2L Criminal Procedure Flashcards
(396 cards)
1
Q
The Bill of Rights
A
The Bill of Rights in the Constitution originally applied only to action by the federal government.
2
Q
The Bill of Rights and The 14th Amendment
A
Through the 14th Amendment, portions of the Bill of Rights have been applied to the states also.
3
Q
Rationale for the 14th Amendment
A
Portions of The Bill of Rights are fundamental to our concept of liberty and due process.
4
Q
Portions of the Bill of Rights Applied to the States
A
Portions of the 4th, 5th, 6th, and 8th Amendments have been applied to the states.
5
Q
Portions of the 4th Amendment Applied to States
A
The ‘Exclusionary Rule’ and ‘The Prohibition Against Unreasonable Searches and Seizures’ have been applied to the states.
6
Q
Requirements for a Warrant
A
Warrants must be 1) issued by a neutral and detached magistrate, 2) based on probable cause, 3) specific, 4) executed by police, 5) executed after a proper announcement (unless exigency), and 6) executed within a reasonable time.
7
Q
Neutral and Detached Magistrates
A
The issuing magistrate cannot be one involved with law enforcement.
8
Q
Warrants and Probable Cause
A
A warrant must be based on a police officer’s sworn affidavit, presenting adequate facts, to support a finding of probable cause.
9
Q
Warrants and Specificity
A
A warrant must be reasonably specific.
10
Q
Execution of Warrants and Proper Announcements
A
Police must knock and announce who they are and why they are there when executing a warrant unless there are circumstances dictating otherwise.
11
Q
knock and announce
A
If police reasonably believe that knocking and announcing will lead to the destruction of evidence or create a dangerous situation, they may dispense with knocking and announcing.
12
Q
when executing warrant
A
Warrants must be executed within a reasonable time after they are issued.
13
Q
must be executed
A
Warrants must be executed within a reasonable time after they are issued.
14
Q
within a reasonable time
A
Warrants must be executed within a reasonable time after they are issued.
15
Q
after issued
A
Warrants must be executed within a reasonable time after they are issued.
16
Q
material false statement
A
If a warrant includes a material false statement that was deliberately or recklessly included, the evidence obtained under the warrant is inadmissible.
17
Q
evidence inadmissible
A
If a warrant includes a material false statement that was deliberately or recklessly included, the evidence obtained under the warrant is inadmissible.
18
Q
warrant not based on probable cause
A
Evidence discovered by police in good faith reliance on a warrant that is subsequently shown to not have been based on probable cause is admissible.
19
Q
good faith reliance by police
A
Evidence discovered by police in good faith reliance on a warrant that is subsequently shown to not have been based on probable cause is admissible.
20
Q
governmental
A
A violation of the 4th Amendment prohibition against unreasonable searches requires governmental action.
21
Q
intrusion on
A
If a government agent intrudes on an individual’s ‘reasonable expectation of privacy,’ a search has taken place.
22
Q
reasonable
A
If a government agent intrudes on an individual’s ‘reasonable expectation of privacy,’ a search has taken place.
23
Q
expectation
A
If a government agent intrudes on an individual’s ‘reasonable expectation of privacy,’ a search has taken place.
24
Q
privacy
A
If a government agent intrudes on an individual’s ‘reasonable expectation of privacy,’ a search has taken place.
25
To raise 4th Amendment claims
To raise a 4th Amendment claim regarding a search, one must either own the area searched or have a right to possess it.
26
regarding searches
To raise a 4th Amendment claim regarding a search, one must either own the area searched or have a right to possess it.
27
one must own the area searched
To raise a 4th Amendment claim regarding a search, one must either own the area searched or have a right to possess it.
28
or have a right to possess it
To raise a 4th Amendment claim regarding a search, one must either own the area searched or have a right to possess it.
29
totality of the circumstances
Courts will look at the totality of the circumstances in determining whether or not there was a reasonable expectation of privacy.
30
to determine reasonable expectation of privacy
Courts will look at the totality of the circumstances in determining whether or not there was a reasonable expectation of privacy.
31
plain view
A search warrant is not required for evidence in plain view.
32
consent
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including consent.
33
automobile exception
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including the automobile exception.
34
incident to lawful arrest
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including incident to lawful arrest.
35
investigatory detentions
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including investigatory detentions.
36
hot pursuit
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including hot pursuit.
37
danger of losing evidence
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including danger of losing evidence.
38
emergency
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including emergency.
39
border searches
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including border searches.
40
Immigration and Naturalization Service inspections
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including Immigration and Naturalization Service inspections.
41
unreliable listener
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including unreliable listener.
42
uninvited listener
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including uninvited listener.
43
open registers
Police must have a valid search warrant in order to violate one's reasonable expectation of privacy, subject to exceptions including open registers.
44
in plain view
Whether or not any member of the public may have access to the evidence.
