shall be re-examined
- the judge can't overule a jury decision
- exception-can lesson a punishment
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bail
money/property put up by a suspect to be released before trial
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so why even allow for bail in the first place
don't have to wiat in jail
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what does a judge look at when determining the amount of bail
- 1.how serious the crime
- 2. how much money the person has
- 3. past criminal record
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bail reform act
judge can deny bail if a person is a danger
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bail released on your own recognize=
on your word
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bail bondsman
- post a pesrsons bail
- (loan+interest)
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furman vs georgia
otlawed the death penalty temporarily all over the us
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gregg vs georgia
states make their own decision
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do all states use the death penalty
no
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for what crimes can someone be sentenced to death
- 1murder 1st or 2nd degree
- 2treason
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felony murder rule
major accomplices in a felony that results in murder can get the death penalty
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methods of capital punishment
- 1. lethal injection
- 2. electric chair
- 3. gas chamber
- 4. hanging
- 5. finig squad
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What did the supreme court rule in roger vs simmons about juveniles and the death penalty
no one can be sentenced to death for a crime committed when they were under 18
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corporal punishment
padling in school
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ingraham vs white
school district makes rules on it
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