Chapter 16 - Constitutional Right to a Fair Trial Flashcards
(156 cards)
1
Q
Defite “retain”
A
To continue to hold or have
2
Q
Which two Constituional Amendments say that the Government may not deprive anyone of “life, liberty, or property without due process of law?
A
The 5th and 14th Amendments
3
Q
Procedural Due Process requires two things:
A
- Notifying a person that he is accused of wrongdoing and the government intends to take action against that person; and
- Giving the affected person the right to respond to the accusation.
4
Q
Define “criminal justice process”
A
Everything that happens to a person who commits a crime, from arrest through prosecution and conviction to release from prison.
5
Q
What is the standard of proof the Government must overcome to convince a judge or jury in a criminal case?
A
Beyond a Reasonable Doubt
6
Q
Name several safeguards that ensure trials are fair and impartial.
A
- A public trial
- Right to have an attorney
- Right not to testify against oneself
7
Q
The Fourth Amendment protects Americans from:
A
Unreasonable government searches and seizures
8
Q
Define “evidence”
A
An outward sign; something that furnishes proof
9
Q
Define “prosecute”
A
To conduct criminal proceedings in court.
10
Q
Define “search warrant”
A
An order signed by a judge describing a specific place to be searched for specific items.
11
Q
Define “probable cause”
A
A reasonable basis to believe a person or premisis are linked to a crime.
12
Q
Define “contraband”
A
Anything prohibited by law from being imported, exported, or possessed.
13
Q
To get a warrant, police must state under oath that they have ________ to suspect that someone has committed a crime.
A
Probable Cause
14
Q
T or F. There are some instances where police are allowed to search without a warrant.
A
True
15
Q
Give examples where police can search without a warrant.
A
- Where the police officer’s safety is at risk.
- Where police enter a building during an emergency or when chasing a suspect.
- When searching a vehicle (as long as there is probable cause that contraband is in the vehicle)
- When the searched person gives consent.
- Gov’t officials can search at borders and airports.
- When an item is in “plain view.”
16
Q
T or F. In general, when evaluating a warrantless search violates the 4th Amendment courts look at the circumstances of the case and ask whether the person concerned had a “reasonable expectation of privacy.”
A
True
17
Q
Define “arrest”
A
To take or keep in custody by authority of law
18
Q
Define “exclusionary rule”
A
A rule that forbids the introduction of illegally obtained evidence in a criminal trial.
19
Q
Generally, people have the greatest expectation of privacy inside their _______.
A
Homes
20
Q
Under the 4th Amendment, seizures must be ______.
A
Reasonable
21
Q
An arrest is considered a ________ under the 4th Amendment.
A
Seizure
22
Q
T or F. Someone who is taken into custody under circumstances when a reasonable person would not feel free to leave is considered to be under arrest.
A
True
23
Q
Name the two scenarios when someone can be arrested.
A
- Under a warrant issued by a judge
- Without a warrant if a law enforcement officer has probable cause
24
Q
T or F. A police officer needs probable cause to stop and question someone on the street.
A
False. BUT the officer must have reasonable suspicion that the person is involved in criminal activity.
25
T or F. Reasonable suspicion requires MORE suspicion than probable cause.
False. It requires less.
26
T or F. Even without reasonable suspicion, a police officer may go up to any individual and ask to speak to him or her.
True. The person is free to decline.
27
T or F. If a court decides the evidence in a case was gained through an illegal search, then the evidence cannot be used at trial against the defendant.
True. See the Exclusionary Rule.
28
In this Supreme Court case ____ the Court ruled that the exclusionary rule applies to both state and federal governments.
Mapp v. Ohio
29
What is the "good faith exception" to the exclusionary rule?
Evidence gathered in violation of the 4th Amendment may be allowed at trial if the police were acting in good faith and believed they had a valid warrant.
30
Describe a student's 4th Amendment right while in a public school.
Limited. School officials don't need warrants or probable cause to search BUT they do need reasonable suspicion that a student has violated the law or broken a school rule. *New Jersey v. T.L.O.*
31
When can police execute a "suspicionless search" under the 4th Amendment.
At fixed-point searches at international borders and highway sobriety checkpoints.
32
T or F. Racial profiling is an appropriate law enforcement tactic.
False. Police can not select people to be searched based on their race.
33
Define "interrogation"
A formal or official questioning
34
Define "self-incrimination"
Testifying against oneself.
35
Which Amendment protects one from self-incrimination?
5th Amendment
36
Define "voluntary"
Proceeding from the will or from one's own choice or consent
37
T or F. A confession can not be used in court it its not voluntary and trustworthy.
