Chapter 16 - Constitutional Right to a Fair Trial Flashcards
Defite “retain”
To continue to hold or have
Which two Constituional Amendments say that the Government may not deprive anyone of “life, liberty, or property without due process of law?
The 5th and 14th Amendments
Procedural Due Process requires two things:
- Notifying a person that he is accused of wrongdoing and the government intends to take action against that person; and
- Giving the affected person the right to respond to the accusation.
Define “criminal justice process”
Everything that happens to a person who commits a crime, from arrest through prosecution and conviction to release from prison.
What is the standard of proof the Government must overcome to convince a judge or jury in a criminal case?
Beyond a Reasonable Doubt
Name several safeguards that ensure trials are fair and impartial.
- A public trial
- Right to have an attorney
- Right not to testify against oneself
The Fourth Amendment protects Americans from:
Unreasonable government searches and seizures
Define “evidence”
An outward sign; something that furnishes proof
Define “prosecute”
To conduct criminal proceedings in court.
Define “search warrant”
An order signed by a judge describing a specific place to be searched for specific items.
Define “probable cause”
A reasonable basis to believe a person or premisis are linked to a crime.
Define “contraband”
Anything prohibited by law from being imported, exported, or possessed.
To get a warrant, police must state under oath that they have ________ to suspect that someone has committed a crime.
Probable Cause
T or F. There are some instances where police are allowed to search without a warrant.
True
Give examples where police can search without a warrant.
- Where the police officer’s safety is at risk.
- Where police enter a building during an emergency or when chasing a suspect.
- When searching a vehicle (as long as there is probable cause that contraband is in the vehicle)
- When the searched person gives consent.
- Gov’t officials can search at borders and airports.
- When an item is in “plain view.”
T or F. In general, when evaluating a warrantless search violates the 4th Amendment courts look at the circumstances of the case and ask whether the person concerned had a “reasonable expectation of privacy.”
True
Define “arrest”
To take or keep in custody by authority of law
Define “exclusionary rule”
A rule that forbids the introduction of illegally obtained evidence in a criminal trial.
Generally, people have the greatest expectation of privacy inside their _______.
Homes
Under the 4th Amendment, seizures must be ______.
Reasonable
An arrest is considered a ________ under the 4th Amendment.
Seizure
T or F. Someone who is taken into custody under circumstances when a reasonable person would not feel free to leave is considered to be under arrest.
True
Name the two scenarios when someone can be arrested.
- Under a warrant issued by a judge
- Without a warrant if a law enforcement officer has probable cause
T or F. A police officer needs probable cause to stop and question someone on the street.
False. BUT the officer must have reasonable suspicion that the person is involved in criminal activity.
T or F. Reasonable suspicion requires MORE suspicion than probable cause.
False. It requires less.
T or F. Even without reasonable suspicion, a police officer may go up to any individual and ask to speak to him or her.
True. The person is free to decline.
T or F. If a court decides the evidence in a case was gained through an illegal search, then the evidence cannot be used at trial against the defendant.
True. See the Exclusionary Rule.
In this Supreme Court case ____ the Court ruled that the exclusionary rule applies to both state and federal governments.
Mapp v. Ohio
What is the “good faith exception” to the exclusionary rule?
Evidence gathered in violation of the 4th Amendment may be allowed at trial if the police were acting in good faith and believed they had a valid warrant.
Describe a student’s 4th Amendment right while in a public school.
Limited. School officials don’t need warrants or probable cause to search BUT they do need reasonable suspicion that a student has violated the law or broken a school rule. New Jersey v. T.L.O.
When can police execute a “suspicionless search” under the 4th Amendment.
At fixed-point searches at international borders and highway sobriety checkpoints.
T or F. Racial profiling is an appropriate law enforcement tactic.
False. Police can not select people to be searched based on their race.
Define “interrogation”
A formal or official questioning
Define “self-incrimination”
Testifying against oneself.
Which Amendment protects one from self-incrimination?
5th Amendment
Define “voluntary”
Proceeding from the will or from one’s own choice or consent
T or F. A confession can not be used in court it its not voluntary and trustworthy.
True
T or F. The Supreme Court ruled that even a voluntary confession is inadmissible if it has been obtained after denying the accused person’s request to talk to an attorney.
