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Bill of Rights:
5th Amendment
5th - Right against self-incrimination. Double jeopardy.
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Bill of Rights
4th Amendment
4th - Police searches and seizures warrant required
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Bill of Rights
6th Amendment
Courts right to jury trial, right to confront witness, right to an attorney
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Bill of Rights:
8th Amendment
Corrections: No cruel and unusal punishment, no excessive bail
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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.
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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
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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
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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.
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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.
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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.)
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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.)
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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.)
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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
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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).
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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
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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.
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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.
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What are the 3 levels of state court system?
- Indiana Supreme Court -> Indiana Court of
- Appeals -> Trial Court.
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What are the 3 levels of federal court system?
- Supreme Court
- -> Circuit Court of Appeals (appeals are mandatory) -> District.
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Who is responsible for sentencing in the criminal court?
Presiding judge, except capital crimes (jury decides life or death).
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