45
warrant not required
Any place can be searched pursuant to a valid search warrant.
46
evidence
Any information or material that can be used to prove or disprove a fact.
47
warrantless search
Police may institute a search without a warrant if voluntary and intelligent permission is granted by one with authority.
48
voluntary and intelligent
Consent given freely and with an understanding of the implications.
49
permission
The consent granted by an individual with authority to allow a search.
50
by one with authority
A person who has the legal right to give consent for a search.
51
probable cause
A reasonable belief that a crime has been committed or that evidence of a crime is present.
52
evidence may disappear
The risk that evidence could be lost or destroyed if not seized promptly.
53
due to mobility of car
The inherent ability of a vehicle to move, which may justify a warrantless search.
54
warrantless search okay
A search that can be conducted without a warrant under certain circumstances.
55
arrestee and areas within reach
The individual who has been arrested and the immediate vicinity that can be searched.
56
may be searched
The allowance for police to conduct a search under specific legal conditions.
57
by police
The authority of law enforcement to conduct searches.
58
without probable cause
A search that does not require a reasonable belief of criminal activity.
59
investigatory detention
The temporary holding of an individual by police for questioning.
60
police frisk
A pat-down search conducted by police for weapons.
61
okay if
Conditions under which a police action is permitted.
62
reasonable belief
A standard of belief based on facts or circumstances that would lead a reasonable person to conclude something.
63
detainee is armed
The suspicion that an individual being detained may possess a weapon.
64
Warrantless Searches and Hot Pursuit
Police may search any place reasonable when in hot pursuit of a felon, without a search warrant.
65
Rationale for Hot Pursuit Searches
Time is of the essence when a felon is fleeing.
66
Private Dwelling Searches in Hot Pursuit
This exception applies even to a search of a private dwelling, if it is reasonable to suspect that a felon is hiding there.
67
Warrantless Searches and the Danger of Losing Evidence
If there is a reasonable fear that evidence may be lost, police may seize it immediately without acquiring a warrant.
68
Example of Seizing Evidence
When making an arrest for driving under the influence, a breath, blood, or urine test may be administered immediately, because by the time a warrant is obtained, the evidence will be gone.
69
Warrantless Searches and Emergencies
If there is an emergency, any area may be searched without a warrant.
70
Examples of Emergencies
Bombs in schools; contaminated food or drugs that may be distributed; children in trouble; fires; etc.
71
Warrantless Searches and Borders
Warrants are not required for searches at national borders.
72
Situations for Border Searches
The above rule applies not only to the precise boundary line itself, but also to its equivalent (i.e., a checkpoint, airport, bus station, etc., when passengers enter or leave the country).
73
Mail Searches at Borders
Opening of mail or packages at boundary to search for contraband is permissible. However, there must be a reasonable suspicion, and mail may not be read.
74
Border Patrol Vehicle Stops
Border patrols may stop a vehicle to question those within if they have reasonable suspicion that there are illegal aliens within.
75
Warrantless Searches and the Immigration and Naturalization Service
The Immigration and Naturalization Service may check all the employees of a business to determine citizenships without a warrant.
76
I.N.S. Discretion
Even though a warrant is not needed, the I.N.S. may not abuse its discretion.
77
Warrantless Searches and Unreliable Listeners
Individuals are under no obligation to refrain from repeating what another has told them, absent a privilege.
78
Expectation of Privacy
Even though an individual may feel that the conversation was confidential, there is no reasonable expectation of privacy, in the eyes of the law, unless a specific privilege exists (attorney/client, physician/patient, spouse/spouse, etc.).
79
Warrantless Searches and Uninvited Listeners
Speakers who do not make a good faith effort to protect their conversations cannot object to their admission into evidence by one who overhears.
80
Example of Admissible Conversations
Conversations made from an outdoor pole phone would be admissible because passersby can easily overhear them.
81
Warrantless Searches and Pen Registers
Pen register records are admissible into evidence without any warrant requirements.
82
Pen Register Functionality
Pen registers record numbers dialed from a specific phone, not the specific conversations.
83
pen register records
Records that capture the numbers dialed from a telephone without capturing the content of the conversation.
84
admissible
Evidence that is allowed to be presented in a court of law.
85
without warrant
Conducting searches or actions without obtaining prior legal authorization.
86
administrative agencies
Government bodies responsible for the oversight and administration of specific functions.
87
subject to same warrant requirements as police
Administrative agencies must follow the same legal protocols as law enforcement regarding search warrants.
88
students
Individuals enrolled in an educational institution, subject to specific search protocols.
89
airline passengers
Individuals traveling by air who may be subject to security searches before boarding.
90
probationers' homes
Residences of individuals who are on probation and may be searched without a warrant.
91
government employees' desks and files
Workspaces and personal files of government employees that can be searched under certain conditions.