True. Escobedo v. Illinois
In this case, the Supreme Court ruled that the 5th Amendment requires police to inform suspects in custody of their rights before questioning them.
Miranda v. Arizona
Name the Miranda Rights
The right for a defendant who is in custody AND being questioned to :
1. Remain silent
2. Right to an attorney
T or F. Miranda Rights only apply when there is CUSTODY + QUESTIONING
True
T or F. A person can be in “custody” even if he has not been arrested.
True. BUT only if a reasonable person would not have felt free to leave.
Define the “presumption of innocence”
It means the deciders of fact in a trial must regard the defendant as innocent until proven guilty.
T or F. The defendant has the burden of proof at trial.
False. The government does.
T or F. The government has to prove EACH element of a crime beyond a reasonable doubt.
True
Define “bias”
Information and ideas that support only one point of view on an issue; the distortion of a set of statistical results.
Define “plea bargain”
An agreement whereby a defendant pleads guilty to a lesser crime than the one with which a defendant was originally charged and in return the government agrees not to prosecute the defendant for the more serious crime.
T or F. Defendants in felony criminal trials in all state and federal courts have a right to a jury trial.
True
T or F. The Supreme Court has ruled that lawyers may exclude jurors from serving on a jury solely because of their race, gender, or national origin.
False
Define “counsel”
An attorney providing legal advice or representation
Define “acquittal”
Judicial deliverance from a criminal charge on a verdict or finding of not guilty
Define “indigent”
Suffering from extreme poverty
T or F. Governments are required to provide attorneys for defendants who cannot afford them in any case where a jail sentence could be imposed.
True
What are trial rights protected by the 5th and 6th Amendments
- Right to a jury
- Right to an attorney
- Right to a speedy trial
- Confrontation of a witness
- Freedom from self-incrimination
Define “cross-examination”
The examination of a witness who has already testified in order to check or discredit the witness’s testimony, knowledge, or credibility
Definte “status offense”
Any act that a juvenile can be lawfully detained for, but which is not a crime if committed by an adult
Give examples of a status offense
Running away from home
Truancy from school
T or F. The Supreme Court ruled that neither public trials nor jury trials are required in the juvenile system.
True
Define “sentence”
The punishment to be imposed on an offender after a guilty verdict.
What is the “ex post facto clause” in the U.S. Constitution?
The clause that prevents the government from punishing someone for doing something that was not a crime when the act was committed.
Which Amendment prohibits “cruel and unusual punishment”
8th Amendment
What is the “three-strikes laws”?
Laws that typically impose an automatic minimum sentence of 25 years or life imprisonment when a person is convicted of a serious offense for the third time
T or F. In Ewing v. California, the Supreme Court decided that the three-strikes law was constitutional.
True
Define “capital punishment”
Execution of an offender sentenced to death after conviction by a court of law of a criminal offense
Capital punishment is reserved for which crimes?
- Murder
- Crimes agatins the US like treason or espionage
T or F. The Supreme Court has ruled that the death penalty is unconstituional in certain situations.
True
T or F. People with mental disabilities and people under the age of 18 can be executed.
False
T or F. In Graham v. Florida, the Supreme Court ruled that juveniles cannot be given life without parole for a crime other than murder.
True
T or F. In Miller v. Alabama, the Court ruled that mandatory sentences of life in prison without parole are unconstituional for juveniles.
True
Define “double jeopardy”
The subjecting of a person to a second trial or punishment for the same offense for which the person has already been tried or punished
____ is a way for people who are imprisoned to challenge their confinement.
Habeas Corpus
Which Article of the Constitution says that habeas corpus cannot be suspended, except in cases of rebellion or invasion?
Article I, Section 9
What are the purposes of sentencing?
- Incapacitation
- Deterrence
- Restitution
- Retribution
- Rehabilitation
What are the 5th Amendment rights at trial?
- Freedom from self-incrimination
- Due process of law
What are the 6th Amendment rights at trial?
- Speedy and public trial
- Impartial jury
- Confrontation of witnesses
- Right to call own witnesses
- Right to attorney
What are the Constitutional Protections for everyone AFTER trial?
- Ex post facto clause
- Habeas corpus
- No double jeopardy (5th Amendment)
- No cruel and unusual punishment (8th Amendment)
T or F. Juveniles may be tried as adults for serious crimes.
