Final Exam

Question 1

Dual Sovereignty

Answer 1

An individual may be prosecuted twice for the same offense by different jurisdictions.

Question 2

Civil Remedies

Answer 2

legal actions may be filed against individual officers, their supervisors, and local governments for money damages. Injunctions and “pattern or practice” suits may be filed asking a court to order that the police stop enforcing a policy that violates individuals constitutional rights. ex: like filing a civil suit for money damages, to compensate the victim instead of punishing the tortfeasor. Police and other police officials can also be sued for damages if they believe that they have been deprived of their constitutional rights.

Question 3

Criminal Remedies

Answer 3

State and federal police officers may be criminally prosecuted and punished

Question 4

Administrative Remedies

Answer 4

Police officers may be subjected to internal administrative procedures for violating departmental regulations. Officers who are found guilty may be subjected to discipline ranging from fines and suspensions to termination

Question 5

Affirmative Link

Answer 5

between the officer in the institution. Making the superior responsible for the actions of the subordinate. The AL between the behavior of the individual and the institution, you don’t do that then you cant go after the institution. Going after the institution

Question 6

Absolute immunity

Answer 6

helps insure that the judicial process functions efficiently and smoothly because individuals are completely protected against a 1983 suit for acts undertaken during the judicial process. (immunity: judges, prosecutors, witnesses and jurors) for statements and actions during the judicial process. (judicial function) (LITERALLY TO PROTECT AND GIVE IMMUNITY TO GOVERNMENT OFFICIALS, IMMUNITY FROM CRIMINAL PROSECUTION AND LAWSUITS AS LONG AS THEY WERE ACTING IN THE SCOPE OF THEIR DUTIES.)

Question 7

Qualified immunity

Answer 7

subject to legal actions when they violate clearly established legal rules. The police officer is held liable only when the officer knows or should know that he or she is violating the law. When the law is uncertain individuals with qualified immunity are immune from prosecution fro violating constitutional rights because of the government official was unable to look to clear legal principles to guide his or her conduct. Qualified immunity allows police officers to enforce the law without fear that they will be held liable. (THE OFFICER IS WON’T BE LIABLE, UNLESS WHAT HE DID VIOLATED A CLEARLY ESTABLISHED LEGAL RIGHT)

Question 8

The Police doesn’t have the responsibility to protect everyone, why?

Answer 8

Because they don’t have the resources. You set the police up to be sued by everyone if the courts came out and said that they have to protect everyone.

Question 9

BUT.. who does legally have to protect everyone?

Answer 9

Corrections Officers

Question 10

Exclusionary Rule

Answer 10

Evidence that is obtained as a result of a violation of the 4th amendment prohibition on unreasonable searches and seizures is inadmissible in a criminal procedure to establish a defendants guilt. IN SIMPLE TERMS: It says that evidence from people who were forced to talk is not allowed in court. Also, evidence taken from an illegal search of property may not be used in court.

Question 11

Fruit of the poisonous tree

Answer 11

vidence that is discovered as a result of the unlawfully seizes items is excluded from evidence. (Evidence that is obtained illegally)

Question 12

Standing

Answer 12

A defendant’s eligibility to contest the legality of a search. The only person who can sue or complain about their rights being violated is the actual person who rights were being violated.

Question 13

When can unlawfully obtained evidence be used in a court of law?

Answer 13

If a defendant is up there saying that they don’t sell drugs or know what drugs looks like you can use the illegally obtained evidence to show that he is lying (like if he’s el chapo).

Question 14

When the police doesn’t have a warrant its still okay for searches and seizures?

Answer 14

YES, When they are working in Good Faith

Question 15

Entrapment

Answer 15

situation in which the government entraps or induces an individual to commit a crime.

Question 16

Subjective test for entrapment

Answer 16

Test that asks whether the accused possessed the criminal intent or predisposition to commit the crime or whether the government created the crime. (look at the individual to see if they are predisposed to do the crime)

Question 17

Objective Test for Entrapment

Answer 17

test for entrapment that focuses on the conduct of the government rather than on the character of the individual. (Look at the gov.)

Question 18

At which point in the criminal justice process does the responsibility of the case switch to police to prosecution?

Answer 18

The ARREST

Question 19

Description of a Prosecutor

Answer 19

Burden to proving guilt(burden of proof), also with the defense also does the opening statements

Question 20

Selective Prosecution

Answer 20

Prosecution in violation of the Equal Protection clause of the 5th and 4th amendments, which protect individuals from prosecution because of their race or their gender or the exercise of their fundamental rights.

Question 21

Vindictive Prosecution

Answer 21

Prosecution in violation of the Due Process Clause of the 5th and 4th amendments, which protect individuals who assert their constitutional or statutory rights from retaliation in the form go having more serious charges brought against them.

Question 22

Probable cause

Answer 22

facts and circumstances within officers knowledge, and of which they have reasonably trustworthy information, that would warrant a person of reasonable caution to believe that the offense has been or is being committed.

Question 23

When do you need probable cause?

Answer 23

Warrant

Question 24

Bail

Answer 24

Release prior to trial typically based on the payment of 10 percent of a fixed bail amount. 8th amendment- excessive bail shall not be required.

Question 25

5th Amendment

Answer 25

General Right to Council

Question 26

6th Amendment

Answer 26

Charge Specific

Question 27

Grand Jury

Answer 27

If a grand jury decides to indict then its a true bill if they don’t then its called no bill. The Grand Jury is secret, the defense isn’t a there, you can use illegally obtained evidence.

Question 28

Exculpatory Evidence

Answer 28

Evidence that proves that your guy didn’t do it

Question 29

Double Jeopardy

Answer 29

You cannot retry that defendant again. Prosecuting a defendant in the same jurisdiction on two occasions for the same offense.

Question 30

Bench Trial (Double Jeopardy)

Answer 30

attaches to the trial when the first witness is sworn in double jeopardy is attached in that trial.

Question 31

Jury Trial (Double Jeopardy)

Answer 31

double jeopardy is attached the moment that the jury is sworn in

Question 32

Discovery rules

Answer 32

Names or potential witnesses and addresses, how to get in contact with them, what they are going to say (witness statements), police officers

Question 33

Voirdire

Answer 33

what can and cannot be used to pick a jury (examination of the juries)

Question 34

Mistrials

Answer 34

A fundamental error that causes cancellation of a trial

Question 35

When are Mistrials granted?

Answer 35

a verdict cannot be reached, a conviction can be reached, but an error makes a reversal on a appeal a certainty, Mistrial over defendants objection (justice wouldn’t be served by continuing the trial, the judge exercises discretion)