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American Judicial > Chapter 8 > Flashcards

Chapter 8 Flashcards

1
Q

83% of all felony convictions in 2006 were….

A

Male

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2
Q

How should a defendant behave in court? (6)

A 
well groomed
neat clothing 
look interested 
not talk to witness or victims 
control emotions 
resist urge to whisper in attorneys ear
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3
Q

What is the exclusionary rule?

A

a remedy created for the violations of the 14th amendment and any evidence obtained by police by unreasonable search or seizure is inadmissible in court

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4
Q

Weeks vs U.S. (1914)

A

Applied the exclusionary rule Federally

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5
Q

Mapp vs. Ohio (1961)

A

Exclusionary rule is applied to the states

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6
Q

Elkins vs. U.S. (1960)

A

put an end to the silver platter doctrine

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7
Q

Rochen vs. California (1952)

A

evidence seized that shocked the conscience must be excluded as it violates the due process

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8
Q

Good faith

A

police are unaware of a warrant being invalid or unknowingly violate the 4th amendment

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9
Q

Inevitable discovery

A

permits the use of illegally obtained evidence by police if they can demonstrate they would have found it anyway by legal means

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10
Q

What is the silver platter doctrine?

A

illegally seized evidence could be turned over o federal law enforcement officers

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11
Q

Exceptions to exclusionary rule (5)

A 
Good faith
inevitable discovery 
impeachment
indépendant source
Attenuation
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12
Q

What factors are considered for a delay of speedy trial? (4)

A
  1. length of delay
  2. reason for delay
  3. defendants assertion of right
  4. any prejudice to the defendant causing a delay
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13
Q

What is hear say?

A

out of court statements made by witnesses who cannot come into the court and testify

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14
Q

What should a defendant focus on while in court?

A

Demeanor and appearance

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15
Q

What was the percentage of hispanic felons?

A

24%

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16
Q

What was the percentage of black felons?

A

45%

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17
Q

What was the median age of felons in 2006?

A

32 years of age

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18
Q

How many felons attended college?

A

20%

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19
Q

How many felons graduated college?

A

5.4%

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20
Q

How many defendants were indigent?

A

Majority

21
Q

Were the majority of felons convicted for their first time?

A

No, for many it was not their first rodeo

22
Q

Wolf vs. Colorado (1949)

A

d

23
Q

Nix vs. Williams (1984)

A

created the inevitable discovery exception

24
Q

Where did the good faith exception come from ?

A

U.S. v Leon

25
Q

What is the impeachment exception?

A

permits the use of illegally obtained evidence to impeach the defendants testimony

26
Q

What is the independent source exception?

A

If police have an independant source aside form the defendant. Example: found the body of a murdered victim before the defendant confessed to the murder

27
Q

What is the attenuation exception?

A

permits improperly obtained evidence when a subsequent event removes the “taint” of the constitutional violation that led to the discovery of the evidence

28
Q

What case developed the attenuation exception?

A

Crews vs U.S.

29
Q

What are the rights of a defendant pre-trial? (3)

A

Reasonable bail
Notice of charges
Right to Counsel

30
Q

What are the rights of a defendant during trial? (8)

A 
Speedy trial
Public trial
Trial by jury
Remain silent
Testify
Compulsory process
Present at trial
Confrontation
31
Q

What is a right to speedy trial?

A

a formal time limit in which a defendant has a right to be tried

32
Q

Where does the right to a speedy trial come from?

A

6th amendment

33
Q

What is the right to be present at trial?

A

a defendant has the right to be at his or her trial, but they can forfeit their right

34
Q

Where does the right to be present at trial come from ?

A

6th and 14th amendment

35
Q

What is the right to compulsory process?

A

the right to have individuals appear in court and testify as a witness on the behalf of the defense

36
Q

What is a subpoena?

A

a court order requiring someone to appear in court to testify as a witness

37
Q

What is the right to testify?

A

defendant has a right to testify on his or her own behalf

38
Q

Is the right to testify in the constitution or bill of rights?

A

nope

39
Q

What is the right to cross examine or confront witnesses?

A

guarantee’s the defendant a right to face evidence and witnesses against him or her

40
Q

What are the 2 clauses of the right to cross examine or confront witnesses?

A
  1. right to confront one’s accuser face-to-face

2. right to cross-examine witnesses called by prosecution

41
Q

What is cross-examining?

A

allowing the defendant to challenge the evidence brought against them

42
Q

What is impeachment?

A

ability to challenge the credibility of a witness

43
Q

What are the victims rights? (3)

A

Right to be informed
Right to attend
Right to be heard

44
Q

What is the right to be informed?

A

victims have that right to know about anything relating to their case including proceedings, decisions, and actions

45
Q

What is the right to attend?

A

victims can attend court proceedings

46
Q

What is the right to be heard?

A

Victims opinions relating to their case

47
Q

Being a witness, does that give you the right to testify?

A

NO, only if they testify about admissible evidence

48
Q

Victims Rights Act of 1982

A

Established victims rights

American Judicial (21 decks)

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