Criminal Process

Question 1

Prosecution

Answer 1

government attorneys, “the people”, represent the state, present charges, evidence, and witnesses to a judge or jury to convince them “beyond a reasonable doubt”

Question 2

Defense

Answer 2

Prove evidence does not support their claim

Question 3

Bail

Answer 3

Ensures compliance with court appearances and court orders, usually placed on bail when larger flight risk

Question 4

Arraignment

Answer 4

D is advised of charges against them and possible punishments, pleas entered.

Question 5

Preliminary hearing

Answer 5

Class 3 felony, or worse to determine if enough probable cause exists to charge a person

Question 6

Indictment

Answer 6

Grand Jury passes down judgement

Question 7

How many type of plea bargains are there?

Answer 7

3, guilty, not guilty, no contest

Question 8

Deposition

Answer 8

coming to agreement down from higher charge to middle ground 1st degree to 2nd g\degree for a plea

Question 9

4th Amendment

Answer 9

Protect from search and seizure, and warrantless searches of persons, possessions and properties

Question 10

Plain view

Answer 10

Can see through, something open, by being where permitted to be

Question 11

Reasonable Suspicion

Answer 11

Articulable reasons a person may have committed or be involved with criminal activity

Question 12

Probable Cause

Answer 12

Enough evidence that you can say the person probably committed the crime, has to be thoroughly detailed for warrants

Question 13

What is a search/ by who?

Answer 13

By govt./ govt agent, where someone has reasonable expectation of Privacy

Question 14

3 pronged search test

Answer 14

Was govt involved
Is the individuals expectation of privacy one that society is ready to recognize as reasonable
Has the individual by his conduct sought to keep something private

Question 15

Seized

Answer 15

A reasonable person would believe he was not free to go/ has been seized within the meaning of the 4th amendment, the laying on of hands or application of physical force

Question 16

Plain View

Answer 16

Police legitimately on the premesis, Discover evidence, fruits of instruments of crime, see contraband must be readily apparent

Question 17

When do you need a warrant?

Answer 17

When there is a reasonable expectation of privacy and no exigent circumstances.

Question 18

Exception to warrants

Answer 18

Plain View, no warrant if someone is screaming, consensual search,
Good faith, mistake of where and what was found but was in good faith, honest mistake.

Question 19

Exclusionary Rule

Answer 19

Admisibility of illegally obtained evidence. Designed to deter police misconduct.

Question 20

Writ of assistance

Answer 20

Proof of owner ship, asking for help with eviction.

Question 21

5th amendment

Answer 21

Right to remain slient, been convicted by a grand jury, can not self incrimination,

Question 22

6th amendment

Answer 22

Right to a lawyer, speedy trial and confront the accusing party and charges brought against you.

Question 23

8th amendment

Answer 23

Cruel and unusual punishment, not excessive bail or fines

Question 24

Seizure

Answer 24

Possessory interest and a search affects a privacy
No warrant unless upon probable cause

Question 25

Unreasonable

Answer 25

Anything shocking, inappropriate or overreaching. (applies to force, search, and interrogations)

Question 26

Reasonable

Answer 26

Hard to define, what a standard and prudent officer in the same situation would do without prejudice.

Question 27

Brightline Rule

Answer 27

For something to be voluntary, have to know they are free to go or remove consent

Question 28

4th amendment applies to who

Answer 28

Govt, and its agents, could be confidential informent

Question 29

Consensual Contact

Answer 29

Must ask if you can speak with the person, they can change their mind at any time, officer must not withhold their id, a reasonable person would feel free to leave at any time.

Question 30

Investigatory Stop

Answer 30

Standard of Reasonable suspicion, investigating to see if they were involved, detention must be brief

Question 31

Stop and Frisk

Answer 31

Two Parts, reasonable suspicion something has or is about to happen, and reasonable concern he may be armed.

Question 32

Arrest

Answer 32

Probable Cause, Mirandize only if interrogating

Question 33

Interrogation

Answer 33

Asking probing question to illicit a response of self incrimination

Question 34

Custody

Answer 34

A person has been “seized”, they are not free to leave, ex: handcuffed in car

Question 35

Suspicion

Answer 35

Do not say you were “suspicious” of an individual, it is a conclusion before having all the facts

Question 36

Ordering Passengers from a vehicle

Answer 36

Officer safety purposes, we don’t know each other or what is in there,

Question 37

What must you establish for a Terry Frisk?

Answer 37

Reasonable Suspicion, facts must be articulable.

Question 38

3 parts of American justice system

Answer 38

Law, Courts, Corrections

Question 39

Inevitable discovery

Answer 39

Were lawfully where you could be and discovered other activity or contraband.

Question 40

CIAC

Answer 40

Colorado Information Analysis Center