NEED TO KNOW Flashcards
• Miranda v Arizona
o Miranda had extensive criminal history, signed a written confession admitting guilt, attorney said he wasn’t advised of his rights, Supreme Court agreed but he was still convicted without the confession. (Odd Todd video **)
• Batson v Kentucky
o Batson- can’t bias just bc race
o Prohibits prosecutors/defense attorneys from using preemptory challenges in a racially discriminatory manner.
• Daubert v Merrell Dow Pharmaceuticals Co.
o Evidence has to meet certain criteria (must meet the ‘Daubert test’) - only evidence that completely meets the criteria is DNA.
o Evidence-
irrelevant, immaterial, hearsay
Hearsay: typically not allowed, it is anything other than truth of matter asserted (TRUE)
• Brady v Maryland
o *Brady- exculpatory evidence. If evidence has been disclosed outcome would’ve been different
o Discovery of EXCULPATORY evidence - evidence favorable to defendant
Constitution does not guarantee right to discovery (**)
o Suppression of evidence violates 14th amendment
o turn over all statements by all witnesses
• Santobello v New York
o santobello v New York- plea agreement was not honored. Prosecutor can’t change mind
o Plea promise must be fulfilled, ‘Honoring a Plea Agreement’
• Riverside c mcoughlin
o Riverside v Mclaughlin- prompt hearing- what is prompt?
o Supreme court defined prompt as 48 hours (certiorari)
• Terry v Ohio
o An officer may perform a search for weapons without a warrant, even without probable cause, when the officer has reasonable suspicion that the person may be armed and dangerous.
o Judge sets bail
initial appearance
Initial appearance
- Happens within few hours/days of arrest
- Felony defendants do NOT enter a plea at this stage but most misdemeanors defendants enter a plea of guilty and are sentenced immediately (**)
o 1) Release on recognizance
no monetary value, belief they will not flee, minor crimes
o 2) Cash Bond
full amount or % of bond must be put down in cash and returned when all appearances are satisfied
o 3) Property Bond
piece of property is used as collateral
o 4) Bail Bond
hires bail agent who posts amount required and charges a fee for services
pleas
o System would collapse w/o pleas
o 95% of cases plead out
o 1) Charge bargain
plead guilty in return for a less serious charge
o 2) Count bargain
pleads to some counts and prosecutor dismisses the rest
o 3) Sentence bargain
pleads to original charge in exchange for a promise of leniency in sentencing
• Jury requirements and challenges
o Venire o Requirements: citizens of US, residents of locality, minimum age, ability to understand English, and not mentally ill. (depends on state if person is felon and allowed to be in jury)
• Exclusionary rule-
o *Exclusionary- prohibited from using illegally obtained info
4th amendment expectation of privacy- video only, not audio
o Derivative Evidence
evidence indirectly obtained as a result of a constitutional violation (fruit of the poisonous tree)
o *Weeks v US- only federal law req to
Prohibits the prosecutor from using illegally obtained evidence at trial.
Federal law enforcement only.
o *Mapp v Ohio
mandatory exclusion rule. Deter illegal search and seizure (4th amend)
Mandated enforcement of exclusionary rule to states (required), deters 4th amendment (search&seizure) violations.
o Exceptions (Most searches are warrantless)
1) Independent source (illegally obtained info from witness but then legally obtained info led to same source)
2) Attenuation (so far removed)
3) Inevitable discovery (going to get it anyways)
4) Good faith (thinking they weren’t in the wrong)
• Wedding cake Justice (ch10)
……..