92
contaminated food
Food that is unsafe for consumption and can be searched by agencies without a warrant.
93
highly regulated industries
Sectors of the economy that are subject to extensive governmental oversight and may be searched without a warrant.
94
general and neutral enforcement plans
Strategies employed by agencies that apply uniformly and do not target specific individuals.
95
reasonable grounds
A standard that allows public school officials to conduct searches based on a belief that a violation has occurred.
96
searching airline passengers before boarding
The process of inspecting individuals traveling by air for security purposes without needing a warrant.
97
no warrant to search probationer's home
The legal allowance for searching a probationer's residence without obtaining a warrant.
98
by statute
Refers to laws enacted by legislative bodies that require compliance with specific regulations.
99
parolees
Individuals released from prison who are still under supervision and must comply with certain conditions.
100
warrantless searches: person
Searches conducted on an individual without the need for a warrant.
101
warrantless searches: property
Searches of an individual's belongings without obtaining a warrant.
102
warrantless searches: residence
Searches of a person's home without the necessity of a warrant.
103
work related
Referring to activities or searches that are connected to an employee's job responsibilities.
104
job related misconduct under investigation
Investigations into inappropriate behavior by an employee that is linked to their work.
105
search triggered by non-investigatory motives
Searches that occur for reasons not related to an investigation, but still deemed reasonable.
106
search
An examination of a person's property or person to find evidence of a crime.
107
government employees
Individuals employed by the government who are considered public servants.
108
desk and files
Physical locations where government employees may store work-related documents.
109
allowed without warrant, if
Conditions under which searches can be conducted without a warrant.
110
job related misconduct, or
Actions by an employee that violate workplace rules or laws.
111
triggered by non-investigatory motives
Circumstances where searches are conducted for reasons other than criminal investigation.
112
may seize
The authority of administrative agencies to take possession of items deemed unfit.
113
food
Substances consumed for nourishment, which may be regulated for safety.
114
unfit for human consumption
Food that is deemed unsafe or harmful for people to eat.
115
certain highly regulated industries
Sectors of the economy that are subject to strict government oversight.
116
searched
The act of inspecting premises or items for compliance with regulations.
117
by administrative agencies
Conducted by government bodies responsible for enforcing laws.
118
inspections
Systematic examinations of premises or items to ensure compliance.
119
if general and neutral enforcement plan
Conditions under which inspections may be conducted without a warrant.
120
obtained by means
The methods used to acquire evidence.
121
shock the conscience
Actions that are so extreme they violate fundamental fairness.
122
not admissible
Evidence that cannot be used in court due to how it was obtained.
123
Criteria to Consider Regarding the shock the Conscience Test
Factors used to evaluate if a method of obtaining evidence is acceptable.
124
How probable is it that the evidence will be found?
A question assessing the likelihood of discovering evidence.
125
How significant is the evidence?
A measure of the importance of the evidence in a case.
126
How shocking is the method?
An evaluation of the extremity of the method used to obtain evidence.
127
Are there alternative methods of obtaining the evidence?
Consideration of other ways to gather evidence that may be less intrusive.
128
owners of property
Individuals or entities that possess legal rights to a property.
129
used in crime
Property that has been employed in the commission of illegal activities.
130
no due process
The absence of legal procedures before a seizure of property.
131
prior to seizure
Before the act of taking possession of property.
132
entitled to due process prior to declaration of a forfeiture
Owners must receive legal procedures before their property is declared forfeited.
133
due process
Legal requirement that the state must respect all legal rights owed to a person.
134
prior to forfeiture
The condition or state before property is legally taken away or forfeited.
135
illegally obtained evidence
Evidence acquired in violation of a defendant's constitutional rights.
136
Fruit of the Poisonous Tree
Evidence that is obtained through illegal means and is therefore inadmissible.
137
strong public policy
A principle that protects the interests of the public and individual rights.
138
to protect individual rights
The aim of legal measures to safeguard personal freedoms and entitlements.
139
best ensured by
The most effective method to guarantee a particular outcome.
140
removing benefit
Eliminating any advantages gained through unlawful actions.
141
obtained by violating individual rights
Acquired through actions that infringe upon a person's legal entitlements.
142
free will of defendant
The voluntary choice made by a defendant without coercion or influence.
143
independent source
A source of evidence that is not connected to any illegal activity.
144
would inevitably have been discovered
Evidence that would have been found through lawful means regardless of illegal actions.
145
defendant
An individual accused of a crime in a court of law.
146
gives evidence
The act of providing testimony or information in a legal context.
147
of his own free will
Acting voluntarily without any external pressure or coercion.
148
not motivated
Not influenced or driven by external factors or circumstances.
149
by circumstances resulting from the illegal action
Factors that arise as a direct consequence of unlawful conduct.
150
the evidence is admissible
Evidence that can be legally accepted in court.