True
38
T or F. The Supreme Court ruled that even a voluntary confession is inadmissible if it has been obtained after denying the accused person's request to talk to an attorney.
True. *Escobedo v. Illinois*
39
In this case, the Supreme Court ruled that the 5th Amendment requires police to inform suspects in custody of their rights before questioning them.
Miranda v. Arizona
40
Name the Miranda Rights
The right for a defendant who is in custody AND being questioned to :
1. Remain silent
2. Right to an attorney
41
T or F. Miranda Rights only apply when there is CUSTODY + QUESTIONING
True
42
T or F. A person can be in "custody" even if he has not been arrested.
True. BUT only if a reasonable person would not have felt free to leave.
43
Define the "presumption of innocence"
It means the deciders of fact in a trial must regard the defendant as innocent until proven guilty.
44
T or F. The defendant has the burden of proof at trial.
False. The government does.
45
T or F. The government has to prove EACH element of a crime beyond a reasonable doubt.
True
46
Define "bias"
Information and ideas that support only one point of view on an issue; the distortion of a set of statistical results.
47
Define "plea bargain"
An agreement whereby a defendant pleads guilty to a lesser crime than the one with which a defendant was originally charged and in return the government agrees not to prosecute the defendant for the more serious crime.
48
T or F. Defendants in felony criminal trials in all state and federal courts have a right to a jury trial.
True
49
T or F. The Supreme Court has ruled that lawyers may exclude jurors from serving on a jury solely because of their race, gender, or national origin.
False
50
Define "counsel"
An attorney providing legal advice or representation
51
Define "acquittal"
Judicial deliverance from a criminal charge on a verdict or finding of not guilty
52
Define "indigent"
Suffering from extreme poverty
53
T or F. Governments are required to provide attorneys for defendants who cannot afford them in any case where a jail sentence could be imposed.
True
54
What are trial rights protected by the 5th and 6th Amendments
1. Right to a jury
2. Right to an attorney
3. Right to a speedy trial
4. Confrontation of a witness
5. Freedom from self-incrimination
55
Define "cross-examination"
The examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility
56
Definte "status offense"
Any act that a juvenile can be lawfully detained for, but which is not a crime if committed by an adult
57
Give examples of a status offense
Running away from home
Truancy from school
58
T or F. The Supreme Court ruled that neither public trials nor jury trials are required in the juvenile system.
True
59
Define "sentence"
The punishment to be imposed on an offender after a guilty verdict.
60
What is the "ex post facto clause" in the U.S. Constitution?
The clause that prevents the government from punishing someone for doing something that was not a crime when the act was committed.
61
Which Amendment prohibits "cruel and unusual punishment"
8th Amendment
62
What is the "three-strikes laws"?
Laws that typically impose an automatic minimum sentence of 25 years or life imprisonment when a person is convicted of a serious offense for the third time
63
T or F. In *Ewing v. California*, the Supreme Court decided that the three-strikes law was constitutional.
True
64
Define "capital punishment"
Execution of an offender sentenced to death after conviction by a court of law of a criminal offense
65
Capital punishment is reserved for which crimes?
1. Murder
2. Crimes agatins the US like treason or espionage
66
T or F. The Supreme Court has ruled that the death penalty is unconstituional in certain situations.
True
67
T or F. People with mental disabilities and people under the age of 18 can be executed.
False
68
T or F. In *Graham v. Florida*, the Supreme Court ruled that juveniles cannot be given life without parole for a crime other than murder.
True
69
T or F. In *Miller v. Alabama*, the Court ruled that mandatory sentences of life in prison without parole are unconstituional for juveniles.
True
70
Define "double jeopardy"
The subjecting of a person to a second trial or punishment for the same offense for which the person has already been tried or punished
71
____ is a way for people who are imprisoned to challenge their confinement.
Habeas Corpus
72
Which Article of the Constitution says that habeas corpus cannot be suspended, except in cases of rebellion or invasion?
Article I, Section 9
73
What are the purposes of sentencing?
1. Incapacitation
2. Deterrence
3. Restitution
4. Retribution
5. Rehabilitation
74
What are the 5th Amendment rights at trial?
1. Freedom from self-incrimination
2. Due process of law
75
What are the 6th Amendment rights at trial?
1. Speedy and public trial
2. Impartial jury
3. Confrontation of witnesses
4. Right to call own witnesses
5. Right to attorney
76
What are the Constitutional Protections for everyone AFTER trial?
1. Ex post facto clause
2. Habeas corpus
3. No double jeopardy (5th Amendment)
4. No cruel and unusual punishment (8th Amendment)
77
T or F. Juveniles may be tried as adults for serious crimes.
