Final exam Flashcards
(99 cards)
1
Q
People v. Ingle (1975)
A
- Trooper stopped car because he “wanted a closer look”
- Found marijuana
- Violation of 4th amendment because it was an unreasonable search
- Evidence can’t be used in court
2
Q
Kyllo v. United States (2001)
A
- Marijuana was grown in home
- Thermal-imaging device used to find it
- No warrant
- Device is not in ordinary use to public= 4th amendment “search” and is “unreasonable without a warrant”
3
Q
Eisenstadt v. Baird (1972)
A
Established the right of unmarried people to possess contraception on the same basis as married couples
- 14th amendment Equal Protection Clause
- Happened in Massachusetts
4
Q
Mapp v. Ohio (1961)
A
- Found obscene pictures in Dollree Mapp’s house in an illegal search of home (no warrant)
- “Exclusionary Rule” is applied to searches by state agents
- Violation of 4th amendment-can’t be used in court
5
Q
Boyd v. United States (1886)
A
- Judge ordered the Boyd’s (merchants) to produce an invoice to prove suspected smuggling
- There was a seizure of the invoice (private)
- Forced production was a search= unreasonable
- ***Origin of the Exclusionary Rule
6
Q
Griswold v. Connecticut (1965)
A
State was unconstitutional in prohibiting unmarried people from buying contraception
-Violated the right to marital privacy
7
Q
Obergefell v. Hodges (2015)
A
- Court employed the Due Process and Equal Protection clauses and found same sex marriage to be a Fundamental Right
- Could not have been decided under pre-existing Rights analysis of Griswold since same sex marriage did not exist at the time of enactment
- Could lead to other lifestyle choices (cocaine) being claimed as a FR
8
Q
New York v. Belton (1981)
A
Once there is probable cause to arrest someone in a vehicle, ALL containers within the passenger compartment are subject to search
9
Q
People v. Holmes (1993)
A
- Group of men talking near a known narcotics location
- Officer called individual to come over
- Individual ran and threw plastic bag (had cocaine in it)
- Calling over was almost the same as seizure
- Flight alone is insufficient to justify pursuit
10
Q
Schnekloth v. Bustamonte (1972)
A
- Office stopped vehicle with defective headlight
- Driver gave permission to search car
- Found 3 stolen checks
- Court said driver did not need to be advised that he could refuse consent to search
11
Q
Batson v. Kentucky (1985)
A
- Prosecutor used his peremptory challenges to strike the 4 black persons on jury to all white
- Court found that this violated the 6th and 14th amendments
12
Q
Gideon v. Wainwright (1963)
A
- Gideon was charged and he requested that the court appoint him a lawyer
- He was denied one so he represented himself
- Found guilty
- Denied habeas corpus
- In all circumstances the denial of counsel violates the 14th amendment’s right to Due Process
13
Q
Weeks v. United States (1914)
A
- Police entered home of Weeks and seized papers used to convict him
- Did not have a search warrant
- This violated the 4th amendment
- Applied the exclusionary rule
14
Q
Rochin v. California (1952)
A
- Rochin swallowed drugs to dispose of evidence
- Police made him throw them up
- Police violated Rochin’s right to due process of law
- Prohibited “conduct that shocks the conscious”
15
Q
Chimel v. California (1969)
A
- Police had arrest warrant
- Searched Chimel’s residence and found items used to convict him
- Search was unreasonable under 4th and 14th amendments
- Searches “incident to arrest” are limited to the area within the immediate control of the suspect
16
Q
Whren v. United States (1996)
A
- Officer stopped the car for minor traffic infraction
- Real purpose was that he suspected drugs (PRETEXT)
- Court said it was not pretextual because officer had reasonable cause for carrying out the stop
17
Q
Brown v. Mississippi (1936)
A
- Accused all black men were victims of a white lynch mob
- Tortured until confessed
- First time that a state court criminal conviction was set aside under the Due Process Clause
- Did not fully incorporate Due Process voluntariness
- Confession is only invalid if tortured by state
- Violated Due Process Clause
18
Q
Miranda v. Arizona (1966)
A
- Got a written confession from Miranda
- Police had not advised Miranda of his right to have an attorney present during the interrogation
- Found guilty
- 5th amendment requires law enforcement to advise suspects of rights
19
Q
Crawford v. Washington (2004)
A
- Charged with stabbing man who allegedly tried to rape his wife
- Wife gave recorded statement that she was not being raped