151
obtained from source unrelated to illegal act
Evidence that comes from a source that has no connection to unlawful behavior.
152
is admissible
The status of evidence that is allowed to be presented in court.
153
Inevitable Discovery
A legal doctrine allowing evidence to be admitted if it would have been found without illegal actions.
154
would have been discovered without illegal act
Evidence that would have been found through lawful means, independent of any unlawful actions.
155
Exceptions to the Exclusionary Rule
The Exclusionary Rule does not apply in the following situations: grand juries, impeachment purposes, violations of internal agency rules, civil proceedings, good faith reliance, harmless error.
156
Grand Jury Function
The function of a grand jury is to gather information, not to impose penalties.
157
Exclusionary Rule and Grand Juries
The Exclusionary Rule does not apply to grand jury investigations because the defendant is not being punished as a result of the illegally obtained evidence.
158
Public Policy and Grand Juries
There is a strong public policy and public interest in granting grand juries access to relevant information unless the evidence is the result of an illegal wiretap.
159
Witness Credibility
Witness credibility is always in issue, and an illegally obtained voluntary confession may be introduced to impeach a witness's testimony.
160
Involuntary Confessions
Involuntary confessions are never admissible due to strong public policy against coercing confessions and their inherent unreliability.
161
Court Discretion on Evidence
The court has wide discretion to admit or suppress evidence, weighing probative value versus prejudicial effect.
162
Exclusionary Rule's Purpose
The Exclusionary Rule's purpose is to protect constitutionally guaranteed rights, which incidental agency procedures do not fit.
163
Constitutional Rights
Constitutional rights are fundamental and guaranteed, while agency procedures are discretionary and formulated for convenience.
164
Illegally Obtained Evidence in Civil Proceedings
Unless the proceeding involves punishment, illegally obtained evidence may be used in a civil proceeding.
165
Property Forfeiture
The Exclusionary Rule applies where property is being forfeited because of its use in the commission of a crime.
166
Justice and Probative Evidence
Justice is served by admitting probative evidence, which should not be excluded without good reason.
167
Harmless Error Rule
If the government demonstrates beyond a reasonable doubt that the defendant would have been convicted without the illegally obtained evidence, the conviction will stand.
168
Judicial Economy
There is a strong public policy favoring judicial economy, which allows courts to overlook illegally obtained evidence if the result would not change.
169
Good Faith Reliance
Suppressing evidence obtained in good faith would not achieve the goal of preventing law enforcement personnel from violating constitutional rights.
170
Exclusionary Rule Concept
The whole concept behind the Exclusionary Rule is to prevent law enforcement personnel from violating constitutional rights.
171
suppressing evidence
The act of preventing certain evidence from being presented in court.
172
obtained in good faith
Evidence collected by law enforcement officers who believe they are acting legally.
173
does not achieve goal
The failure of a legal procedure to fulfill its intended purpose.
174
of preventing cops from violating
The aim of legal rules to stop police misconduct.
175
pre-trial suppression hearing
A legal proceeding to determine whether evidence was obtained unlawfully before a trial.
176
outside presence of jury
Conducting legal proceedings without the jurors being present.
177
to determine admissibility
The process of deciding whether evidence can be used in court.
178
Exclusionary Rule
A legal principle that prohibits the use of evidence obtained in violation of a defendant's constitutional rights.
179
may not prevent
Indicates that a legal rule does not necessarily stop a certain action from occurring.
180
from presenting probative evidence
The right of a defendant to introduce evidence that is relevant and helpful to their case.
181
Arrest
Placing an individual in custody where he is not free to leave.
182
not free to leave
A situation where an individual feels they cannot exit a location due to law enforcement presence.
183
warrants
Legal documents authorizing law enforcement to conduct searches or make arrests.
184
not required for arrests in public area
Indicates that police can arrest individuals in public without a warrant.
185
required for arrests in home
Indicates that police must have a warrant to arrest individuals in their private residence.
186
absent exigent circumstances
Situations where immediate action is necessary, allowing police to act without a warrant.
187
arrest without warrant
The ability of police to detain individuals without prior judicial approval under certain conditions.
188
if reasonable belief
A standard that allows police to act based on a rational assumption of criminal activity.
189
arrestee committed felony
An individual who has allegedly engaged in a serious crime.
190
misdemeanor in conscious presence of officer
A minor crime that an officer witnesses directly.
191
may detain for investigation
The authority of police to hold an individual temporarily to inquire about potential criminal activity.
192
if reasonable suspicion
A legal standard that allows police to detain an individual based on specific facts suggesting criminal activity.
193
supported by articulable facts
Evidence or information that can be clearly explained and justified.
194
detainee has information regarding criminal activity
An individual who may possess knowledge relevant to a crime.
195
Investigatory Detentions vs. Arrest
The distinction between a temporary hold for questioning and a formal arrest.