True
78
T or F. Jailed juveniles are housed separately from adults.
True
79
To continue to hold or have
Defite "retain"
80
The 5th and 14th Amendments
Which two Constituional Amendments say that the Government may not deprive anyone of "life, liberty, or property without due process of law?
81
1. **Notifying** a person that he is accused of wrongdoing and the government intends to take action against that person; and
2. Giving the affected person the **right to respond** to the accusation.
Procedural Due Process requires two things:
82
Everything that happens to a person who commits a crime, from arrest through prosecution and conviction to release from prison.
Define "criminal justice process"
83
Beyond a Reasonable Doubt
What is the standard of proof the Government must overcome to convince a judge or jury in a criminal case?
84
1. A public trial
2. Right to have an attorney
3. Right not to testify against oneself
Name several safeguards that ensure trials are fair and impartial.
85
**Unreasonable** government searches and seizures
The Fourth Amendment protects Americans from:
86
An outward sign; something that furnishes proof
Define "evidence"
87
To conduct criminal proceedings in court.
Define "prosecute"
88
An order signed by a judge describing a specific place to be searched for specific items.
Define "search warrant"
89
A reasonable basis to believe a person or premisis are linked to a crime.
Define "probable cause"
90
Anything prohibited by law from being imported, exported, or possessed.
Define "contraband"
91
Probable Cause
To get a warrant, police must state under oath that they have ________ to suspect that someone has committed a crime.
92
True
T or F. There are some instances where police are allowed to search without a warrant.
93
1. Where the police officer's safety is at risk.
2. Where police enter a building during an emergency or when chasing a suspect.
3. When searching a vehicle (as long as there is probable cause that contraband is in the vehicle)
4. When the searched person gives consent.
5. Gov't officials can search at borders and airports.
6. When an item is in "plain view."
Give examples where police can search without a warrant.
94
True
T or F. In general, when evaluating a warrantless search violates the 4th Amendment courts look at the circumstances of the case and ask whether the person concerned had a **"reasonable expectation of privacy."**
95
To take or keep in custody by authority of law
Define "arrest"
96
A rule that forbids the introduction of illegally obtained evidence in a criminal trial.
Define "exclusionary rule"
97
Homes
Generally, people have the greatest expectation of privacy inside their _______.
98
Reasonable
Under the 4th Amendment, seizures must be ______.
99
Seizure
An arrest is considered a ________ under the 4th Amendment.
100
True
T or F. Someone who is taken into custody under circumstances when **a reasonable person would not feel free to leave** is considered to be under arrest.
101
1. Under a warrant issued by a judge
2. Without a warrant if a law enforcement officer has probable cause
Name the two scenarios when someone can be arrested.
102
False. BUT the officer must have **reasonable suspicion** that the person is involved in criminal activity.
T or F. A police officer needs probable cause to stop and question someone on the street.
103
False. It requires less.
T or F. Reasonable suspicion requires MORE suspicion than probable cause.
104
True. The person is free to decline.
T or F. Even without reasonable suspicion, a police officer may go up to any individual and ask to speak to him or her.
105
True. See the Exclusionary Rule.
T or F. If a court decides the evidence in a case was gained through an illegal search, then the evidence cannot be used at trial against the defendant.
106
Mapp v. Ohio
In this Supreme Court case ____ the Court ruled that the exclusionary rule applies to both state and federal governments.
107
Evidence gathered in violation of the 4th Amendment may be allowed at trial if the police were acting in good faith and believed they had a valid warrant.
What is the "good faith exception" to the exclusionary rule?
108
Limited. School officials don't need warrants or probable cause to search BUT they do need reasonable suspicion that a student has violated the law or broken a school rule. *New Jersey v. T.L.O.*
Describe a student's 4th Amendment right while in a public school.
109
At fixed-point searches at international borders and highway sobriety checkpoints.
When can police execute a "suspicionless search" under the 4th Amendment.
110
False. Police can not select people to be searched based on their race.
T or F. Racial profiling is an appropriate law enforcement tactic.
111
A formal or official questioning
Define "interrogation"
112
Testifying against oneself.
Define "self-incrimination"
113
5th Amendment
Which Amendment protects one from self-incrimination?
114
Proceeding from the will or from one's own choice or consent
Define "voluntary"
115
True
T or F. A confession can not be used in court it its not voluntary and trustworthy.
116
True. *Escobedo v. Illinois*
T or F. The Supreme Court ruled that even a voluntary confession is inadmissible if it has been obtained after denying the accused person's request to talk to an attorney.
