Final Review

Question 1

Bill of Rights

Answer 1

The first 10 amendments of the constitution

Question 2

Presumption of Innocence

Answer 2

All individuals that stand trial all own the presumption of innocence, part of due process rights.

Question 3

Indictment

Answer 3

Grand jury determines indictment, and passes down.

Question 4

Proof beyond a reasonable doubt

Answer 4

Nothing-reasonable suspicion- probable cause-beyond reasonable doubt-certainty

Question 5

4th amendment

Answer 5

Right against unreasonable search and seizure

Question 6

5th amendment

Answer 6

Right against self incrimination

Question 7

6th amendment

Answer 7

Right to a speedy trial, right to have an attorney, right to the notice of your charges, right to confront and cross examine any witness against you.

Question 8

Writ of Hebeas Corpus

Answer 8

Something that you “file” to challenge the legality of you being detained. Questioning detainment, and making prosecution prove that probable cause is there to detain you. CHALLENGE TO THE GOVERNMENTS AUTHORITY TO DETAIN YOU AND IMPRISON YOU.

Question 9

Adversarial system

Answer 9

What ensures that there is mutual combat. What our CRJ system is. The burden of proof is on the prosecution, and the defense has the right to fight back.

Question 10

Know about relevant and reliable evidence as well as its competency

Answer 10

For evidence to be accepted it has to be relevant and reliable and competent, has to be all three.

Question 11

Know about evidence if it is collected in bad faith

Answer 11

Almost always will be tossed from the court room and case. If evidence is potentially favorable to the accused is misplaced or misused is only thrown out unless there is bad faith.

Question 12

Brady Violations

Answer 12

Exculpatory evidence, information that may prove evidence. All evidence including exculpatory evidence must be presented, failure in doing so is called this.

Question 13

Know who is the finder of fact in a jury trial

Answer 13

The jury

Question 14

Know who solves questions of law in a jury trial

Answer 14

The judge

Question 15

Alford plea

Answer 15

Guilty plea, while still maintains your innocence. Judge has to accept it, and it cannot be accepted in every scenario. May help in civil trial

Question 16

Circumstantial evidence

Answer 16

Evidence that could be bad for you, or bad for you as a prosecution or defendant. Not directly linked to the case.

Question 17

Corpus delicti

Answer 17

State has to prove the case. Burden of proof and facts of the case has to be proven by prosecution

Question 18

Know about means, opportunity and motive

Answer 18

Typically you need to have all three of them when you are talking about proving the case. Means to commit the offense, Opportunity to commit the offense,and the motive to commit the offense. Motive may be weak or lacking in some cases

Question 19

Know what needs to be shown for witnesses to be deemed competent

Answer 19

Have to have fist hand information to the crime

Question 20

Hearsay

Answer 20

Someone who doesn’t have first hand information, they are testifying about what someone else told them or what they heard from someone else

Question 21

Excited Utterances as it pertains to hearsay

Answer 21

Allowed in court

Question 22

Confrontation Clause

Answer 22

Defendant has the right to confront and cross examine any witness brought against them.

Question 23

Derivative evidence rule

Answer 23

Fruits of the poisonous tree doctrine. Any evidence that is obtained illegally and any evidence that branched off of that is excluded from a case and court room

Question 24

Independent source doctrine

Answer 24

One of the exceptions to the exclusionary rule of the fruits of the poisonous tree, if you can turn around and show that through another independent source that is not tainted you can obtain that evidence then you can keep it

Question 25

Inevitable discovery

Answer 25

Show that it would have been discovered regardless.

Question 26

Curtilage

Answer 26

Area that is immediately surrounding houses: the yard, the unattached garage

Question 27

Exigent Circumstances

Answer 27

Hot pursuit, now or never(evidence is being destroyed),and if someone is going to be hurt or seriously injured.
Exigency: emergency, works around the 4th amendment,way around warrants a

Question 28

US vs Leon

Answer 28

Leon is the case that created the good faith exception, to the exclusionary rule.
(Transposed numbers in addresses, or license plates)

Question 29

Understand rules of law as it pertains to regulated businesses

Answer 29

Marijuana businesses are highly regulated, currently it is liquor licenses. Sign it in the agreement, regulating agencies can come and go in the business whenever they want.

Question 30

Understand search and seizure for those on probation/parole

Answer 30

Reasonable exception of privacy while you’re on probation or parole is diminished. You sign a document that gives up right of search and seizure. You don’t wave all rights just search and seizure.

Question 31

Understand stop and identify laws

Answer 31

Terry stop (terry vs. Ohio) you can stop and temporally detain you and pat you down based off of reasonable suspicion  
Totality of the circumstances

Question 32

Understand exigency as it pertains to search and seizure

Answer 32

Exigency trumps the search warrant processes and consent

Question 33

Reasonable suspicion

Answer 33

Traffic stops, terry stops, all happen at reasonable suspicion

Question 34

Terry stop/ terry vs Ohio

Answer 34

Need reasonable suspicion

Question 35

Inventory searches and what type of searches those are called

Answer 35

Administrative in nature, work around to needing things. Towed vehicles, searching for the safety of law enforcement from danger and accusations.