Court 2 Flashcards
What is probable cause
If the cop suspects you they can get warrant from judge before searching evidence and arresting
4th amendment guarantees
Unreasonable search and seizures
What is exclusionary rule
Prevents police from using illegally attained evidence against you
Unless they can prove they would’ve found it anyway
Mapp v Ohio (1961)
Incorporated the exclusionary rule against the states
New Jersey v TLO (1985)
School officials do not need warrants or probable clause to search student property
Inclocoparentis is
Teachers are your parents
Fifth amendment guarantees
No self incrimination
No double jeopardy
What is self incrimination
Don’t have to say bad stuff against yourself
What is double jeopardy
Cannot be tried for the same crime more then once
Miranda v Arizona (1966) suspects must be told…
You must be told your Miranda rights
Sixth amendment guarantees
Right to counsel
Right to trial
Right to counsel is
Right to have a lawyer or an assistant in court
Right to trial is
Speedy and public trial
Plea bargain is
The defendant will make deal with prosecutor that they will say guilty to a lesser crime
Gideon v wainwright (1963)
SCOTUS extended the right to an attorney (counsel) to everyone in state courts
8th amendment guarantees
No cruel and unusual punishment
Furmon v Georgia (1972)
Ruled capital punishment as administered by many states to be cruel and unusual punishment because it was arbitrary and disproportionate
Mandatory death sentences are
Unconstitutional
Gregg v Georgia (1976)
Upheld new Georgia law; under adequate guidelines, the death penalty does not constitute cruel and unusual punishment
2nd amendment guarantees
The right to bear arms
In re gault (1967)
Held that juveniles accused of crime in a delinquency processing must be offered many of the same due process rights as adults
JD has same rights as adults
Civil liberties in the main body of the constitution is located in
Article 1 section 9
What is writ of habeas corpus
Guarantees right to hearing
No bill of attainder is
Can not be declared
Guilty without a trial
What is no ex post facto laws
No retro active punishments
What happen to the frequency and bread of cases in which the death penalty
Less frequently in fewer cases
Can retarded people be put on death penalty
No
Can minors be put to death penalty
No
Police can seize without warrant if
Plain view
Open air
Search incident arrest
Garbage
Double jeopardy does not apply to
Appeals
Retrials
Commit multiple crimes separate trials for every offense
Police may use statements against you if
Spontaneous outburst exception
Police searching garbage
Allowed
Does the right to counsel apply to all criminal cases
In all felony
Not for minors