True
T or F. Jailed juveniles are housed separately from adults.
True
To continue to hold or have
Defite “retain”
The 5th and 14th Amendments
Which two Constituional Amendments say that the Government may not deprive anyone of “life, liberty, or property without due process of law?
- Notifying a person that he is accused of wrongdoing and the government intends to take action against that person; and
- Giving the affected person the right to respond to the accusation.
Procedural Due Process requires two things:
Everything that happens to a person who commits a crime, from arrest through prosecution and conviction to release from prison.
Define “criminal justice process”
Beyond a Reasonable Doubt
What is the standard of proof the Government must overcome to convince a judge or jury in a criminal case?
- A public trial
- Right to have an attorney
- Right not to testify against oneself
Name several safeguards that ensure trials are fair and impartial.
Unreasonable government searches and seizures
The Fourth Amendment protects Americans from:
An outward sign; something that furnishes proof
Define “evidence”
To conduct criminal proceedings in court.
Define “prosecute”
An order signed by a judge describing a specific place to be searched for specific items.
Define “search warrant”
A reasonable basis to believe a person or premisis are linked to a crime.
Define “probable cause”
Anything prohibited by law from being imported, exported, or possessed.
Define “contraband”
Probable Cause
To get a warrant, police must state under oath that they have ________ to suspect that someone has committed a crime.
True
T or F. There are some instances where police are allowed to search without a warrant.
- Where the police officer’s safety is at risk.
- Where police enter a building during an emergency or when chasing a suspect.
- When searching a vehicle (as long as there is probable cause that contraband is in the vehicle)
- When the searched person gives consent.
- Gov’t officials can search at borders and airports.
- When an item is in “plain view.”
Give examples where police can search without a warrant.
True
T or F. In general, when evaluating a warrantless search violates the 4th Amendment courts look at the circumstances of the case and ask whether the person concerned had a “reasonable expectation of privacy.”
To take or keep in custody by authority of law
Define “arrest”
A rule that forbids the introduction of illegally obtained evidence in a criminal trial.
Define “exclusionary rule”
Homes
Generally, people have the greatest expectation of privacy inside their _______.
Reasonable
Under the 4th Amendment, seizures must be ______.
Seizure
An arrest is considered a ________ under the 4th Amendment.
True
T or F. Someone who is taken into custody under circumstances when a reasonable person would not feel free to leave is considered to be under arrest.
- Under a warrant issued by a judge
- Without a warrant if a law enforcement officer has probable cause
Name the two scenarios when someone can be arrested.
False. BUT the officer must have reasonable suspicion that the person is involved in criminal activity.
T or F. A police officer needs probable cause to stop and question someone on the street.
False. It requires less.
T or F. Reasonable suspicion requires MORE suspicion than probable cause.
True. The person is free to decline.
T or F. Even without reasonable suspicion, a police officer may go up to any individual and ask to speak to him or her.
True. See the Exclusionary Rule.
T or F. If a court decides the evidence in a case was gained through an illegal search, then the evidence cannot be used at trial against the defendant.
Mapp v. Ohio
In this Supreme Court case ____ the Court ruled that the exclusionary rule applies to both state and federal governments.
Evidence gathered in violation of the 4th Amendment may be allowed at trial if the police were acting in good faith and believed they had a valid warrant.
What is the “good faith exception” to the exclusionary rule?
Limited. School officials don’t need warrants or probable cause to search BUT they do need reasonable suspicion that a student has violated the law or broken a school rule. New Jersey v. T.L.O.
Describe a student’s 4th Amendment right while in a public school.
At fixed-point searches at international borders and highway sobriety checkpoints.
When can police execute a “suspicionless search” under the 4th Amendment.
False. Police can not select people to be searched based on their race.
T or F. Racial profiling is an appropriate law enforcement tactic.
A formal or official questioning
Define “interrogation”
Testifying against oneself.
Define “self-incrimination”
5th Amendment
Which Amendment protects one from self-incrimination?
Proceeding from the will or from one’s own choice or consent
Define “voluntary”
True
T or F. A confession can not be used in court it its not voluntary and trustworthy.
True. Escobedo v. Illinois
T or F. The Supreme Court ruled that even a voluntary confession is inadmissible if it has been obtained after denying the accused person’s request to talk to an attorney.
