Final Flashcards
Define “reasonable”
No specific meaning provided by courts. Logical, fair, not in left field. Depends on individual and circumstance
4th Amendment (2 concepts)
Unreasonable search and seizures, requirement of probable cause to issue warrant
Terry v. Ohio
Cops are in unique position to make inferences and have a great deal of freedom in doing so
Reasonable suspicion
Facts that would lead a reasonable person to suspect the same thing
A stop
Briefly detained because of reasonable suspicion
A frisk
Pat down/ minimal search of outer clothing to discover weapons
Stop & Frisk
Limited search of outer clothing for weapons based on reasonable suspicion
Probable Cause
Would lead police officer to believe 1) a crime has been committed or location continues anyway
Totality of the Citcumstances
Suggests there is no single deciding factor
Sources of Probable cause
Personal Observation
Information
Evidence
associoan
Exclusionary Rule
Can’t use illegally obtained evidence(Fruit of the Poisoned Tree)
Exceptions to exclusionary rule
Inevitable discovery
Good Faith
Arrest
Officer believe crime has been or is being committed
Warrantless arrest okay if:
Misdemeanor committed in his presence; probable cause that crime happened
Rules of Warrantless Arrest in residence
Cannot force entry(barring exigent circumstances)
Warrants
Has the name/ crime. Needed if officer establishes probable causes
To enter dwelling w/ warrant:
Must knock/identify purpose(barring exigent circumstances)
To make arrest in 3rd party’s residence
Requires warrant(barring exigent circumstances)
Reasonable expectation of privacy
Must show they have reasonable expectation of privacy; expectation must be reasonable
Search Warrant Rule
All searches without warrants are illegal except: lawful arrest, exigent circumstances, plain view, consent, plain view, automobile, inventory, emergencies
Warrants must demonstrate:
Probable cause, and specific information on suspect and items
4 categories of items that can be seized:
1)Items resulting from crime 2)Items that are inherently illegal 3)evidence 4)Items used in committing crime (scope of search limited to size of object)
Warrants not needed to search:
With consent, automobiles, or plain view
Electronic surveillance can only be used if:
Consent given or warrant given authorizing activity
Miranda Warnings
Explain rights when person is under arrest
Miranda Warnings not required when:
1)non-testimonial questions 2)question witnesses at scene 3)person volunteers info 4)suspect gives private statement to friend 5)2nd session 6)traffic stop
Court legitimacy based on:
Impartiality; independence
Due process function
Protect individual right
Crime Control Function
Punishment/Repression of criminal conduct
Rehabilitation function
Provide treatment for offenders when appropriate
The Bureaucratic Function
Tasks associated with processing cases
Jurisdiction
Authority of court to hear/decide cases. Set by law and limited by territory/type of case
Types of jurisdiction
Geographic, International, Subject-matter
Trial Courts
Have original jurisdiction; concerned with questions of fact
Appellate courts
Review decisions of lower courts; concerned with questions of law
Bench trial
Judge decides questions of fact and procedure
Jury trial
Judge decides questions of procedure, jury decides questions of fact
Fed/state court jurisdictions
Federal courts enforce federal statutes, State Courts enforce state statutes.
Concurrent jurisdiction
Both courts have jurisdiction
Michigan State Court System
District Court, Circuit Court, Michigan Court of Appeals, Michigan Supreme Court
Michigan Circuit Court
Felony/civil cases over $25,000, appeals from district court; family/probate court.
3 tiers of federal court
US District Court, US Court of Appeals(Michigan is 6th Federal Court of Appeals, United States Supreme Court(court of last resort)
Writ of certiorari
How cases are selected
2 ways Supreme Court makes policy
Judicial review, and interpretation of the law
Judicial review
Whether a law or action by other branches of government is constitutional
Interpretation of the law
Determines meaning of statutory provisions in specific situations
How are federal court judges appointed?
Appointed by pres; approved by Senate
How can state court judges be appointed?
Appointment, election or the Missouri Plan
What is the Missouri Plan?
State court judge nominated by nonpartisan committee, selected by governed. Retention elections
Duties of judges?
Negotiator, referee, teacher, administrator
Duties of Judiciary?
Oversees court conduct, settles questions of evidence/procedures, guides questioning of witnesses, decides case when jury not used, decides sentence
Courtroom work group
Judges, Prosecuters, defense attorneys, bailiffs, clerks of the court, court reporters
Prosecutors have authority to decide:
Whether suspect will be charged, level of charges, and if and when to stop prosecution
Federal level prosecution?
US attorney
State Prosecutors
State/District/County/City Attorney; State Prosecutor
