Crim Procedure Test

  1. Bill of Rights:
    5th Amendment
    5th - Right against self-incrimination. Double jeopardy.
  2. Bill of Rights
    4th Amendment
    4th - Police searches and seizures warrant required
  3. Bill of Rights
    6th Amendment
    Courts right to jury trial, right to confront witness, right to an attorney
  4. Bill of Rights:
    8th Amendment
    Corrections: No cruel and unusal punishment, no excessive bail
  5. When can you search someone's vehicle after their arrest?
    • The interior of the car can only be searched when probable
    • cause that evidence or the crime the person is arrested for.
    • - Arrestees are not secured - not in back of squad car.
  6. What case made it where you can always look ____ inside of a person's car without probable cause after an arrest?
    NY V. Belton, can look in glove compartment and trunk
  7. What Substitutes for Probable Cause in Order to Fully Search a Vehicle?
    If someone was arrested, their car can be inventoried, and an Inventory Sheet replaces Probable Cause
  8. What does a search warrant require in order to be approved?
    • Search warrant -
    • Must particulary describe place and item to be searched.
    • Need probable cause.
    • Neutral magistrate approve.
  9. What are some exceptions to the Warrant Requirement?
    • Exceptions to warrant requirement:
    • Hot pursuit - Someone runs from police and into house, can enter.
    • Plain view
    • Emergency situation.
  10. What are Photo Arrays?
    • Photo arrays - Lay out photo of people & ask victim or witness to
    • identify. (Unreliable because people change their looks. "Suspect
    • may not in these pictures." Witness might just pick one.)
  11. What are Line Ups?
    • Line-ups - Suspects & others are stood in line-up while witness
    • identifies. (Are extremely influential to juries. At least 5 people,
    • all MUST resemble suspect. "Suspect may not be in line-up." Attorney
    • can be present to make sure line-up is fair.)
  12. What are Show-Ups?
    • Show-up - Drive suspect to meet witness face-to-face. (Only one
    • person there, so witnesses are likely to choose the suspect presented
    • if they aren't 100% sure.)
  13. What is the difference between Civil and Criminal law?
    • CIVIL LAW - Is the person responsible for the harm caused?
    • Wrongful act? - Breach of contract
    • Who sues? - Defendant/families
    • What is at stake? - Monetary reimbursment.
    • (Type of sanctions) - (Restitution.)
    • Standard of Proof? -Proponderence of Evidence (Injunction from judge as well.)

    • CRIMINAL LAW - Is the person guilty of the crime?
    • Wrongful act? - Breaking of legal law.
    • Who sues? - State.
    • What is at stake? - Incarceration, probation, fines, etc.
    • Standard of Prood? - Beyond a resonable doubt
  14. What are the 4 sources of American Criminal Law?
    • Constitution.
    • - Legislative Branch (criminal codes).
    • - Executive Branch (FBI, ATF, FDA, US Marshalls, EPA, etc.
    • (Administrative law). <---Can't dump toxic waste in river, criminal
    • charges.
    • - Judicial Branch (Case law - interpretation of criminal code).
  15. What is the Order of Power for the different sources of law, for federal and state?
    • US Constitution -> Federal Statutes -> State Constitutions -> State
    • Statutes -> Local Ordinances
  16. What happens when laws conflict?
    • When there is a conflict, it goes to the most Supreme Jurisdiction:
    • City -> State -> Federal -> Constitution. By Indiana (State)
    • outlawing firearms, that interferes with the Constitutional rights to
    • bear arms.
  17. What is precedent and state decisis?
    • Precedent - Using
    • previous rulings as guides for how to rule in case. Stare decisis - Doctrine
    • of deciding cases based on precedent.
  18. What are the 3 levels of state court system?
    • Indiana Supreme Court -> Indiana Court of
    • Appeals -> Trial Court.
  19. What are the 3 levels of federal court system?
    • Supreme Court
    • -> Circuit Court of Appeals (appeals are mandatory) -> District.
  20. Who is responsible for sentencing in the criminal court?
    Presiding judge, except capital crimes (jury decides life or death).
Author
missancy
ID
91388
Card Set
Crim Procedure Test
Description
Chapter's 1,2,15,16 and the Courts Handout
Updated