117
Miranda v. Arizona
In this case, the Supreme Court ruled that the 5th Amendment requires police to inform suspects in custody of their rights before questioning them.
118
The right for a defendant who is in custody AND being questioned to :
1. Remain silent
2. Right to an attorney
Name the Miranda Rights
119
True
T or F. Miranda Rights only apply when there is CUSTODY + QUESTIONING
120
True. BUT only if a reasonable person would not have felt free to leave.
T or F. A person can be in "custody" even if he has not been arrested.
121
It means the deciders of fact in a trial must regard the defendant as innocent until proven guilty.
Define the "presumption of innocence"
122
False. The government does.
T or F. The defendant has the burden of proof at trial.
123
True
T or F. The government has to prove EACH element of a crime beyond a reasonable doubt.
124
Information and ideas that support only one point of view on an issue; the distortion of a set of statistical results.
Define "bias"
125
An agreement whereby a defendant pleads guilty to a lesser crime than the one with which a defendant was originally charged and in return the government agrees not to prosecute the defendant for the more serious crime.
Define "plea bargain"
126
True
T or F. Defendants in felony criminal trials in all state and federal courts have a right to a jury trial.
127
False
T or F. The Supreme Court has ruled that lawyers may exclude jurors from serving on a jury solely because of their race, gender, or national origin.
128
An attorney providing legal advice or representation
Define "counsel"
129
Judicial deliverance from a criminal charge on a verdict or finding of not guilty
Define "acquittal"
130
Suffering from extreme poverty
Define "indigent"
131
True
T or F. Governments are required to provide attorneys for defendants who cannot afford them in any case where a jail sentence could be imposed.
132
1. Right to a jury
2. Right to an attorney
3. Right to a speedy trial
4. Confrontation of a witness
5. Freedom from self-incrimination
What are trial rights protected by the 5th and 6th Amendments
133
The examination of a witness who has already testified in order to check or discredit the witness's testimony, knowledge, or credibility
Define "cross-examination"
134
Any act that a juvenile can be lawfully detained for, but which is not a crime if committed by an adult
Definte "status offense"
135
Running away from home
Truancy from school
Give examples of a status offense
136
True
T or F. The Supreme Court ruled that neither public trials nor jury trials are required in the juvenile system.
137
The punishment to be imposed on an offender after a guilty verdict.
Define "sentence"
138
The clause that prevents the government from punishing someone for doing something that was not a crime when the act was committed.
What is the "ex post facto clause" in the U.S. Constitution?
139
8th Amendment
Which Amendment prohibits "cruel and unusual punishment"
140
Laws that typically impose an automatic minimum sentence of 25 years or life imprisonment when a person is convicted of a serious offense for the third time
What is the "three-strikes laws"?
141
True
T or F. In *Ewing v. California*, the Supreme Court decided that the three-strikes law was constitutional.
142
Execution of an offender sentenced to death after conviction by a court of law of a criminal offense
Define "capital punishment"
143
1. Murder
2. Crimes agatins the US like treason or espionage
Capital punishment is reserved for which crimes?
144
True
T or F. The Supreme Court has ruled that the death penalty is unconstituional in certain situations.
145
False
T or F. People with mental disabilities and people under the age of 18 can be executed.
146
True
T or F. In *Graham v. Florida*, the Supreme Court ruled that juveniles cannot be given life without parole for a crime other than murder.
147
True
T or F. In *Miller v. Alabama*, the Court ruled that mandatory sentences of life in prison without parole are unconstituional for juveniles.
148
The subjecting of a person to a second trial or punishment for the same offense for which the person has already been tried or punished
Define "double jeopardy"
149
Habeas Corpus
____ is a way for people who are imprisoned to challenge their confinement.
150
Article I, Section 9
Which Article of the Constitution says that habeas corpus cannot be suspended, except in cases of rebellion or invasion?
151
1. Incapacitation
2. Deterrence
3. Restitution
4. Retribution
5. Rehabilitation
What are the purposes of sentencing?
152
1. Freedom from self-incrimination
2. Due process of law
What are the 5th Amendment rights at trial?
153
1. Speedy and public trial
2. Impartial jury
3. Confrontation of witnesses
4. Right to call own witnesses
5. Right to attorney
What are the 6th Amendment rights at trial?
154
1. Ex post facto clause
2. Habeas corpus
3. No double jeopardy (5th Amendment)
4. No cruel and unusual punishment (8th Amendment)
What are the Constitutional Protections for everyone AFTER trial?
155
True
T or F. Juveniles may be tried as adults for serious crimes.
156
True
T or F. Jailed juveniles are housed separately from adults.
