MIDTERM Flashcards

1
Q

What Special Circumstances (to search without a warrant)

A

Open fields
Abandoned Property
Border searches
Probation/Parole searches
Patriot Act searches (can be searched for no reason)
Unmanned drones

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2
Q

Arrest Warrants

A

Has the same construction as a search warrant
Issued based on probable cause
Officers may enter any location and search if “reasonably certain” fugitive is there
John Doe warrant (no name required, uses DNA profile, stops statute of limitations)

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3
Q

Exceptions to Exclusionary Rule: The Good Faith Exception

A

U.S vs. Leon
If officers believe the warrant is valid (or operating according to the law) and later discover a mistake was made-evidence still may be used in court

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4
Q

what is the background of U.S vs Leon? (1984)

A

Leon was the target of police surveillance via a tip, the police were granted a search warrant based on their surveillance evidence, and they found illegal drugs that violated federal laws. It was later concluded that there was not enough evidence for a warrant and thus did not establish probable cause for the search. therefore the evidence found could not be used at trial.

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5
Q

What did U.S vs Leon establish?

A

The case established the good faith exception to the exclusionary rule. Allowing evidence illegally seized based on mistakingly issued warrants that the police at the time believed were correct can still be used as evidence.

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6
Q

Miranda Rights

A

Must be issued upon arrest
The protection provided by :
5th amendment (self-crimination)
6th Amendment (legal representation)
Must be given to both adults and children

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7
Q

Miranda Warning

A

“Right to remain silent
Anything said used in court
Right to talk to a lawyer, one will be appointed “
If choose to talk, can be quiet at any time
(for underage) Do u wish to answer questions without parents, guardians, or custodians present?
Must be in a understandable language
Must be “Mentally capable” of understanding the consequences of consent/waiver

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8
Q

Background on Miranda v Arizona (1966)

A

In 1963 Ernesto Miranda was arrested in his house and brought to the police station for questioning about a connection to kidnapping and rape. After 2 hours of interrogation, the police obtained a written confession from Miranda. The confession was admitted as evidence into the trial, and Miranda’s lawyer objected to the introduction of the evidence stating that Miranda was not advised of his right to have a lawyer present at his interrogation. The confession was still allowed to into the interrogation and the jury found him guilty.

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9
Q

Supreme Court Ruling of Miranda v Arizona

A

The court ruled in a 5-4 opinion that the defendant was required to be informed of their right to an attorney. After the warnings, a defendant can knowingly and intelligently waive the rights and ask questions or make statements.

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10
Q

Civil Courts

A

The victim is the individual
quantum of evidence:
“more likely guilty than not”
punishment: is a monetary amount
Age: none
level of knowledge: intentional/unintentional

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11
Q

Criminal Courts

A

The victim: society
quantum of evidence
“beyond a reasonable doubt”
Punishment: loss of liberty, life, money
age: mental maturation (CA 14 years)
seriousness: infraction, misdemeanor, felony

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12
Q

Kids/juvenile system

A

CA welfare and institutions code
601: status offense
602: delinquent offense
limited rights
whatever is in the best interest of the child

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13
Q

Requirements to prove a felony

A

actus reus: act or omission must be voluntary
mens rea: must have “guilty mind” or criminal intent

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14
Q

actus reus

A

act or omission must be voluntary

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15
Q

Mens rea

A

must have “guilty mind” or criminal intent

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16
Q

Intent

A

can be implied by actions- example “felony murder” rule

17
Q

Specific Intent

A

intent above and beyond the act for example burglary

18
Q

General Intent

A

intent implied by the act of trespassing

19
Q
A
20
Q
A
21
Q

Felony

A

must have
Act or omission: voluntary
criminal intent
purposeful
knowingly
recklessly
negligently

22
Q

Purposefully

A

Did the defendant PURPOSEFULLY commit the crime?

if the result of the act was the intended objective
was the result the goal of the act

23
Q

Knowingly

A

Did the defendant KNOWINGLY commit the crime and knows the effects of the crime?

there was a very high probability that the result would happen from the act
were you practically certain that the result would occur

24
Q

Recklessly

A

Did the defendant commit the crime recklessly?

there was a substantial probability that the result would occur, but there was a conscious disregard or unjustifiable risk
would a normal reasonable person have done this, knowing the risks

25
Q

Negligently

A

Was the defendant negligent in committing the crime?
should have known the risks or the result
would a reasonable person have known that the outcome could/would have happened

26
Q

California State Courts

A

First tier: TRIAL COURTS
Most counties have SUPERIOR COURT ONLY
Includes both ADULT AND JUVENILE
COURT UNIFICATION IN CA
Have original jurisdiction over most criminal and civil matters

27
Q

Court of Appeals

A

A panel of three judges
The presiding justice and two associate justices
Need majority agreement(2 of 3)
Elected every 12 years
Usually hear cases on the basis of “technical legal violation” at first-tier
The Jury always trier of fact(evidence brought to the court), and the judge is the trier of the law(Referee, decides whether the law is being applied properly)

28
Q

California Supreme Court

A

Third Tier: will select cases based on state policy needs
Automatic and direct appellate jurisdiction over death penalty cases
Seven member:1 chief justice, 6 associate justices
Reelected every 12 years

29
Q

Pre-Trial Activities

A

Arraignment within 48 hrs after arrest(business days only)
Riverside v. Mclaughlin
Presented with crime-charged
Enters plea
Case opened

30
Q

Riverside v. Mclaughlin (1991)

A

Mclaughlin was arrested without a warrant and argued Riverside waited past the 48 hours to arrest

31
Q

Mapp v. Ohio

A

Made exclusionary rule cases apply to state and local law enforcement through due process clause of 14 amendment

32
Q

Grand Jury v. Preliminary Hearing

A

Prosecutors have the choice if they want a Grand Jury in CA
Not all counties have GJ or PH
Not all states have GJ

33
Q

Grand Jury

A

5th amendment provides for a Grand Jury
between 11 and 23 members but also based on population size
100 dollars a week
sworn to secrecy
decides to “indict”-” held over to answer” based on finding of probable cause

34
Q

Preliminary Hearing

A

Most common method
happens 2 weeks after arraignment
determination of probable cause
Held over to answer for charges
adversarial/use of discovery
File information

35
Q

Plea Bargaining

A

Forbidden for certain crimes
Example: murder, rape, serious sex crimes, felony use of firearm, DUI
Generally weak cases”Plea out”

36
Q

Pre-Trial activities

A

Voir Dire
Jury Selection Process
Both prose and defense must agree

37
Q

Voir Dire

A

process through which potential jurors from the venire are questioned by either the judge or a lawyer to determine their suitability for jury service