Chapter 5: Criminal Law and Procedure Flashcards
What are the different classifications of crimes (from serious to least serious)?
- Felony
- Misdemeanor
- Infraction
What are the purposes of criminal sanctions?
- Incapacitation
- Deterrence
- Rehabilitation
To convict a defendant of a crime, the government must:
- Demonstrate that alleged acts violated a criminal statute
- Prove beyond a reasonable doubt that the defendant committed the acts
- Prove the defendant had the capacity of criminal intent
What guarantees Constitutional protections?
Bill of Rights: first ten amendments to the U.S. Constitution
- Literally binds only the federal government, but applied to state through the due process clause of the Fourteenth Amendment
What is ex post facto?
Government may not enact an ex post facto (after the fact) law
- Thus a person cannot be charged with a crime for an act that when committed was not a crime
- Constititutionally protected behavior cannot be criminal
Does the government protect obscene expression?
No, the First Amendment allows the government to regulate indecent speech and does not protect obscene expression
- To determine if expression is obscene, courts apply the three-part Miller test
What are the three types of criminal sanctions?
- Deterrence
- Rehabilitation
- Incapacitation
What is deterrence? What are the two types of deterrence?
The threat or imposition of punishment deters the commission of crimes
- Special deterrence: Punishment of a defender deters him from committing further crimes
- General deterrence: Results when punishment of an offender deters him from committing further crimes
What is rehabilitation?
Changing the attitudes or values of convicted offenders so that they are not inclined to commit future offenses
What is incapacitation?
Refers to the effect of a sentence in terms of positively preventing (rather than merely deterring) future offending
What are the three recognized types of incapacity?
- Intoxication
- Infancy
- Insanity
What are the steps in a criminal procedure?
- Arrest and booking of defendant
- Arrest report filed with prosecutor
- If defendant charged, complaint filed
What are the three types of pleas a defendant can enter?
- Guilty
- Not guilty
- Nolo contendere (no contest)
What is the Fourth Amendment?
Protects persons against unreasonable and arbitrary searches and seizures
- Interpreted by Supreme Court to protect a reasonable expectation of privacy
- General rule: warrantless searches are unreasonable (unconstitutional)
What is not considered a “search”?
- Visual observation of things or activities in public view
- Narcotics detection dogs used in a public place to investigate luggage or cars
- Enhanced aerial photography of a facility
Supreme Court has held that constitutional warrantless searches include:
- Area within an arrestee’s immediate control
- Premises police enter in hot pursuit of an armed suspect
- Stop-and-frisk searches for weapons
- Inventory searches of property in an arrestee’s possession
- Consensual searches
- Exigent circumstances
What is the exclusionary rule?
Prevents the use of evidence seized in an illegal search in a subsequent trial of the defendant
What does the Fifth Amendment protect?
Provides a privilege or protection against compelled testimonial self-incrimination
- Practical meaning: A person may remain silent if making a statement would assist the government in prosecuting the person
- Miranda warnings safeguard the right
- Also prohibits prosecutorial comments at trial about the defendant’s failure to testify
Self-incrimination privilege applies to:
- Testimonial admissions, so police may compel a defendant to provide non-testimonial evidence (fingerprints, body fluids, hair)
- Applies only to humans (not corporations)
- Applies only if a defendant could be charged with a crime (not merely a civil lawsuit)
What does the double jeopardy clause protect?
Protects defendants from multiple criminal prosecutions for the same offense
What is the Sixth Amendment?
Applies to criminal cases by guarantees of a
- Speedy trial
- Impartial jury
- Right to confront and cross-examine witnesses
- Right to effective assistance of counsel
What are three white collar crimes?
- Regulatory offenses: Example: violating the Clean Water Act
- Fraudulent acts: Example: false claims, fraudulent concealment, wire fraud
- Sarbanes-Oxley act violations: Example: knowingly altering documents or business records with the intent to impede a government investigation