196
detention
Length of time and movement to another area may change a 'detention' to an 'arrest.'
197
during detention, if
A phrase indicating conditions that may apply during a detention.
198
brief and specific
A requirement for police actions during a detention.
199
detention rather than arrest
A legal distinction based on the circumstances of the encounter.
200
warrant not necessary
A principle indicating that police can act without a warrant under certain conditions.
201
law violated
A condition that must be present for police to stop a vehicle.
202
by driver of vehicle
Specifies the party whose actions must be in question for a vehicle stop.
203
police may not stop
Indicates the limitation on police authority regarding vehicle stops.
204
credible and reliable identification
A standard that is often considered unconstitutionally vague in loitering statutes.
205
unconstitutionally vague
A term describing laws that lack clear definitions, making enforcement problematic.
206
confessions
Statements made by an individual admitting to a crime.
207
reliable
A quality that confessions must possess to be admissible.
208
obtained properly
A requirement for confessions to be considered admissible in court.
209
voluntary
A quality of confessions that must be ensured for admissibility.
210
capacity to appreciate significance
A requirement that the individual must understand the implications of their confession.
211
Police action
An element considered in determining if a confession was obtained properly.
212
Miranda warnings
Notifications given to individuals prior to custodial interrogation.
213
Right to counsel
The legal right of an individual to have an attorney present during interrogation.
214
Waiver
The act of giving up a right, such as the right to remain silent.
215
Grand jury
A legal body that may be involved in the process of determining the admissibility of confessions.
216
Public safety
A consideration that may affect the admissibility of confessions.
217
Impeachment
A legal process that may involve challenging the credibility of a confession.
218
confessions made subsequent to invalid confessions
A consideration in determining the admissibility of later confessions.
219
not in response to police
A condition under which a confession may still be admissible.
220
Police agents
The category can be quite broad, including situations like psychiatric exams.
221
Interrogation
Interrogation has been interpreted to mean anytime an agent of the police is trying to elicit information.
222
Confession admissibility
A confession will be admissible if an individual who has capacity and appreciates what she is doing voluntarily waives her rights.
223
Voluntary confession
A voluntary confession by one with capacity is probative evidence and should be admitted as long as there is no police misconduct.
224
Grand Jury Proceedings
Individuals testifying before a grand jury may not refuse to testify or assert any right to counsel.
225
Public Safety Confessions
A confession may be admitted even if the questionee was deprived of her right to counsel if the motive behind the questioning is an immediate fear for the safety of others.
226
Reliable Confessions
A reliable confession that was voluntarily given before Miranda Rights were given is admissible only for purposes of impeachment.
227
Duress
If a confession was given under duress, it is not voluntary and thus inadmissible for any purpose.
228
Custodial Confession
If a confession is made while in custody, but prior to Miranda warnings, a subsequent confession made after Miranda warnings will not be inadmissible.
229
Capacity
Refers to an individual's ability to understand and appreciate the situation when making a confession.
230
Appreciation
The understanding of the rights being waived when making a confession.
231
Voluntarily
Refers to the act of waiving rights and making a confession without coercion.
232
Waives Rights
The act of an individual giving up their legal rights, particularly the right to counsel.
233
Confession is Admissible
A confession can be considered admissible if it meets the legal standards of voluntariness and capacity.
234
May Not Refuse to Testify
Individuals before a grand jury are required to testify and cannot assert the right to counsel.
235
Fear for Safety
A motive behind questioning that can lead to the admissibility of a confession despite the absence of counsel.
236
Confession Admissible Without Counsel
A confession may be admitted even if the individual did not receive Miranda Warnings, provided the questioning was motivated by public safety.
237
Admissible Only to Impeach
A confession given without Miranda Rights can only be used for impeachment purposes, not as substantive evidence.
238
Subsequent Confession
A confession made after Miranda warnings that follows a custodial confession is not invalidated by the prior confession.
239
Juvenile Justice System
The system is designed to rehabilitate rather than to punish minors.
240
Delinquency Hearing
At a hearing to determine delinquency, juveniles are afforded the same rights as adults, except there is no right to a jury.
241
Indigent Defendant
A indigent defendant cannot be imprisoned for his inability to pay a fine.
242
Probable Cause Determination
Before significant restraints can be placed on one's liberty, the defendant is entitled to a determination that probable cause exists.
243
Significant Restraint on One's Liberty
Examples include incarceration, imposing bail, and pretrial restrictions.
244
Post Probable Cause Appearance
Soon after probable cause is established, the defendant is brought before a magistrate who will explain his rights, appoint counsel if necessary, and consider bail.
245
Bail Issues
Bail should be reasonable, failure to grant bail, or the amount of bail can be appealed immediately, and bail should almost always be granted unless a capital offense is involved.
246
Bail Considerations
The purpose of bail is not to punish, but only to ensure that an individual will present himself for trial.
