Chapter 8

Question 1

83% of all felony convictions in 2006 were….

Answer 1

Male

Question 2

How should a defendant behave in court? (6)

Answer 2

well groomed
neat clothing 
look interested 
not talk to witness or victims 
control emotions 
resist urge to whisper in attorneys ear

Question 3

What is the exclusionary rule?

Answer 3

a remedy created for the violations of the 14th amendment and any evidence obtained by police by unreasonable search or seizure is inadmissible in court

Question 4

Weeks vs U.S. (1914)

Answer 4

Applied the exclusionary rule Federally

Question 5

Mapp vs. Ohio (1961)

Answer 5

Exclusionary rule is applied to the states

Question 6

Elkins vs. U.S. (1960)

Answer 6

put an end to the silver platter doctrine

Question 7

Rochen vs. California (1952)

Answer 7

evidence seized that shocked the conscience must be excluded as it violates the due process

Question 8

Good faith

Answer 8

police are unaware of a warrant being invalid or unknowingly violate the 4th amendment

Question 9

Inevitable discovery

Answer 9

permits the use of illegally obtained evidence by police if they can demonstrate they would have found it anyway by legal means

Question 10

What is the silver platter doctrine?

Answer 10

illegally seized evidence could be turned over o federal law enforcement officers

Question 11

Exceptions to exclusionary rule (5)

Answer 11

Good faith
inevitable discovery 
impeachment
indépendant source
Attenuation

Question 12

What factors are considered for a delay of speedy trial? (4)

Answer 12

1. length of delay
2. reason for delay
3. defendants assertion of right
4. any prejudice to the defendant causing a delay

Question 13

What is hear say?

Answer 13

out of court statements made by witnesses who cannot come into the court and testify

Question 14

What should a defendant focus on while in court?

Answer 14

Demeanor and appearance

Question 15

What was the percentage of hispanic felons?

Answer 15

24%

Question 16

What was the percentage of black felons?

Answer 16

45%

Question 17

What was the median age of felons in 2006?

Answer 17

32 years of age

Question 18

How many felons attended college?

Answer 18

20%

Question 19

How many felons graduated college?

Answer 19

5.4%

Question 20

How many defendants were indigent?

Answer 20

Majority

Question 21

Were the majority of felons convicted for their first time?

Answer 21

No, for many it was not their first rodeo

Question 22

Wolf vs. Colorado (1949)

Answer 22

d

Question 23

Nix vs. Williams (1984)

Answer 23

created the inevitable discovery exception

Question 24

Where did the good faith exception come from ?

Answer 24

U.S. v Leon

Question 25

What is the impeachment exception?

Answer 25

permits the use of illegally obtained evidence to impeach the defendants testimony

Question 26

What is the independent source exception?

Answer 26

If police have an independant source aside form the defendant. Example: found the body of a murdered victim before the defendant confessed to the murder

Question 27

What is the attenuation exception?

Answer 27

permits improperly obtained evidence when a subsequent event removes the "taint" of the constitutional violation that led to the discovery of the evidence

Question 28

What case developed the attenuation exception?

Answer 28

Crews vs U.S.

Question 29

What are the rights of a defendant pre-trial? (3)

Answer 29

Reasonable bail Notice of charges Right to Counsel

Question 30

What are the rights of a defendant during trial? (8)

Answer 30

``` Speedy trial Public trial Trial by jury Remain silent Testify Compulsory process Present at trial Confrontation ```

Question 31

What is a right to speedy trial?

Answer 31

a formal time limit in which a defendant has a right to be tried

Question 32

Where does the right to a speedy trial come from?

Answer 32

6th amendment

Question 33

What is the right to be present at trial?

Answer 33

a defendant has the right to be at his or her trial, but they can forfeit their right

Question 34

Where does the right to be present at trial come from ?

Answer 34

6th and 14th amendment

Question 35

What is the right to compulsory process?

Answer 35

the right to have individuals appear in court and testify as a witness on the behalf of the defense

Question 36

What is a subpoena?

Answer 36

a court order requiring someone to appear in court to testify as a witness

Question 37

What is the right to testify?

Answer 37

defendant has a right to testify on his or her own behalf

Question 38

Is the right to testify in the constitution or bill of rights?

Answer 38

nope

Question 39

What is the right to cross examine or confront witnesses?

Answer 39

guarantee's the defendant a right to face evidence and witnesses against him or her

Question 40

What are the 2 clauses of the right to cross examine or confront witnesses?

Answer 40

1. right to confront one's accuser face-to-face | 2. right to cross-examine witnesses called by prosecution

Question 41

What is cross-examining?

Answer 41

allowing the defendant to challenge the evidence brought against them

Question 42

What is impeachment?

Answer 42

ability to challenge the credibility of a witness

Question 43

What are the victims rights? (3)

Answer 43

Right to be informed Right to attend Right to be heard

Question 44

What is the right to be informed?

Answer 44

victims have that right to know about anything relating to their case including proceedings, decisions, and actions

Question 45

What is the right to attend?

Answer 45

victims can attend court proceedings

Question 46

What is the right to be heard?

Answer 46

Victims opinions relating to their case

Question 47

Being a witness, does that give you the right to testify?

Answer 47

NO, only if they testify about admissible evidence

Question 48

Victims Rights Act of 1982

Answer 48

Established victims rights