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Courts > Chapter 11 > Flashcards

Chapter 11 Flashcards

1
Q

Discovery

A

Informal and formal exchange of information between parties

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2
Q

Discovery Examples include:

A

*Lab reports
Statements of witnesses
Defendants’ confessions
Police reports

*Civil Cases
Every party is entitled to the disclosure of relevant information in the possession of any person – unless privileged

Criminal Cases

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3
Q

Law on the Books: Rules Requiring Disclosure

A

No general constitutional right to discovery in a criminal case

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4
Q

State v. Tune (1953)

A

Too much prosecutorial disclosure may result in defendant’s taking undue advantage

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5
Q

Federal Rules

A

Provide the defendant-upon motions-rights to tangible objects that are relevant to the case (documents, recordings, test results, witness statements, summaries of expert testimony prosecution intends to use at trial, etc.)

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6
Q

Discovery of exculpatory evidence

A

*Evidence favorable to defendant
Cast doubt on guilt
Mitigate culpability

Brady v. Maryland

Wood v. Bartholomew

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7
Q

Brady v. Maryland

A

*Suppression of evidence violates 14th Amendment Due Process

*Material exculpatory evidence only
“reasonable probability” that had evidence been disclosed, the result of the proceeding would be different

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8
Q

Wood v. Bartholomew

A

If inadmissible, then not discoverable

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9
Q

Discovery of impeachment evidence

A

Cast doubt on credibility of witness

Jencks v. United States

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10
Q

Jencks v. United States

A

*Requires prosecutors to disclose all statements made by witnesses
Upon request of defense

*Prior inconsistent statements of prosecutorial witnesses

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11
Q

Discovery Rules are Important to Defense Attorneys

A

Save time

Eases the attorney client relationship

Greatly encourages guilty pleas

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12
Q

Guiding Principle:

A

Trial Should be a Level Playing Field:

Williams v. Florida

Insanity Plea

Constitution limits reciprocal discovery

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13
Q

Alibi Defense

A

*Williams v. Florida

Requires defense to disclose alibi defe

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14
Q

Exclusionary Rule

A

Prohibits the prosecutor from using illegally obtained evidence at trial

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15
Q

Weeks v. US (1914)

A

Federal law enforcement only

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16
Q

Wolf v. Colorado (1949)

A

Applied to states but not required

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17
Q

Mapp v. Ohio (1961)

A

Mandated enforcement of exclusionary rule to states

Principle method to deter 4th Amendment violations (illegal search and seizure)

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18
Q

Derivative evidence

A

Evidence indirectly obtained as a result of a constitutional violation

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19
Q

“Fruit of the Poisonous Tree” is excluded from admission at trial: TRUE OR FALSE

A

TRUE

20
Q

Poisonous tree

A

– evidence directly obtained as a result of a constitutional violation

21
Q

Fruit

A

derivative evidence because of knowledge gained from the first illegal search

22
Q

Voluntariness standard – 14th Amendment

A

………

23
Q

Miranda warnings

A

5th Amendment

*Custodial interrogations
Does not apply when police conduct not designed to illicit an incriminating response

24
Q

Interrogation law

A

6th amendment

Privilege of assistance of counsel
Attaches when formal charges filed

25
Q

Miranda v. Arizona

A

*Miranda had extensive criminal history
Was interrogated by officers, and told he failed

*Signed a written confession admitting guilt
Found guilty by jury

*Was not advised of his constitutional rights during interrogation
Warren court stated his rights were violated and this changed the way police handled interrogations ever since

26
Q

Search and Seizure

A

Fourth Amendment

27
Q

Reasonableness clause

A

Right to be secure in “persons, houses, papers and effects, against unreasonable searches and seizures…”

Violation occurs when governmental invasion of an individual’s subjective expectation of privacy

28
Q

Search

A

Reasonable expectation of privacy is infringed

29
Q

Seizure

A

Interference with possession of property

30
Q

Warrants clause

A

No warrants shall issue, but upon probable cause, supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized

TFreedom from “unreasonable search and seizure”

31
Q

Searches and seizures unsupported by probable cause are illegal
:TRUE OR FALSE

A

TRUE

32
Q

Stop and frisk

A

Terry v. Ohio

33
Q

Terry v. Ohio

A

“Reasonable suspicion” of criminal activity

Police permitted to stop an individual and frisk for weapons

34
Q

Exigent circumstances

A

Cause a reasonable person to believe that entry or prompt action is necessary to prevent

35
Q

Reasonableness standard of 4th Amendment applies

A

Compliance with usual requirements of probable cause and warrants would be unreasonable in certain situations

36
Q

Search Warrants

A

Issued by a neutral judge

37
Q

Written Affidavit

A

Prepared by law enforcement and prosecutor

“Fair probability that contraband or evidence of a crime will be found in a particular place.

38
Q

Knock-and-announce

A

Presence, authority and purpose

Wait 10-20 seconds before entering

No knock exceptions

39
Q

Katz v. US

A

Warrantless searches unconstitutional subject to specific exceptions

40
Q

Three forms of warrantless searches

A

Consent
Plain view
Incident to a lawful arrest

41
Q

Pretrial Motions

A

Suppression motions

42
Q

Suppression motions

A

*Defense attorney usually bears the burden of proof

Except Miranda

43
Q

Defense Attorney as Prime Mover

A

Unless the defense objects, it is assumed that law enforcement officials have behaved properly

44
Q

The Defensive Posture of the Prosecutor

A

Best case, suppression motions mean extra work

Worst case, the case is lost

45
Q

Trial Judges as Decision Makers

A

Key policymakers in applying and implementing Supreme Court decisions

46
Q

Police Testimony

A

The Exclusionary Rule and the Courtroom Workgroup

Courts (3 decks)

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