247
Pre-trial Incarceration
Any reasonable security measure may be instituted even though the individuals incarcerated are awaiting trial.
248
Physical Evidence
Evidence that is tangible and can be physically examined.
249
Invalid Confession
A confession that is obtained through coercion or without proper legal procedures.
250
Rehabilitate
To restore someone to a constructive place in society, especially in the context of juvenile offenders.
251
Same Rights as Adults
Juveniles are afforded the same legal protections as adults in delinquency hearings, with the exception of the right to a jury.
252
Cannot be Imprisoned
An individual cannot be incarcerated solely due to their inability to pay a fine.
253
Entitled
Having a legal right to something, such as a probable cause determination before significant restraints on liberty.
254
Issuance of an Arrest Warrant
A legal document issued by a judge or magistrate authorizing the arrest of an individual.
255
Prior Indictment
A formal charge or accusation of a serious crime that can establish probable cause.
256
Informal Hearing
A less formal proceeding that can be used to establish probable cause.
257
Bail
A sum of money or property that is deposited to ensure that a defendant will appear for trial.
258
Totality of Circumstances
A legal standard that considers all relevant factors when making a decision, such as in bail considerations.
259
Threat to Society
A consideration in bail decisions, where a defendant's potential danger to the community is evaluated.
260
Reasonable Security Measures
Security protocols that are deemed appropriate and necessary for individuals awaiting trial.
261
Determinations of Probable Cause to Prosecute
In some states and in the federal system, grand jury hands down an indictment, while in others, charges are filed by the prosecutor.
262
grand jury indicts
A formal decision made by a grand jury to charge someone with a crime.
263
prosecutor charges
Formal accusations made by a prosecutor against a defendant.
264
Prosecutors and Disclosure
Prosecutors must turn over to the defense evidence that tends to indicate innocence of the defendant.
265
prosecutor's client
The public; the public's interests are best promoted by obtaining a just result.
266
just result
A result that is not a conviction of an innocent person.
267
Speedy Trial
Defendants are entitled to a reasonably speedy trial.
268
Reasonableness and Speedy Trials
In determining whether or not a defendant was given a speedy trial, courts consider the delay, reasons for the delay, whether the defendant objected, and if the defendant was prejudiced.
269
entitled to a speedy trial
Once an individual is arrested or charged, he is entitled to a speedy trial.
270
Remedy for Violation of One's Right to a Speedy Trial
If one's right to a speedy trial has been violated, the case must be dismissed.
271
Pre-trial Personal Identifications
After a suspect has been charged, he is entitled to have his attorney present if he is being subjected to a 'show up' or a 'line up.'
272
show up
When the suspect is being shown individually to a witness for purposes of identification.
273
line up
When the subject is included in a group of individuals that is being shown to a witness for purposes of identification.
274
entitled to have counsel appointed
An individual is only entitled to have counsel appointed at trial if he is ultimately sentenced to prison.
275
Pre-trial Non-Personal Identification
Police are not required to allow a defendant to have her attorney present when witnesses are being shown her picture for purposes of identification.
276
no right to counsel
When Police are obtaining physical evidence from a defendant, there is no right to counsel.
277
Physical evidence examples
Physical evidence would be things like, samples of one's voice, blood, fingerprints, etc.
278
purpose of having an attorney present
To prevent a defendant from being presented to witnesses in a prejudicial manner.
279
prejudicial circumstances
An example is when a defendant is placed in a line up with individuals of significantly different physical characteristics.
280
Due Process Consideration and Identifications
For an identification to be inadmissible, it must be shown that it was rendered under circumstances that are unnecessarily prejudicial and that the identification was substantially likely to be unreliable.
281
emergency situation identification
In an emergency situation where a victim is in immediate danger of dying, presenting him with the suspect for identification may not be unnecessarily prejudicial.
282
presenting a suspect in handcuffs
Courts have held that trying defendants in prison garb was unnecessarily prejudicial.
283
identification inadmissible
An identification that cannot be used in court due to prejudicial circumstances.
284
Prejudicial Identifications
Prejudicial pre-trial identifications may taint an in-court identification, making it inadmissible.
285
in-court identifications
Generally admissible because they are considered independent.
286
The Test for Admissibility of a Potentially Tainted, In-Court Identification
The in-court identification must be based on factors other than the prejudicial identification.
287
burden on defendant
The burden is on the defendant to establish that the pre-trial identification was unreasonably prejudicial and unreliable.
288
government burden to demonstrate
Once the defendant establishes a prima facia case, the burden is on the government to demonstrate that the in-court identification was based on a source independent of the pre-trial identification.
289
Competency and Standing Trial
An individual is incompetent to stand trial unless she understands the facts presented against her, appreciates the charges against her, understands the proceedings, and is capable of working with her attorney to prepare her defense.
