Criminal Process Flashcards
Prosecution
government attorneys, “the people”, represent the state, present charges, evidence, and witnesses to a judge or jury to convince them “beyond a reasonable doubt”
Defense
Prove evidence does not support their claim
Bail
Ensures compliance with court appearances and court orders, usually placed on bail when larger flight risk
Arraignment
D is advised of charges against them and possible punishments, pleas entered.
Preliminary hearing
Class 3 felony, or worse to determine if enough probable cause exists to charge a person
Indictment
Grand Jury passes down judgement
How many type of plea bargains are there?
3, guilty, not guilty, no contest
Deposition
coming to agreement down from higher charge to middle ground 1st degree to 2nd g\degree for a plea
4th Amendment
Protect from search and seizure, and warrantless searches of persons, possessions and properties
Plain view
Can see through, something open, by being where permitted to be
Reasonable Suspicion
Articulable reasons a person may have committed or be involved with criminal activity
Probable Cause
Enough evidence that you can say the person probably committed the crime, has to be thoroughly detailed for warrants
What is a search/ by who?
By govt./ govt agent, where someone has reasonable expectation of Privacy
3 pronged search test
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
Seized
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
Plain View
Police legitimately on the premesis, Discover evidence, fruits of instruments of crime, see contraband must be readily apparent
When do you need a warrant?
When there is a reasonable expectation of privacy and no exigent circumstances.
Exception to warrants
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.
Exclusionary Rule
Admisibility of illegally obtained evidence. Designed to deter police misconduct.
Writ of assistance
Proof of owner ship, asking for help with eviction.
5th amendment
Right to remain slient, been convicted by a grand jury, can not self incrimination,
6th amendment
Right to a lawyer, speedy trial and confront the accusing party and charges brought against you.
8th amendment
Cruel and unusual punishment, not excessive bail or fines
Seizure
Possessory interest and a search affects a privacy
No warrant unless upon probable cause
Unreasonable
Anything shocking, inappropriate or overreaching. (applies to force, search, and interrogations)
Reasonable
Hard to define, what a standard and prudent officer in the same situation would do without prejudice.
Brightline Rule
For something to be voluntary, have to know they are free to go or remove consent
4th amendment applies to who
Govt, and its agents, could be confidential informent
Consensual Contact
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.
Investigatory Stop
Standard of Reasonable suspicion, investigating to see if they were involved, detention must be brief
Stop and Frisk
Two Parts, reasonable suspicion something has or is about to happen, and reasonable concern he may be armed.
Arrest
Probable Cause, Mirandize only if interrogating
Interrogation
Asking probing question to illicit a response of self incrimination
Custody
A person has been “seized”, they are not free to leave, ex: handcuffed in car
Suspicion
Do not say you were “suspicious” of an individual, it is a conclusion before having all the facts
Ordering Passengers from a vehicle
Officer safety purposes, we don’t know each other or what is in there,
What must you establish for a Terry Frisk?
Reasonable Suspicion, facts must be articulable.
3 parts of American justice system
Law, Courts, Corrections
Inevitable discovery
Were lawfully where you could be and discovered other activity or contraband.
CIAC
Colorado Information Analysis Center