- Crawford could not cross-examine the tape because it was pre-recorded
- Violated 6th amendment and was reversed
20
Q
US v. Curtiss-Wright (1936)
A
- Sold fighter planes and bombers to Bolivia which violated a Joint Resolution of Congress
- Argued that Congress had violated the non-delegation doctrine in allowing the executive branch to make decisions that were properly left to the legislature
- Joint Resolution is not an unconstitutional delegation of legislature power to Executive
21
Q
Engel v. Vitale (1962)
A
- NYS Board of Regents authorized a short, voluntary prayer at start of school day
- Violated the Establishment Clause of the 1st amendment
- Church vs. state
22
Q
Katz v. United States (1967)
A
- Mic was attached to outside of public phone booth which an alleged gambler used
- Katz applied the “reasonable person test” to determine when warrantless surveillance is illegal
- Katz was entitled to 4th amendment protection for his conversations
- Does not prohibit interception of radio communications because anyone can listen on a radio
23
Q
Wolf v. Colorado (1949)
A
-Found that the exclusionary rule was not a necessary ingredient of the 4th amendment’s right against warrantless and unreasonable searches and seizures
24
Q
Illinois v. Gates (1983)
A
- Anonymous tip that the Gates’s were selling drugs out of their home
- Police obtained warrant and uncovered large quantities of other drugs and weapons
- Court found no constitutional violation
- Not followed in NY (apply Aguilar-Spinelli instead)
25
Carrol v. United States (1957)
- Conspiracy to run lottery
- Reasonable trustworthy info
- Probable cause to search, no warrant needed
- US had no right to appeal the suppression order
26
Michigan Dept. of State Police v. Sitz (1990)
- Sitz sued police to stop sobriety checkpoints
- Found that checkpoints are permissible
- Applied balancing test: societal interests against character of intrusion
- Checkpoints are non-arbitrary
27
Aguilar v. Texas (1964)
- Probable cause founded upon hearsay info-reasonable trustworthy info
- Anonymous info not reliable
- Test of reliability
28
Spinelli v. United States (1968)
- Says hearsay info is presumptively unreliable unless a sufficient basis for the info can be shown
- Basis for the information test
29
Berger v. New York (1921)
- Filed an affidavit that the judge had a personal bias or prejudice
- Motion was denied and defendants were convicted
- If affidavit is sufficient, then judge must remove himself from the case
30
Silverman v. New York (1961)
- Mic had a spike that penetrated party wall to make contact with a Silverman's heating conduit
- Mic violated the 4th amendment because of penetration of space
- Used the Olmstead "trespass" theory-means to invalidate eavesdropping
31
Spano v. New York (1959)
- Spano got beat up and them obtained gun and killed the man
- The admission of Spano's confession violated the 14th amendment because the tactics used to get confession were not voluntary (questioned for hours, used friend to manipulate him)
32
Powell v. Alabama (1932)
- 9 black youths accused of raping 2 white women
- Legal proceedings were sped through and all 9 were sentenced to death
- Attorneys did not consult with their clients
- Trials violated the Due Process Clause of the 14th amendment
33
Escobedo v. Illinois (1964)
- Arrested and taken in for questioning
- Police questioned him for hours and refused to let him see his lawyer
- Escobedo confessed to murder
- He was denied the right to counsel as guaranteed by the 6th amendment
34
Olmstead v. United States (1928)
- Olmstead ran a major bootlegging operation
- Evidence of conspiracy was gathered by "warrantless" wiretapping of business phones
- Not a violation of 4th amendment because it had no bearing on wiretapping because it applied only to "persons, houses, places" and effects
35
Coolidge v. New Hampshire (1971)
- Murder of young girl
- Attorney General authorized warrant to search suspect
- Police had taken items from Coolidge's home during interview with wife
- He was found to be guilty and sentenced to life imprisonment
- Searches and seizures were unconstitutional under 4th amendment
- Warrant not issued by "neutral and detached magistrate"
36
People v. Hobson (2007)
- Right to counsel is applied to an uncharged individual who has retained a lawyer
- Issue was whether a statement made after counsel had appeared was admissible, it was not
- Once an attorney enters the proceeding, the police may not question the defendant in the absence of counsel unless there is an affirmative waiver