290
judge
A judge has an obligation to raise the issue of a defendant's competency if it appears to be an issue.
291
Incompetent Defendants
Incompetent defendants may be briefly detained in a mental institution to evaluate and treat.
292
Burden of Proof
In a criminal case, the state has the burden of proving its case 'beyond a reasonable doubt.'
293
pre-trial identifications
Identifications made before the trial that may influence the in-court identification.
294
taint in-court identification
The effect of a prejudicial pre-trial identification on the reliability of an in-court identification.
295
inadmissible
Not allowed to be admitted as evidence in court.
296
unreasonably prejudicial
Identifications that unfairly influence the outcome of a trial.
297
independent
Based on a source that is separate from the prejudicial identification.
298
incompetent to stand trial
A defendant who does not understand the facts, charges, proceedings, or cannot work with an attorney.
299
briefly detained
Temporarily held in a mental institution for evaluation and treatment.
300
longer detention
Extended holding in a mental institution only through civil commitment proceedings.
301
civil commitment proceedings
Legal process for longer detention of individuals deemed incompetent.
302
reliable evidence
Evidence that can be trusted to be accurate and truthful.
303
constitutional challenge
A legal argument that a law or action violates constitutional rights.
304
self-incrimination
The act of implicating oneself in a crime, which is protected against by the Fifth Amendment.
305
prima facia case
A case that is established by sufficient evidence unless disproven.
306
obligation to raise
A duty of the judge to address issues of competency when they arise.
307
ability to work with attorney
The capability of a defendant to collaborate effectively with their legal counsel.
308
criminal case
A legal proceeding involving a crime.
309
state has burden of proving
The responsibility of the state to prove each and every element of the case.
310
beyond a reasonable doubt
The standard of proof required in a criminal case.
311
plea bargaining
A binding contract where the defendant performs an act in exchange for the prosecution charging him with a lesser crime.
312
defendant and prosecution
The parties involved in a criminal case, where the defendant is accused and the prosecution represents the state.
313
binding contract
An agreement that is legally enforceable.
314
defendant performs
The action taken by the defendant as part of a plea bargain.
315
in exchange for
The reciprocal agreement in a plea bargain.
316
prosecution charging lesser crime
The act of the prosecution agreeing to pursue a less severe charge against the defendant.
317
privilege against self-incrimination
The right of individuals to refuse to answer questions that may incriminate them.
318
immunity
Protection from prosecution granted in exchange for testimony.
319
tangible evidence
Physical evidence that can be presented in court.
320
asserting privilege
The act of claiming the right against self-incrimination.
321
prosecutor's inability to comment
Restrictions on what a prosecutor can say regarding a defendant's failure to testify or present alibi evidence.
322
co-defendant's confession
A statement made by a co-defendant that implicates another defendant.
323
cross-examination
The questioning of a witness by the opposing party.
324
hearsay
An out of court assertion offered to prove the truth of the matter asserted.
325
right of confrontation
The right of a defendant to confront witnesses against them.
326
hearsay exceptions
Circumstances under which hearsay may be admissible in court.
327
admissions
Statements acknowledging guilt or responsibility.
328
ancient documents
Records that are considered reliable due to their age.
329
business records
Documents created in the regular course of business that may be admissible as evidence.
330
public records
Documents or pieces of information that are not considered confidential and are maintained by a government agency.
331
right to trial by jury
The entitlement of defendants to have their case heard by a jury for serious offenses.
332
Serious Offenses
Serious offenses are those which carry a potential sentence of more than six months excluding juvenile proceedings.
333
Right to an Impartial Jury
A defendant is entitled to a change of venue or a new trial, if it can be shown that the jury had been tainted by pretrial publicity.
334
Civil Contempt and Jury Trials
When a witness is sentenced to jail until he testifies, he may spend more than six months in jail without a jury trial.
335
Rationale for Civil Contempt
Under these circumstances the witness has 'the keys to the cell' in his own pocket. In other words, he has the power to release himself.
336
Post Trial Criminal Contempt and the Right to a Jury
When one is sentenced, post trial, to more than six months in jail for purposes of punishment, a jury is required.
337
During Trial Contempt and the Right to a Jury
During trial, a judge may sentence an individual to more than six months in jail for contempt, as a punishment, without a jury.
338
Rationale for During Trial Contempt
The rationale for this is that since the judge already has the evidence before him, and since a judge needs the power to immediately enforce his orders in order to maintain court room decorum, the necessity for a jury is dispensed with.
339
Number of Jurors
There must be at least six jurors on a jury.
340
Right to a Jury of One's Peers
A jury of one's peers means that the actual jurors have been chosen from a group that is representative of the area.
341
Jurors and Political Views
A juror may not be excluded because of his political views, unless they prevent him from following the court's instructions.
