Court 2 Flashcards

(33 cards)

0
Q

What is probable cause

A

If the cop suspects you they can get warrant from judge before searching evidence and arresting

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1
Q

4th amendment guarantees

A

Unreasonable search and seizures

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2
Q

What is exclusionary rule

A

Prevents police from using illegally attained evidence against you
Unless they can prove they would’ve found it anyway

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3
Q

Mapp v Ohio (1961)

A

Incorporated the exclusionary rule against the states

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4
Q

New Jersey v TLO (1985)

A

School officials do not need warrants or probable clause to search student property

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5
Q

Inclocoparentis is

A

Teachers are your parents

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6
Q

Fifth amendment guarantees

A

No self incrimination

No double jeopardy

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7
Q

What is self incrimination

A

Don’t have to say bad stuff against yourself

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8
Q

What is double jeopardy

A

Cannot be tried for the same crime more then once

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9
Q

Miranda v Arizona (1966) suspects must be told…

A

You must be told your Miranda rights

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10
Q

Sixth amendment guarantees

A

Right to counsel

Right to trial

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11
Q

Right to counsel is

A

Right to have a lawyer or an assistant in court

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12
Q

Right to trial is

A

Speedy and public trial

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13
Q

Plea bargain is

A

The defendant will make deal with prosecutor that they will say guilty to a lesser crime

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14
Q

Gideon v wainwright (1963)

A

SCOTUS extended the right to an attorney (counsel) to everyone in state courts

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15
Q

8th amendment guarantees

A

No cruel and unusual punishment

16
Q

Furmon v Georgia (1972)

A

Ruled capital punishment as administered by many states to be cruel and unusual punishment because it was arbitrary and disproportionate

17
Q

Mandatory death sentences are

A

Unconstitutional

18
Q

Gregg v Georgia (1976)

A

Upheld new Georgia law; under adequate guidelines, the death penalty does not constitute cruel and unusual punishment

19
Q

2nd amendment guarantees

A

The right to bear arms

20
Q

In re gault (1967)

A

Held that juveniles accused of crime in a delinquency processing must be offered many of the same due process rights as adults
JD has same rights as adults

21
Q

Civil liberties in the main body of the constitution is located in

A

Article 1 section 9

22
Q

What is writ of habeas corpus

A

Guarantees right to hearing

23
Q

No bill of attainder is

A

Can not be declared

Guilty without a trial

24
What is no ex post facto laws
No retro active punishments
25
What happen to the frequency and bread of cases in which the death penalty
Less frequently in fewer cases
26
Can retarded people be put on death penalty
No
27
Can minors be put to death penalty
No
28
Police can seize without warrant if
Plain view Open air Search incident arrest Garbage
29
Double jeopardy does not apply to
Appeals Retrials Commit multiple crimes separate trials for every offense
30
Police may use statements against you if
Spontaneous outburst exception
31
Police searching garbage
Allowed
32
Does the right to counsel apply to all criminal cases
In all felony | Not for minors