Lecture Notes Flashcards
What is criminal procedure
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
What is evidence
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
When does probable cause to arrest exist
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
What is judicial review
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.
What is an appeal as of right
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
How can you appeal in a Supreme Court
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.
How many cases apply to Supreme Court and how many actually go through
Over 10K apply
70-85 cases get granted
.008% of cases that go to Supreme Court are decided by it
Where do rules and regulation come from?
Stature, legislation and the constitution
What is the fifth amendment
Rights against double jeopardy
Rights against self incrimination.
What is the sixth amendment
The right to a public, fast and impartial jury
What is a social contract
An assessment of the people specifying how they are going to live together and have power to end it.
How can the constitution be changed
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
How many times has the constitution been amended
27
How can you appeal
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
What is certiorari
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
What is petition for habea corpus
Death row inmates petition for certiorari
When was the first fourth amendment case
1868
When was the automobile exception
1925
Where does case and common law and the idea of due process come from
Magna charta
1215: England charter king governs according to the law of the land. Earliest concept of due process.
When was the constitution created
1789
What was the focus of the pre warren court
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.
What is the doctrine that exclusionary rule falls under
Fruit of the posionous tree
What changed with the warren court
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.
Who were nixons four justices
Burger
Blackmun
Rehnquist
Powell
What is the jurisprudence of crime control?
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.
When did the fourth amendment apply to the states?
1961 - Mapp V Ohio
What was the first case heard by the Supreme Court
Boyd V Us - 1886
When was the fourth amendment first properly seen as a constitutional right
Weeks V US 1914
What is the silver platter doctrine
Illegally obtained evidence is allowed in a federal court if the evidence was collected by state officers
What is the trespass doctrine
Olmstead V US
A search occurs when private property has been trespassed into
When was the trespass doctrine abandoned
1967