342
Example of Jurors and Political Views
A prospective juror can feel that the death penalty should be prohibited, however unless his feelings would prevent him from convicting an individual, he should not be excused.
343
Jurors and Race
It is inappropriate at jury selection to raise the issue of race, unless it is a major part of the offense or the crime is an interracial capital offense.
344
Confrontation Clause
A defendant has a right to confront witnesses.
345
Situations to look out for in Confrontation Clause
A defendant may forfeit his right of confrontation by voluntarily leaving or by disrupting the proceedings and being removed.
346
Rationale for Confrontation Clause
The concept of being able to 'face one's accusers' is an integral part of our judicial system.
347
Reliable Hearsay
Generally 'reliable' hearsay may be used in determining a sentence.
348
right to confront
The legal right of a defendant to face witnesses against them.
349
witnesses
Individuals who provide testimony in a court of law.
350
trials
Legal proceedings where evidence is presented to determine guilt or innocence.
351
public
Open to the general population unless fairness dictates otherwise.
352
unless unfair
Conditions under which a trial may be closed to the public.
353
Double Jeopardy
An individual may not be subject to trial more than once for the same offense.
354
not subject to trial
A legal principle preventing retrial for the same offense.
355
more than once
Refers to the prohibition of multiple trials for the same offense.
356
for same offense
The rule that one cannot be tried again for an offense they have already been tried for.
357
subjected to trial
Occurs when the jury is sworn or the first witness is sworn.
358
jury sworn
The point at which a jury is officially selected and begins its duties.
359
first witness sworn
The moment the first witness takes an oath to testify in a trial.
360
exceptions to double jeopardy
Includes appeals, hung juries, or when retrial is ordered.
361
appeals
A process where a defendant seeks a review of a court's decision.
362
hung juries
A jury that cannot reach a unanimous decision, leading to a potential retrial.
363
retrial ordered
A court's decision to conduct a new trial after the original trial is deemed inconclusive.
364
no double jeopardy re:
The principle that prevents multiple trials for the same offense across different jurisdictions.
365
habeas corpus
A proceeding whereby a prisoner contests the constitutionality of her confinement.
366
proceeding
A legal process initiated to contest a legal issue.
367
prisoner
An individual who is confined in a prison.
368
contests
To challenge or dispute a legal matter.
369
constitutionality
The quality of being in accordance with the constitution.
370
of confinement
Refers to the conditions or legality of a person's imprisonment.
371
prior to habeas corpus
Requirements that must be met before seeking habeas corpus relief.
372
objected at trial or good reason not to
Conditions under which an individual may seek habeas corpus relief.
373
error outcome determinative
The requirement that a legal error must have affected the trial's outcome for relief to be granted.
374
lower court findings
Decisions made by a lower court that are generally respected unless there is an abuse of discretion.
375
deferred to
The principle that higher courts typically respect the findings of lower courts.
376
Constitution
The supreme law of the land that does not guarantee a right to an appeal.
377
Right to appeal
Some states guarantee an automatic right to appeal in certain situations.
378
Indigents
Defendants who must not be denied the ability to appeal because of lack of funds.
379
Post Appeal Retrials
After a successful appeal, one may not be retried for a more serious offense.
380
Cruel and Unusual Punishment
Courts may not impose a sentence that is significantly disproportionate to the crime.
381
Death Penalty
The death penalty may not be made a mandatory sentence for a crime.
382
Prison Regulations
Prison officials may make any rule reasonably related to the safe and smooth operation of the prison.
383
Right to Privacy
Prisoners have no reasonable expectation of privacy.
384
Due Process and Prison Discipline
There is no right to a hearing unless a prisoner loses 'good time' or is placed in solitary confinement.
385
Rights of Prisoners
Generally, prisoners may not be deprived of rights unless they affect safety or the smooth operation of the prison.
386
States may deprive
States may deprive felons of the right to vote and hold office even after their sentences have been fully served.
387
Indigent defendants
Must be given free transcripts and provided with legal counsel if the appeal is granted as a matter of right.
388
Rationale for retrials
If the law held otherwise, it would tend to 'chill' one's freedom to exercise the right to appeal.
389
Conditions for counsel
Counsel is required if a sentence is made more severe, a good faith argument is made, or issues are too complex.
390
Discretion in parole
A parole board may not abuse its discretion in granting or withholding parole.
391
Factors in sentencing
Judges may consider an individual's remorse, danger to society, or potential for rehabilitation.
392
Mandatory death penalty
A jury must be given the discretion to consider aggravating and mitigating circumstances.
393
Due process completion
Due process must be completed and a sentence actually executed at some point in time.
394
Prisoners' rights examples
Prisoners have a right to medical care and to practice their religion.
395
Deprivation of rights
Prisoners are not entitled to choose their place of incarceration or to unionize.
396
Further due process
If a prisoner is confined to solitary, he is entitled to further due process.
