CRIMINAL PROCEDURE Flashcards
Reasonable Expectation of Privacy
Under constitutional law, what a person seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected by the Fourth Amendment. In contrast, what a person knowingly exposes to the public, even in his own home or office, is not subject of Fourth Amended protection
Arrest
Under constitutional law, a valid arrest occurs when, with probable cause, a person is taken into custody against his will, specifically for the purpose of initiating a criminal action or interrogation.
Search
Under constitutional law, a search is an intrusion by the government into an area where a person has a reasonable expectation of privacy or any physical intrusion upon personal property for the purpose to obtain information
Seizure
Under constitutional law, a seizure is the actual or constructive taking of a person or thing by the government.
The Exclusionary Rule
Under constitutional law, the exclusionary rule bars the admission into evidence of materials seized during an invalid arrest or reasonable search or seizure.
Voluntariness Approach- Fifth and Fourteenth Amendment Due Process Clause
Under the Due Process Clauses, a confession must generally be voluntary to be admitted into evidence. To determine whether a confession is voluntary, a court will look to the totality of the circumstances.
Right to Counsel Approach
Under the Sixth Amendment, a defendant has a right to counsel in his defese at all critical stages of a criminal prosecution. The Sixth Amendment right to counsel attaches at the initiation of formal charges against the defendant.
Miranda Standard
Under the Fifth Amendment, a person has a right to counsel in his defense when he is a suspect in police custody and he is subject to a custodial interrogation for accusations of a crime. The Fifth Amendment right to counsel attaches at the moment the suspect is subjected to custodial interrogation.
Custody
A parson is “in custody” when a reasonable person would not feel free to leave (e.g., if a person is arrested, he is in custody; but if a person is cornered by officers, an argument exist as to whether he is in custody).
Interrogation
“Interrogation” is questions or statements designed to get information, made or done by persons the defendant knows to be working for law enforcement. An undercover officer asking questions is not an interrogation.
Miranda Rights
Under the Fifth Amendment, a person in custody, prior to interrogations, must be informed that he has the right to remain silent, anything he says can be used against him in court, he has the right to the presence of counsel, and if he can not afford an attorney, one will be provided.
Waiver of Miranda Rights
Under the Fifth Amendment, a suspect can waive his Miranda rights as long as the waiver was made knowingly, intelligent, and voluntarily. Courts will look to the totality of the circumstances in determining, whether a waiver is valid.
Plea Bargains
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty in return for the prosecutor’s recommendation of light sentencing or dismissal of a charge.
Ineffective Counsel at Trial
Under the Sixth Amendment, a defendant has a right to effective representation by counsel. This right is violated if the defendant can prove that his counsel’s effectiveness substantially deviated from the reasonable effectiveness of an attorney and that the deficiency prejudiced the defendant’s right to a fair trail
Double Jeopardy
Under the Fifth Amendment and applicable to the states by the Fourteenth Amendment, the government cannot retry a person for the same offense once jeopardy attaches.
