criminal procedure Flashcards
(8 cards)
Arrest
Under constitutional law, a valid arrest occurs when, with probable cause, a person is taken into custody against his will, specifically for the purpose of initiating a criminal action or interrogation /ɪn,teri’geɪʃn/.
Search
Under constitutional law, a search is an intrusion by the government into an area where a person has a reasonable expectation of privacy.
Seizure
Under constitutional law, a seizure is the actual or constructive taking 推定取得/视为取得 of a person or thing by the government.
The Exclusionary Rule
Under constitutional law, the exclusionary rule bars the admission into evidence of materials seized during an invalid arrest or unreasonable search or seizure.
Right to Counsel Approach
Under the Sixth Amendment, a defendant has a right to counsel in his defense at all critical stages of a criminal prosecution. The Sixth Amendment right to counsel attaches at the initiation of formal charges against the defendant.
Miranda standard
Under the Fifth Amendment, a person has a right to counsel in his defense when he is a suspect in police custody and he is subject to a custodial /kʌˈstəʊdiəl/ interrogation for accusations of a crime. The Fifth Amendment right to counsel attaches at the monument the suspect is subjected to custodial interrogation.
Miranda rights
Under the Fifth Amendment, a person in custody, prior to interrogation, must be informed that he has the right to remain silent, anything he says can be used against him in court, he has the right to the presence /prezns/ of counsel, and if he cannot afford an attorney, one will be provided.
Waiver of Miranda rights
Under the Fifth Amendment, a suspect can waive his Miranda rights as long as the waiver was made knowingly, intelligently, and voluntarily. Courts will look to the totality /to’tæləti/ of the circumstances /ˈsɜːrkəmstæns/ in determining whether a waiver is valid.
