Lecture Notes

Question 1

What is criminal procedure

Answer 1

Defines the relationship between citizens and police

Vast set of rules and guidelines that describe how suspected and accused criminals are to be handled and processed in justice system

Question 2

What is evidence

Answer 2

Any information about facts of a case including tangible items, testimony and documents, photographs or tapes and when presented to the jury at trial tends to prove or disprove these facts. Laws of evidence are governed by the rules of criminal procedure

Question 3

When does probable cause to arrest exist

Answer 3

When a police officer has enough evidence to lead a reasonable person to believe that a crime has been committed and that the suspect was the one who committed the crime

Question 4

What is judicial review

Answer 4

The power to declare a law unconstitutional and thus null and void. Most of the time this power is focused on the Supreme Court but state supreme courts and U.S. Court of appeals also exercise judicial review.

Question 5

What is an appeal as of right

Answer 5

An appeal from a trial court to an intermediate court is an appeal as of right. Supreme courts have discretion over which cases they hear and you must have centoriri granted

Question 6

How can you appeal in a Supreme Court

Answer 6

The losing party of a state or us court of appeals court submits a petition for a writ of certiorari to Supreme Court. Supreme Court decided if it wants to hear the case. If 4 justices vote to hear the case it is brought to the court. The majority opinion is five justices agreeing. Concurring is a judge who agrees with the outcome but not the rationale dissenting is someone who disagrees with the outcome.

Question 7

How many cases apply to Supreme Court and how many actually go through

Answer 7

Over 10K apply
70-85 cases get granted
.008% of cases that go to Supreme Court are decided by it

Question 8

Where do rules and regulation come from?

Answer 8

Stature, legislation and the constitution

Question 9

What is the fifth amendment

Answer 9

Rights against double jeopardy

Rights against self incrimination.

Question 10

What is the sixth amendment

Answer 10

The right to a public, fast and impartial jury

Question 11

What is a social contract

Answer 11

An assessment of the people specifying how they are going to live together and have power to end it.

Question 12

How can the constitution be changed

Answer 12

Through amendments: amendments can be changed if both houses in government approve it (2/3 majority) then goes to states for ratification (3/4 majority) if can’t be amended change comes from the court case known as constitutional interpretation specifically by the Supreme Court

Question 13

How many times has the constitution been amended

Answer 13

27

Question 14

How can you appeal

Answer 14

Can only appeal if convicted. Need to have a error that needs to be corrected an error in the courts decision and process.

With an appeal you have a right but with a petition you have to ask

Question 15

What is certiorari

Answer 15

Court is granting thus reaching down to lower courts and bringing a case up to the Supreme Court. To grant the certiorari nine judges on the Supreme Court you need four to want to hear case

Question 16

What is petition for habea corpus

Answer 16

Death row inmates petition for certiorari

Question 17

When was the first fourth amendment case

Answer 17

1868

Question 18

When was the automobile exception

Answer 18

1925

Question 19

Where does case and common law and the idea of due process come from

Answer 19

Magna charta

1215: England charter king governs according to the law of the land. Earliest concept of due process.

Question 20

When was the constitution created

Answer 20

1789

Question 21

What was the focus of the pre warren court

Answer 21

1953-1969
Low focus on due process: more focus on crime control
Focus on federal level over States. Search was seen as the trespass doctrine.

Question 22

What is the doctrine that exclusionary rule falls under

Answer 22

Fruit of the posionous tree

Question 23

What changed with the warren court

Answer 23

Crime was rising while rights of the accused were expanding. Nixon appointed justices- nixons court was for crime control. Mapp V Ohio created the beginning of the backlash of warren court because it expanded the exclusionary rule to the states.

Question 24

Who were nixons four justices

Answer 24

Burger
Blackmun
Rehnquist
Powell

Question 25

What is the jurisprudence of crime control?

Answer 25

1970-1985
75% of cases would favour the state
Left behind due process
3/4 fourth amendment cases would have defendant losing from 1981-2010.
Jurisprudence: expands exceptions for warrants, minimalists privacy concerns and increases discretion.

Question 26

When did the fourth amendment apply to the states?

Answer 26

1961 - Mapp V Ohio

Question 27

What was the first case heard by the Supreme Court

Answer 27

Boyd V Us - 1886

Question 28

When was the fourth amendment first properly seen as a constitutional right

Answer 28

Weeks V US 1914

Question 29

What is the silver platter doctrine

Answer 29

Illegally obtained evidence is allowed in a federal court if the evidence was collected by state officers

Question 30

What is the trespass doctrine

Answer 30

Olmstead V US

A search occurs when private property has been trespassed into

Question 31

When was the trespass doctrine abandoned

Answer 31

1967