Chapter 8 Flashcards
83% of all felony convictions in 2006 were….
Male
How should a defendant behave in court? (6)
well groomed neat clothing look interested not talk to witness or victims control emotions resist urge to whisper in attorneys ear
What is the exclusionary rule?
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
Weeks vs U.S. (1914)
Applied the exclusionary rule Federally
Mapp vs. Ohio (1961)
Exclusionary rule is applied to the states
Elkins vs. U.S. (1960)
put an end to the silver platter doctrine
Rochen vs. California (1952)
evidence seized that shocked the conscience must be excluded as it violates the due process
Good faith
police are unaware of a warrant being invalid or unknowingly violate the 4th amendment
Inevitable discovery
permits the use of illegally obtained evidence by police if they can demonstrate they would have found it anyway by legal means
What is the silver platter doctrine?
illegally seized evidence could be turned over o federal law enforcement officers
Exceptions to exclusionary rule (5)
Good faith inevitable discovery impeachment indépendant source Attenuation
What factors are considered for a delay of speedy trial? (4)
- length of delay
- reason for delay
- defendants assertion of right
- any prejudice to the defendant causing a delay
What is hear say?
out of court statements made by witnesses who cannot come into the court and testify
What should a defendant focus on while in court?
Demeanor and appearance
What was the percentage of hispanic felons?
24%
What was the percentage of black felons?
45%
What was the median age of felons in 2006?
32 years of age
How many felons attended college?
20%
How many felons graduated college?
5.4%
How many defendants were indigent?
Majority
Were the majority of felons convicted for their first time?
No, for many it was not their first rodeo
Wolf vs. Colorado (1949)
d
Nix vs. Williams (1984)
created the inevitable discovery exception
Where did the good faith exception come from ?
U.S. v Leon
What is the impeachment exception?
permits the use of illegally obtained evidence to impeach the defendants testimony
What is the independent source exception?
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
What is the attenuation exception?
permits improperly obtained evidence when a subsequent event removes the “taint” of the constitutional violation that led to the discovery of the evidence
What case developed the attenuation exception?
Crews vs U.S.
What are the rights of a defendant pre-trial? (3)
Reasonable bail
Notice of charges
Right to Counsel
What are the rights of a defendant during trial? (8)
Speedy trial Public trial Trial by jury Remain silent Testify Compulsory process Present at trial Confrontation
What is a right to speedy trial?
a formal time limit in which a defendant has a right to be tried
Where does the right to a speedy trial come from?
6th amendment
What is the right to be present at trial?
a defendant has the right to be at his or her trial, but they can forfeit their right
Where does the right to be present at trial come from ?
6th and 14th amendment
What is the right to compulsory process?
the right to have individuals appear in court and testify as a witness on the behalf of the defense
What is a subpoena?
a court order requiring someone to appear in court to testify as a witness
What is the right to testify?
defendant has a right to testify on his or her own behalf
Is the right to testify in the constitution or bill of rights?
nope
What is the right to cross examine or confront witnesses?
guarantee’s the defendant a right to face evidence and witnesses against him or her
What are the 2 clauses of the right to cross examine or confront witnesses?
- right to confront one’s accuser face-to-face
2. right to cross-examine witnesses called by prosecution
What is cross-examining?
allowing the defendant to challenge the evidence brought against them
What is impeachment?
ability to challenge the credibility of a witness
What are the victims rights? (3)
Right to be informed
Right to attend
Right to be heard
What is the right to be informed?
victims have that right to know about anything relating to their case including proceedings, decisions, and actions
What is the right to attend?
victims can attend court proceedings
What is the right to be heard?
Victims opinions relating to their case
Being a witness, does that give you the right to testify?
NO, only if they testify about admissible evidence
Victims Rights Act of 1982
Established victims rights
