Court 2 Flashcards

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0
Q

What is probable cause

A

If the cop suspects you they can get warrant from judge before searching evidence and arresting

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1
Q

4th amendment guarantees

A

Unreasonable search and seizures

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2
Q

What is exclusionary rule

A

Prevents police from using illegally attained evidence against you
Unless they can prove they would’ve found it anyway

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3
Q

Mapp v Ohio (1961)

A

Incorporated the exclusionary rule against the states

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4
Q

New Jersey v TLO (1985)

A

School officials do not need warrants or probable clause to search student property

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5
Q

Inclocoparentis is

A

Teachers are your parents

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6
Q

Fifth amendment guarantees

A

No self incrimination

No double jeopardy

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7
Q

What is self incrimination

A

Don’t have to say bad stuff against yourself

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8
Q

What is double jeopardy

A

Cannot be tried for the same crime more then once

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9
Q

Miranda v Arizona (1966) suspects must be told…

A

You must be told your Miranda rights

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10
Q

Sixth amendment guarantees

A

Right to counsel

Right to trial

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11
Q

Right to counsel is

A

Right to have a lawyer or an assistant in court

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12
Q

Right to trial is

A

Speedy and public trial

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13
Q

Plea bargain is

A

The defendant will make deal with prosecutor that they will say guilty to a lesser crime

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14
Q

Gideon v wainwright (1963)

A

SCOTUS extended the right to an attorney (counsel) to everyone in state courts

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15
Q

8th amendment guarantees

A

No cruel and unusual punishment

16
Q

Furmon v Georgia (1972)

A

Ruled capital punishment as administered by many states to be cruel and unusual punishment because it was arbitrary and disproportionate

17
Q

Mandatory death sentences are

A

Unconstitutional

18
Q

Gregg v Georgia (1976)

A

Upheld new Georgia law; under adequate guidelines, the death penalty does not constitute cruel and unusual punishment

19
Q

2nd amendment guarantees

A

The right to bear arms

20
Q

In re gault (1967)

A

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

21
Q

Civil liberties in the main body of the constitution is located in

A

Article 1 section 9

22
Q

What is writ of habeas corpus

A

Guarantees right to hearing

23
Q

No bill of attainder is

A

Can not be declared

Guilty without a trial

24
Q

What is no ex post facto laws

A

No retro active punishments

25
Q

What happen to the frequency and bread of cases in which the death penalty

A

Less frequently in fewer cases

26
Q

Can retarded people be put on death penalty

A

No

27
Q

Can minors be put to death penalty

A

No

28
Q

Police can seize without warrant if

A

Plain view
Open air
Search incident arrest
Garbage

29
Q

Double jeopardy does not apply to

A

Appeals
Retrials
Commit multiple crimes separate trials for every offense

30
Q

Police may use statements against you if

A

Spontaneous outburst exception

31
Q

Police searching garbage

A

Allowed

32
Q

Does the right to counsel apply to all criminal cases

A

In all felony

Not for minors