Final Judicial Process Flashcards
6th amendment
Right to a speedy trial, but it can go out the window if there is a continuance by the defense to better prepare for trial
Right to a trial by jury # of people
Federal jury you will find 12 jurors, but it is not required by the state
Williams v. FL (1970)
A six member jury trial in all state criminal cases, except those involving capital punishment, is okay
You can enact the death penalty without a unanimous decision
Ballew v. Georgia
If you have 6, then yes you need a unanimous verdict
Johnson v. Louisiana (1970)
Non-unanimous verdicts with 12 persons juries are allowed you need 9 or the 12
Impartial jury
Supposed to have this right, but not in all cases
Baldwin v. New York (1970)
A serious offense for which the right to trial by jury is accorded, is 1 for which the max sentence is more than 6 months imprisonment being authorized
Maryland v. Craig (1990)
Face to face confrontation may be eliminated when necessary to further imported public policy & the reliability of testimony is still ensured
2. Ex. child abuse cases
f. Compulsory process
not only a subpoena, which is a command to appear at a particular time and location to provide testimony upon a certain matter, but also a bench warrant, which is a written order commanding a law enforcement officer to seize the person named and bring that person into court.
Transactional immunity
Full immunity, they cannot prosecute you for anything
ii. Better option
Use and derivative use immunity
The witness is assured that his or her testimony & evidence derived from it will not be used against him or her in a subsequent prosecution
ii. Can be prosecuted on the basis of evidence other than his or her testimony if the prosecutor has independent evidence
iii. Like inevitable discovery
Powell v Alabama (1932)
i. Were the accused denied rights to due process because of not having attorney?
ii. Yes they were
iii. Have the right to an attorney if facing the death penalty
Gideon v. Wainwright (1963)
Extended the right ot an attorney to individuals who were facing a felony (year or more of life taken away)
Argersinger v. Hamlin (1972)
i. Extends it to misdemeanors
Scott v. Illinois (1979)
i. An attorney is not required for a non-petty offense in which the actual punishment imposed is less than imprisonment
US v. Cronic (1984)
i. Ineffective assistance of counsel
ii. Point to specific errors that defense attorney made to show their ineffectiveness
Faretta v. CA (1975)
i. Accused has a constitutional right to waive counsel and represent themselves in a criminal procedure
ii. Supposed to be competent
Double jeopardy
is found in the 5th amendment for successive prosecution for the same offense in the same jurisdiction is prohibited
Rodney King beating
i. Officers had administrative liability
1. Suspended or dismissed
ii. State criminal court case
1. Acquitted
a. Wind
b. Briseno
c. Sgt koom
2. Hung jury
a. Larry Powell
iii. Tried in federal court
1. Both Koom and Powell were convicted in federal court & served time
iv. Not double jeopardy because two different jurisdictions
v. Held liable for federal civil rights violations
1. $3.8 million dollars
Title 42 Sect 1983 US code
i. Civil rights law
1. Put in place because of the ku Klux klan because they were serving as state officials & were tried to be controlled through this law
ii. Can sue an officer, a supervisor, & a police department
1. Deep pocketing, the higher the agency you can go up, the more money
Tort
A civil wrong in which the action of one person causes injury to the person or property of another in violation of legal duty imposed by law
State have sovereign immunity
i. The state cannot be sued
ii. The federal government cannot be sued (like judges)
Deep pocket
is when you can link lack of training to a higher up supervisor
Good faith
If your policy manual says it & you were following the policy, but it’s wrong. You can argue it was good faith because police manual says otherwise
Domestic abuse
a. Police do not have any liability in response to domestic abuse situations unless a special relationship has been created
i. Even if there is a restraining order, cops are not liable unless someone, for example, is posted outside someone’s home
VI. Police not held liable for either slow or improper response to a 911 call, the general rule is they are not liable
..
Terrorism
a. The unlawful use of force and violence against persons or property to intimidate or coerce the government, the civilian population, or any segment thereof
b. In the furtherance of political or social objectives
c. Don’t have to be Islamic, etc.
d. Can be homegrown
US Patriot act (2001)
a. Uniting and strengthening America by providing appropriate tools required to intercept and obstruct terrorism act of 2001
b. Gave police extensive authority for the following regarding suspecting terrorists
i. Search
ii. Seize evidence and them
iii. Eavesdrop
c. Modified immigration law
d. Increased fbi’s wiretap authority
e. Allowed fbi nationwide jurisdiction to obtain search warrants
f. Allowed fbi to use roving wire taps to monitor any telephone use by a suspect
Fusion centers
a. A means of electronic information that go through these centers
b. Ex. checking, savings, emails, phone calls
c. Tracks data
National Security Letter
a. Fbi can send a letter to the library, asking for every book that he has checked out
b. Not considered to be a search, but an administrative subpoena
c. Not used as much, but of legal actions
i. Courts say you must inform the person in question that you are sending the letters
d. In 2006, US Patriot act said the US Attorney general must report to congress on the use of these
Patriot act
a. Resulted in the formation of Homeland Security
i. Brought together 22 federal agencies under one umbrella
Hamdi v. Rumsfield (2004)
Due process required that when a US citizen for allegedly fighting against the US as an enemy combatant that person should be given a meaningful opportunity to contest the factural basis for their detention before a neutral decision maker
Rasul v. Bush (2004)
a. Writ of habeas corpus
i. To show the body, or produce the body
ii. Idea if you make the contention, then you are being unlawfully detained
iii. Have the right to be represented in a US court (foreign nationals) because you are holding them
Hamden v. Rumsfield (2006)
a. US supreme court held that the president of US does not have the power to establish military tribunals without authority from congress
Munaf v. Geren (2008)
a. Federal courts have jurisdiction over habeas petitions over people who think they are unlawfully detained foreignly
Olmstead
a. Physical trespass to listen in
b. If none, then it was okay to tap
Katz
a. Reasonable expectation of privacy
b. (telephone booth)
Four federal laws that govern electronic surveillance
b. Omnibus and safe streets act of 1968
c. Foreign intelligence surveillance act (1978)
i. FISA
ii. Fisa courts to get a warrant to monitor a cell phone
1. Not hard to get a warrant
2. Done in secret, pretty much will get approved (only 2 had been denied)
iii. Sets the procedure for foreign intelligence surveillance
d. Electronic communications and privacy act (1986)
i. ECPA
e. Communications assistance for law enforcement act (1984)
i. CALEA
US v. White (1971)
a. The court held that the constitution does not prohibit a government agent from using an electronic device to record if one party consents
i. Both parties do not have to know
ii. This case applies to phone calls
b. Not every state abides by this law.
i. Ex. Fl, both parties must consent
Riley v. CA (2013)
a. Phone was seized after incident to arrest & noticed the repeated use of a term associated to gangs
b. Riley was charged with connection to shooting & was convicted even on state appeals
c. May the police without a warrant search digital information on a cell phone seized from an individual that has been arrested
i. No, they cannot without a warrant
d. Digital data stored on cell phones do not present Chimmel risk & cannot be used to harm or use of physical escape
Marbury vs. Madison
judicial review. most important case
Mapp v. Ohio
evidence found violating the 4th amendment cannot be used
Terry v. Ohio
The 4th amendment is not violated when a police conducts a frisk without reason or probable cause
Arizona v. us
?
Chimmel v. California
Cannot search home without a search warrant but they can search the person’s immediate reach (wingspan)
4th amendment
Search and seizures
5th amendment
right to not self incriminate
6th amendment
right to a speedy trial
7th amendment
right to jury
8th amendment
cruel and unusual punishment