Miranda v. Arizona
In this case, the Supreme Court ruled that the 5th Amendment requires police to inform suspects in custody of their rights before questioning them.
The right for a defendant who is in custody AND being questioned to :
1. Remain silent
2. Right to an attorney
Name the Miranda Rights
True
T or F. Miranda Rights only apply when there is CUSTODY + QUESTIONING
True. BUT only if a reasonable person would not have felt free to leave.
T or F. A person can be in “custody” even if he has not been arrested.
It means the deciders of fact in a trial must regard the defendant as innocent until proven guilty.
Define the “presumption of innocence”
False. The government does.
T or F. The defendant has the burden of proof at trial.
True
T or F. The government has to prove EACH element of a crime beyond a reasonable doubt.
Information and ideas that support only one point of view on an issue; the distortion of a set of statistical results.
Define “bias”
An agreement whereby a defendant pleads guilty to a lesser crime than the one with which a defendant was originally charged and in return the government agrees not to prosecute the defendant for the more serious crime.
Define “plea bargain”
True
T or F. Defendants in felony criminal trials in all state and federal courts have a right to a jury trial.
False
T or F. The Supreme Court has ruled that lawyers may exclude jurors from serving on a jury solely because of their race, gender, or national origin.
An attorney providing legal advice or representation
Define “counsel”
Judicial deliverance from a criminal charge on a verdict or finding of not guilty
Define “acquittal”
Suffering from extreme poverty
Define “indigent”
True
T or F. Governments are required to provide attorneys for defendants who cannot afford them in any case where a jail sentence could be imposed.
- Right to a jury
- Right to an attorney
- Right to a speedy trial
- Confrontation of a witness
- Freedom from self-incrimination
What are trial rights protected by the 5th and 6th Amendments
The examination of a witness who has already testified in order to check or discredit the witness’s testimony, knowledge, or credibility
Define “cross-examination”
Any act that a juvenile can be lawfully detained for, but which is not a crime if committed by an adult
Definte “status offense”
Running away from home
Truancy from school
Give examples of a status offense
True
T or F. The Supreme Court ruled that neither public trials nor jury trials are required in the juvenile system.
The punishment to be imposed on an offender after a guilty verdict.
Define “sentence”
The clause that prevents the government from punishing someone for doing something that was not a crime when the act was committed.
What is the “ex post facto clause” in the U.S. Constitution?
8th Amendment
Which Amendment prohibits “cruel and unusual punishment”
Laws that typically impose an automatic minimum sentence of 25 years or life imprisonment when a person is convicted of a serious offense for the third time
What is the “three-strikes laws”?
True
T or F. In Ewing v. California, the Supreme Court decided that the three-strikes law was constitutional.
Execution of an offender sentenced to death after conviction by a court of law of a criminal offense
Define “capital punishment”
- Murder
- Crimes agatins the US like treason or espionage
Capital punishment is reserved for which crimes?
True
T or F. The Supreme Court has ruled that the death penalty is unconstituional in certain situations.
False
T or F. People with mental disabilities and people under the age of 18 can be executed.
True
T or F. In Graham v. Florida, the Supreme Court ruled that juveniles cannot be given life without parole for a crime other than murder.
True
T or F. In Miller v. Alabama, the Court ruled that mandatory sentences of life in prison without parole are unconstituional for juveniles.
The subjecting of a person to a second trial or punishment for the same offense for which the person has already been tried or punished
Define “double jeopardy”
Habeas Corpus
____ is a way for people who are imprisoned to challenge their confinement.
Article I, Section 9
Which Article of the Constitution says that habeas corpus cannot be suspended, except in cases of rebellion or invasion?
- Incapacitation
- Deterrence
- Restitution
- Retribution
- Rehabilitation
What are the purposes of sentencing?
- Freedom from self-incrimination
- Due process of law
What are the 5th Amendment rights at trial?
- Speedy and public trial
- Impartial jury
- Confrontation of witnesses
- Right to call own witnesses
- Right to attorney
What are the 6th Amendment rights at trial?
- Ex post facto clause
- Habeas corpus
- No double jeopardy (5th Amendment)
- No cruel and unusual punishment (8th Amendment)
What are the Constitutional Protections for everyone AFTER trial?
True
T or F. Juveniles may be tried as adults for serious crimes.
True
T or F. Jailed juveniles are housed separately from adults.