37
Dunaway v. New York (1979)
- Owner of pizza parlor in Rochester, NY was killed
- Brought in for questioning even though he was not arrested
- He was convicted
- Bringing a suspect into custody for questioning is subject to the same probable cause as an arrest
- Dunway's 4th and 5th amendments were violated, should have been tainted evidence
38
Malloy v. Hogan (1964)
- Arrested for gambling raid
- Ordered to testify about gambling but he refused because it might incriminate him
- Imprisoned for contempt until he was willing to answer
- 14th amendment protects a state witness's 5th amendment guarantee against self-incrimination in criminal proceeding
- Must be made freely and voluntarily
39
Smith v. Hooey (1969)
Protects at least 3 basic demands:
1. Prevent undue incarceration prior to trial
2. Minimize anxiety accompanying public accusation
3. Avoid prejudice to defense
40
Duncan v. Louisiana (1968)
- Black teen sentenced to prison for slapping white youth on elbow
- He was denied jury trial
- 6th amendment guarantees a trial by jury, the states were obligated to provide those trials under the 14th amendment
41
1st amendment
Prohibits any law limiting freedom with respect to religion, expression, peaceful assembly, or the right of citizens to petition the government
42
4th amendment
Prohibits unreasonable searches and seizures
43
5th amendment
Guarantees of due process and the right to refuse to answer questions in order to avoid incriminating oneself
44
6th amendment
Guarantees a citizen a speedy trial, a fair jury, an attorney if they want, and the chance to confront the witnesses who is accusing the defendant of a crime
45
8th amendment
Punishments must be fair, cannot be cruel, and that fines that are extraordinarily large cannot be set
46
9th amendment
States that there are other rights that may exist aside from the ones explicitly mentioned, and that even though they are not listed, it does not mean they can be violated
47
10th amendment
Any power that is not given to the federal government is given to the people or the states
48
14th amendment
Granted citizenship to all persons born or naturalized in the US (including former slaves) and guaranteed all citizens "equal protection of the laws"
49
Miranda warnings
Notification given by police to criminal suspects giving them their rights
50
Challenges for cause/peremptory challenges
- Aims to disqualify a potential juror for a specific reason
| - A defendant's or lawyer's objection to a proposed juror; made without needing to give a reason
51
Exclusionary Rule
Law that prohibits the use of illegally obtained evidence in a criminal trial
52
2 types of hearsay
1. Testimony
| 2. Documents (affidavits)
53
Motion
Written request asking the Court to do something (Suppression of evidence, suppression of statements, dismissal of charge)
54
Huntley hearing
Pre-trial hearing: voluntariness of statements
55
Daniel Shays
Lead of Shays' rebellion, uprising to prevent the trial and imprisonment of debt-ridden citizens
56
Habeas Corpus
A writ requiring a person under arrest to be brought before a judge or into court, to secure the person's release unless lawful grounds are shown for their detention
57
Silver platter doctrine
Allowed illegally or improperly state-seized evidence in court as long as federal officers had no role in obtaining it, declared unconstitutional in 1960 (Elkins v. US)
58
Aguilar-Spinelli test
-States that hearsay is reliable evidence to establish probable cause
Aguilar= reliability
Spinelli= basis for info
59
Totality of the circumstances
Decisions are based on all available info rather than bright-line rules, focus on all circumstances and not one factor
60
Double jeopardy
Part of 5th amendment, one person can not be subject to same offense to be twice put in jeopardy of life or limb
61
Brady doctrine
Evidence or info favorable to the defendant in a criminal case that is known by the prosecution, prosecution must disclose such material to defendant if requested to do so
62
Felony
Punishable by imprisonment for more than one year or death
63
Hearsay
Info received from other people that one cannot adequately substantiate
64
Judiciary Act of 1867
Grant the courts the power to issue writs of habeas corpus
65
Indicia of reliability
Test used by courts when a hearsay statement does not fall under a specific hearsay exception
66
Adolf Beck
Wrongful conviction by mistaken identity, lead to the creation of the English Court of Criminal Appeal in 1907
