Con law Flashcards

1
Q

Entrapment

A

Forbids police from implanting criminal ideas in innocent minds and brings about offenses that otherwise would never have been perpetrated

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2
Q

Composite sketches

A

Based on witness description
Can be beneficial, but should NOT be used as stand-alone evidence or as sole source of PC

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3
Q

Field views

A

Police arrange for a witness to observe a group of individuals in public place. Police have more latitude with this procedure than a show up b/c it is viewed as the equivalent of a non-suggestive line up

No time constraint
RS unnecessary (suspect not detained)
Equivalent to line up

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4
Q

Show ups/Bring backs

A

RS is the minimum amount of information officer must have in order to detain a suspect for a show up

  • Get a detailed description of the suspect from witness
  • Read witness instructions (best practice from a card)
    -Bring witness to suspect is possible
  • Keep witness separated
  • Multiple suspects and/or multiple witnesses- view separately
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5
Q

Four steps for proper identification procedure

A
  • Get a detailed description of the suspect from each witness prior to identification procedure
  • Read pre-selection instructions to each witness from card
  • Perform fair identification procedure
  • Document what you did
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6
Q

_____ hours for show up/bring back after the commission of the crime

A

2 hours

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7
Q

Noncorpeal identification

A

Involved a witness viewing a representation of the suspect

Never need counsel

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8
Q

Corporeal identification

A

Involves a live witness viewing the suspect in person

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9
Q

Identification procedures

A

Procedures which officers use to identify an offender must satisfy two constitutional requirements

  • Right to council (after arraignment or indictment)
  • Fundamental fairness (avoid an identification that is “unnecessarily suggestive “)
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10
Q

Confrontation clause

A

Have the right to confront the witness against you

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11
Q

Sixth amendment

A
  • Guarantees right, a counsel and speedy trial
  • Right to council attaches automatically after arraignment and indictment from a grand jury
  • Offense specific
  • Police question about unrelated crimes - - Custody not a consideration
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