Chapter 9 - Criminal Law and The Constitution

Question 1

Fourth Amendment

Answer 1

• No unreasonable searches and seizures without a warrant.

- The police/gov’t need a PROBABLE CAUSE to obtain a warrant.

Question 2

Warrant

Answer 2

• Issued by a judge that can see there is a probable cause.

Question 3

Probable Cause

Answer 3

• A law enforcement officer has reasonable grounds to believe that a person has committed a crime.
• In the case of searching or seizing property, whether the property is contraband, stolen, or useful as evidence to show crime has been committed.

Question 4

Kyllo v. United States

Answer 4

• Police using a thermal device to measure heat coming from the house.
• Police found that one wall was hotter, so determined drug growth.
• Without a warrant the police went and busted him.
• Argument was shouldn’t be using technology without a warrant because it was a search.
• Supreme Court said the police were engaged in a search of the home and needed a warrant.
• KYLLO WON

Question 5

Fifth Amendment

Answer 5

• Right to a jury (grand jury hen indictment occurs, enough evidence to go to trial?)
• No double jeopardy (can’t be tried for the same crime twice)
• Right to Remain Silent
• Due Process
• Just Compensation when the gov’t takes property (eminent domain)

Question 6

Miranda v. Arizona

Answer 6

• 1966, “Miranda warning”
• Miranda was in trouble for rape in AZ.
• Police began questioning without telling him of his rights (remain silent).
• Miranda confessed at the station.
• Later on, Miranda gets a lawyer.
• AZ argues that humans should already know their rights.
• S.C. decides that the police must tell them they have right to lawyer and the right to remain silent.

Question 7

Sixth Amendment

Answer 7

• Right to a Speedy Trial
• Right to a Jury
• Right to Compel witnesses to Testify (even if the witness doesn’t want to, they have to)
• Right to a Lawyer

Question 8

Gideon v. Wainwright

Answer 8

• Gideon committed a tiny crime along with other crimes.
• He was poor, so had no lawyer.
• Florida didn’t give him a lawyer because they thought for only a “capital case” (death row) that death row was needed.
• Gideon represented himself and lost.
• Gideon appealed to the S.C. and they said he was entitled to a lawyer.
• FLORIDA LOST.

Question 9

Eighth Amendment

Answer 9

• No excessive bail or fines

- No cruel or unusual punishment (courts interpret what is excessive)

Question 10

Graham v. Florida

Answer 10

• Graham was 16 yrs. old doing serious crimes. Was put on probation and violated his probation.
• Graham was then sentenced to life in prison.
• Graham’s lawyer said it was “cruel and unusual” for crime committed..
• GRAHAM WON