67
Voir Dire
Period when both sides are permitted to question prospective jurors about matters relevant to the case
68
Burden of Proof
Obligation to prove one's assertion is on the prosecution
69
Annapolis Convention
Called in 1786 to discuss the creation of a system for the uniform regulation of commerce
70
William Blackstone
First great commentator on the law, his Commentaries were more popular in US than England, Lincoln praised him, infatuated with property
71
Reasonable person standard
Test of "objectivity", balances facts and circumstances against decision making process of an objective standard, what a "reasonable person" would believe
72
Selective incorporation
Relies upon the Due Process Clause, incorporates only those elements deemed to fall within "due process"
73
Jury nullification
Members of a trial jury find a defendant not guilty if they do not support a government's law, do not believe it is constitutional or humane, or do not support a possible punishment
74
USA PATRIOT Act
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (2001)
75
Discovery
What the other party must turn over following a demand to produce, pre-trial procedure
76
Misdemeanor
An offense, other than a traffic infraction, for which a sentence of more than 15 days and less than 1 year
77
Suspension Clause
Protects the privilege of the writ of habeas corpus by not allowing to suspend the writ once issued
78
Confrontation Clause
Part of 6th amendment, the accused shall enjoy the right to be confronted with the witnesses against him
79
Course of a case
See diagram
80
Arraignment
Formally charge the defendant and to inform the defendant of his rights
81
Fundamental Rights
Basic rights of all citizens
82
Good faith exception
Legal doctrine providing an exemption to the exclusionary rule, observes that exclusion is not a personal constitutional right so suppression when the officer believes that he or she is acting lawfully has no value
83
Exigent circumstances
Justifies actions by law enforcement officers acting without a warrant such as a mortal danger to others
84
Terry standard
Allows police to briefly detain a person based on reasonable suspicion of involvement in criminal activity
85
Balancing test
Judicial test where the jury weights the importance of multiple factors in a legal case
86
Factors of due process
Constitutional requirement that when the federal govt. acts in such a way that denies a citizen of life, liberty, or property interest, the person must be given notice, the opportunity to be heard, and a decision by a neutral decision maker
87
Blockburger test
Person cannot be tried for lesser and greater crimes using the same evidence in subsequent trials, if each requires additional proof then the offenses are different
88
Clayton standards
Clayton Act regulates general practices that may be detrimental to fair competition, adds to Sherman Antitrust Act
89
Affirmative defense
Defendant introduces evidence, and if found to be credible, will negate criminal (or civil) liability, even if it is proven that the defendant committed alleged acts (ex: self-defense)
90
Exhaustion doctrine
Limits the extent to which patent holders can control an individual article of a patented product after so-called authorized sale
91
Direct examination
Initial questioning of a witness by the attorney who called them (distinguished from cross-examination, which is conducted by opposing attorneys)
92
Levels of criminal offenses
- Offense: conduct that can be punishable under any law
- Traffic infraction
- Violation: offense other than traffic infraction
- Misdemeanor
- Felony
93
Pretrial motions
Motions made before actual trial, prosecutor and defense team appear before criminal court judge and make these motions
94
Culpable mental states
State of mind of an individual while committing a crime
95
Exceptions to hearsay
-State of mind
-Excited utterances
-Dying declarations
-Fear of death
-Former testimony
(See Evidence slides)
96
Common causes of misidentification
Eyewitness misidentifications (70% overturned through DNA testing)
97
Waiver of a trial right
Requires a knowing and intelligent waiver, waive the right to a jury trial, the facts and evidence will be heard by a Judge ("bench trial")
98
Due Process Clause
5th (federal) and 14th (state) amendments- cannot be deprived of life, liberty, or property without due process of law
99
Reasonable doubt
When a fact finder cannot say with moral certainty that a person is guilty or a particular fact exists
