CONSTITUTIONAL LAW 10 POINTS

Question 1

What is the 6th amendment of the US constitution?

Answer 1

Right to counsel and speedy trial

Question 2

Attached automatically to the 6th amendment is?

Answer 2

At and After arraignment
After Indictment by a grand jury

Question 3

A defendant has the right to confront all witnesses against him. This is known as?

Answer 3

Confrontation Clause

Question 4

What are the exceptions for the confrontation clause?

Answer 4

Excited Utterance
1. Spontaneous- not a result of interrogation
2. Must be non-testimonial in nature
3. Statements in ongoing emergency or volatile scene= non testimonial

Question 5

You must satisfy two requirements for Identification Procedures?

Answer 5

1. Right to Counsel
2. Fundamental Fairness- avoid ID “unnecessarily suggestive”

Question 6

What is the difference between Corporeal vs. Non-Corporeal?

Answer 6

Corporeal
LIVE witness viewing the suspect in person.
Show ups, LIVE lineups, etc.

Non-Corporeal:
Witness reviewing a representation of the suspect.
Single photo display, Photo lineup

Question 7

Field Views: Occur when police arrange for a witness to observe a group of people.

Answer 7

Arrange for the witness to observe a group in a public place

More latitude→ because no one is in custody

No time constraint

Question 8

Composite Sketches:

Answer 8

Useful but NOT standalone evidence or probable cause

Question 9

Entrapment: Overreaching conduct by not instigate a crime

Answer 9

Aggressive Persuasion

Lengthily negotiations

Appeals to sympathy or some emotion

Significant logistical support

Question 10

Four Steps for proper ID procedure

Answer 10

Get a detailed description of the suspect from each witness prior to ID procedure

Re-read pre-selection instructions to each witness from card

Perform fair ID procedure

Document what you did

Question 11

What level of proof is needed for show-ups and bring backs?

Answer 11

Reasonable suspicion

Question 12

True/False: You can bring a suspect back to the scene for a witness to identify them?

Answer 12

False. NEVER bring suspect back to the scene

Question 13

The “prompt display of a single suspect to witness” is generally within __ of the crimes.

Answer 13

2 hours of the crime

Question 14

True/False: MAY NOT question unless a counsel is present or the defendant initiates.

Answer 14

True