Braun Approved Deck 2 Flashcards
(25 cards)
Are one person show-ups always a violation of a defendant’s rights?
no
Which method of identifying a suspect is the most accepted?
Live Line-ups
Does a non-indicted suspect have the right to have an attorney present for a pre-trial line up?
No, only if formal charges have been filed
Can a suspect, after invoking their Miranda rights, give a voluntary, admissible statement?
Yes, as long as it is given voluntarily and not through coercion
May the police seize a subject for interrogation only?
it would be a violation of the person’s Fourth Amendment rights
What was the single biggest fear of the men who drafted the U.S. Constitution
An oppressive government
Who is considered to be the most visible reminder of possible oppression?
The uniformed police officer
What is the meaning of the “exclusionary rule”?
A rule of law that excludes evidence regardless of its relevance or importance, if it is produced by police misconduct that violates the rights of the person objecting to its introduction.
What part of the U.S. Constitution does the “exclusionary rule” fall under
The fourth, Fifth and Sixth Amendments and in state cases the Fourteenth Amendment
Which two entities could abolish the “exclusionary rule”?
- The Supreme Court
2. An amendment to the Constitution
Officials performing what two functions have absolute immunity from monetary damages as long as the acts are performed within the scope of their original duty?
Judicial and Legislative functions
What is a tort?
A wrongful act by one person against another person – a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages
What three categories can torts be divided into?
- Intentional wrongs
- Strict liability
- Negligence
Civil liability involves what concepts?
- Duty
- Breach of duty
- Proximate causation
- Resulting damages
Under state law, what are the four most frequent common law actions that police officers face?
- Assault & battery
- Wrongful death
- False arrest
- False imprisonment
What consists of “an unlawful restraint upon a person’s freedom of movement or a deprivation of the liberty of another with out his consent”?
False imprisonment
For the purpose of civil liability, what is a city considered under the Federal Civil Rights Act?
A person
Where does the process of public review of police conduct begin?
The initial police/citizen contact
Is a police officer immune from criminal prosecution while on duty conducting official police business?
no
What is the test to determine if an officer has qualified immunity from monetary damages?
The objective reasonableness of the officer’s actions
Are federal law enforcement officers liable for damages under the Federal Civil Rights Act?
No, the FCRA is directed at actions taken under state law
Unprivileged battery is a tort which can also be what?
Punishable as a crime
For every wrong, the law provides what?
A remedy
What is the “initial stage” of a criminal prosecution
An arrest
