Midterm Exam - Review Flashcards
Explain the “Fruit of the Poisonous Tree” Doctrine:
Case law that resulted from USSCT decision on Mapp v. Ohio (1961) from “The Exclusionary Rule” from Weeks v US (1914) based on case law
- Results of illegal search are inadmissible (Exclusionary Rule)
- Derivative evidence also inadmissible
Evidence produced from search w/o a warrant or PC-
Example: We found drugs, and want to charge you/ - Come up with own example - for exam
What is a “Faretta Waiver” ?
Explain the type of questions it might ask.
Faretta Waiver: Must be signed (and initialed) by the defendant and submitted to the judge for review, and plays a major role in determining if a defendant may be qualified or viable to represent him or herself at trial, before a judge or jury.
How many trials have you done? 0
Do you speak and read english well? Yes
Do you understand the terminology?
Do you know what the maximum sentence is?
Do you know we are not going to help you?
Do you understand the level of seriousness?
Does California allow plea negotiations? What about in Capital Crimes? List any other exceptions, if applicable.
Yes, CA does allow the Prosecutor or DA to plea bargain in the interest to secure conviction(s) and save court resources (time/money).
CA does not allow Plea Bargaining in Capital Crimes (Homicides, and crimes involving a Handgun)
In CA, who is authorized to reduce charges (plea bargaining) of a defendant?
DA, Judge, Prosecution Rule 17(b)
What is a “Motion for Severance”?
Filed by either Defense or Prosecution (State)
Ex: Barker v. Wingo
(Defendant A is worse that Defendant B)
- Can be good for Defense or State, depending on the case
What factors might limit/allow one to represent themselves at Trial?
- Education (Amount of)
- Experience Level (Have you ever been to trial before? Are you a lawyer?)
- Can you understand English?
- Do you know what the penalties are/could be? (Life, Death Penalty, 10yrs, etc)
- Emotions
- Faretta Waiver
- Judge may appoint/reserve assistance of council (for later use to avoid mistrial or in the event of an appeal)
What famous American commented on the 1963 Gideon Case? What did he say?
Robert F. Kennedy
“writ of appeal with pencil and paper from jail (cell)” changed the american justice system.
What is presumed about the defendant at trial?
Defendant is presumed innocent until proven guilty at trial (by a judge or jury).
Describe the order of a criminal case.
Describe the order of a criminal case: Crime Investigation Arrest Police reports written up Report given to DA, with recommendations DA files Charges - a Complaint, signed by DA Complaint filed with Court Less than 72 hrs to Arraignment PH - Trial or Not Arraignment at Superior Court Another PH - Motions Filed Trial Guilty or Not Sentencing Hearing
What are the requirements to admit a Defendant’s statement?
Suspect has right to be read Miranda Rights:
- Prior to being interrogated
- When being Arrested (Custodial Interrogation)
- Statements may not be made under duress
- Statement needs to be VOLUNTARY
- “intelligent” - low IQ (know the terms of what can result - imprisonment - Term, Etc)
What is the main evidentiary difference between a Preliminary Hearing and a Grand Jury?
What is the main evidentiary difference between PH and GJ
Preliminary Hearing:
Criminal Cases - Felonies only - before the trial
“think king of england”
Prosecutor, Judge, Witnesses, Public, Defendant,
Not much Evidence
in CA Prop 115 - allows PO to testify about everything
Prosecutor has to prove 2 things at a PH
1. Crime has to be committed
2. PC has to be proven (Probable Cause)
Low threshold of guilt
Grand Jury -
No Defense, No Judge, No Public, No Defendant, bring in all Witnesses, and all the evidence (no dope - evidence is given to jurors - not typically done)
19 Grand Jurors in OC with Prosecution, and Court Reporter (transcribes everything for future use) - CR used at Trial, PH, and Sentencing
What is a “true bill”?
What is a “true bill?”
Grand Jury Decision when they decide to indict someone (12 out of 19 Jurors)
Also called an INDICTMENT
Who is present at a criminal grand jury hearing?
In CA:
- 19 Grand Jurors (in Orange County)
- Prosecution (DA)
- Court Reporter (Notes used later at Trial, PH, & Sentencing)
- Witnesses (Bring in all Witnesses)
- Evidence
What is the Grand Jury?
In OC it is 19 Jurors
No Defense, No Defendant, No Judge, No Public
- to determine if an indictment (charges) is/are warranted (needed)
- Secret in Nature
How many jurors serve on a Grand Jury in Orange County (OC)? What is their term of service?
19 Jurors
1 yr
Explain the Exclusionary Rule.
The Exclusionary Rule:
- Weeks v. U.S. (1914)
- Search (by Police) must be constitutional or is null and void (sometimes inadmissible - Wolf v. Colorado (1949))
- Mapp v. Ohio (1961) extended the rule to state courts
- Deals with 4th (Due Process) and 14th Amendments (Applies Due Process - “ Fairness” to Everyone - after 13th Amendment Abolished Slavery)
What is a Search Warrant?
A written order from the court allowing a search.
What are some exceptions to the Exclusionary Rule?
Good Faith (Honest Mistake), Inevitable Discovery, Purged of Taint, Substantial Social Cost, or Independent Source
What are some exceptions to the 4th amendment?
- Open Fields of View (Plain View Doctrine)
- Abandonment
- Consent
- Airport/Border Searches
- Parolees & Probationers
- School Searches
- Searches Incident Arrest
What are the classification of laws? (and the number of jurors to reach a decision.)
Civil & Criminal
- Civil takes 9/12 Jurors
- Criminal takes 12/12 Jurors
Marbury v. Madison provided what for our government system?
Checks & Balances
What are the Criminal Justice System Components? (list their entities)
- Law Enforcement
City, County Police, Sheriff
State
Federal
- Judiciary
Judges
Attorneys
- Corrections
Probation
Parole
Dept of correctionsWhat year was the Magna Charta Signed and what was it? What King was forced to sign it?
1215 - Signed by King John
“Peoples Rights” - charge reviewed by council of members of the community
What 3 requirements need to be met for a court to issue a Search Warrant?
Requirement 1: Probable Cause
Requirement 2: Descriptions of Place(s), People to Searched & What item(s) to search for
Requirement 3: Officer submits to Prosecutor of review, and PROS submits affidavit to neutral magistrate (judge) for signing. If approved, it becomes a court ordered Search Warrant.
How many US Supreme Court Justices are there?
There are 9.
A Substantive Law deals with what types of cases?
Criminal - burglary (Redhanded or provable crimes against person or property) - Establishes and defines rights, duties, and obligations (describes without conduct constitutes a crime)
What are Procedural Laws?
Law that are derived from prior cases, or precedents in previous cases. “The rules of evidence”
Explain the basic timeline of criminal procedure?
Criminal procedure starts with the time a crime occurs (is committed), and ends with rehabilitation (punishment).
Identify the differences in “Burden of Proof” for Civil vs. Criminal Law.
Civil v. Criminal Law burdens of proof:
Criminal - Burden of Proof is on Prosecution (not Defendant)
Civil Court - Defense must prove innocent (money related) or not liable
What are the 3 Levels of Courts?
3 Levels of Courts: - Trial Courts Courts of 1st opinion Trials Juries Vast majority Most Publicized CA Inferior & Superior CA SC has 160 Judges Federal: US District Court
- Appellate Courts
Happens after trial is over (nearly always).
No new testimony or evidence. Decision based on transcript and trial record.
Attorneys file briefs and argue
Majority of Justices determine the case
How many in CA? 7 Justices (3 at a time) - Supreme Court
Highest Court in the nation
No new evidence - use transcripts, briefs, and arguments
Majority Decision (9 Justices)
Very selective on cases heard - takes it because of legal importance (potential issues)
What does the 4th Amendment protect?
- Protects: Persons, Houses (Castle), Papers, Effects
- Makes evidence seized not admissible (unauthorized searches)
- Protects us against unreasonable searches and seizures
What are the sources of Law?
Constitutions (US & State)
Statutes
Case Law (Judicial Decisions)
What are the 8th Amendment Rights?
No cruel and unusual punishment, no excessive bail
What is a law?
A law in its simplest form is merely a guideline for human behavior.
What is the purpose of criminal law?
To promote domestic peace by encouraging people to do what is right and discouraging them from doing what is wrong.
What is the “Code of Hammurabi”?
The Code of Hammurabi is considered one of the first known attempts to establish a written code of conduct. King Hammurabi ruled Babylon in approx. 2000 B.C. (55yrs)
The code established rules regarding the, sexual relationships, and interpersonal violence.
Th Code is also one of the first known laws to discuss the rights of victims.
Divided into 5 sections:
- A Penal or code of laws
- A manual of instruction for judges, PO, and witnesses
- Handbook of rights & duties of husbands, wives, and children
- set of regulations establishing wages and prices
- code of ethics for merchant, doctors, and officials.
Code was meant to replace blood feuds, and eliminate or reduce violence.
