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Criminal Evidence > Midterm > Flashcards

Midterm Flashcards

0
Q

Stare decisis

A

Let the decision stand

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1
Q

Another term for judge made law

A

Common law

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2
Q

Is precedent static or can it change over time?

A

It can change over time

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3
Q

Individual rights in the constitution proper

A

Habeus corpus
Bills of attainder
No ex post facto laws

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4
Q

Requirements for a warrant

A

PC
Oath or Affirmation
Particularity

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5
Q

The 2 evidence requirements that must be met before the jury can see it

A

Relevant (pertaining to the matter at hand) and competent (in a form the jury is permitted to see)

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6
Q

The first known written legal code

A

Hammurabi

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7
Q

Who decides the legality of a statute?
What is the power called?
What SC case established it?

A

The SC Judiciary
Judicial Review
Marbury v. Madison

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8
Q

1st amendment

A

Freedom of religion, speech, press and assembly

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9
Q

2nd amendment

A

Right to keep and bear arms

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10
Q

3rd amendment

A

No quartering troops

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11
Q

5th amendment

A

Right to grand jury, due process, just compensation and the right against double jeopardy and self incrimination

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12
Q

4th amendment

A

Right against unreasonable search and seizures and warrants

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13
Q

7th amendment

A

Federal trial by jury for civil trials

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14
Q

6th amendment

A

The right to a speedy trail, public trial, impartial jury, notice of charges, representation and right to confront witnesses

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15
Q

9th amendment

A

Unenumerated rights

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16
Q

8th amendment

A

Right against excessive bail and cruel & unusual punishment

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17
Q

The amendment that prohibits slavery

A

13

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18
Q

10th amendment

A

States rights

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19
Q

The 14th amendment

A

Forbids states from mistreating their citizens

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20
Q

What are the 3 primary functions of the court

A

Settle disputes
Public policy decisions
Clarify the law

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21
Q

Evidence that speaks directly to the guilt or innocence of a defendant

A

Exculpatory evidence

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22
Q

Court actors

A

Judge, prosecutors and defense attorneys

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23
Q

How many Supreme Court justices are there and how many are required for the writ of cert

A

There are 9 justices and at least 4 are required for the writ of cert

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24
Q

What is a trial de novo

A

A brand new trial

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25
Q

At which stage does a defendant enter his plea and what are the plea options?

A

Arraignment.

Guilty, Not guilty, Nolo Contendre

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26
Q

Which courts have original jurisdiction?

A 
District courts (trial courts)
Supreme Court
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27
Q

What type of incorporation does the US have?

A

Selective

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28
Q

How many peremptory challenges are alotted in Florida?

A

10 for capital cases, 6 for felonies and 3 for misdemeanors

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29
Q

What rights don’t apply to the states as a part of selective incorporation?

A

Grand jury and excessive bail don’t apply

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30
Q

What are the 3 types of incorporation?

A

Total
Total plus
Selective

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31
Q

At which point is bail applied?

A

First appearance

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32
Q

Distinguish between indictment and information

A

Indictment is formal charges by a grand jury and information is formal charges by a prosecutor

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33
Q

What is the difference between peremptory and for cause challenges

A

Peremptory challenged don’t require reasoning and are limited. For cause challenges are unlimited and justified.

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34
Q

Do juries have to come to a unanimous verdict?

A

Yes, for a 6 person jury. No for a 12 person jury.

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35
Q

Bills of attainder is

A

Punishment without trial

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36
Q

Habeus corpus

A

Reason for charges

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37
Q

What is the function of evidence law?

A

The set of rules that determines what types of evidence can be admitted into court as well as the manner it may be admitted in.

38
Q

Jurisdictions

A

Personal- power of the court over an individual
Subject matter- authority to hear a case
Geographic- authority to hear cases pertaining to certain boundaries.
Hierarchical- the division of responsibilities among various courts

39
Q

Excuses (5)

A 
Duress/Neccessity 
Intoxication
Mistake of fact
Infancy 
Insanity
40
Q

Distinguish between general and limited jurisdiction

A

General jurisdiction has the ability to hear a variety of cases
Limited has the authority to hear particular types of cases

41
Q

Venue is aka

A

Geographic jurisdiction

42
Q

What are the 3 insanity defenses

A 
M'Naughten (did you know what you doing, did you know it was wrong)
Irresistible impulse (are you able to control yourself)
Substantial capacity (did you know it was wrong and could you stop yourself)
43
Q

What insanity test does Florida use?

A

M’Naughten

44
Q

Who determines whether burden of prof has been met and what happens if a trial has begun and it has not been met.

A

The judge.

A directed verdict– directly declare not guilty

45
Q

Explain the 3 levels of burden of proof

A

Preponderance of evidence 51-49 - civil and affirmative cases
Clear and convincing - civil and criminal and insanity defenses more than ⬆️ less than ⬇️.
Beyond a reasonable doubt- 99.99-Criminal

46
Q

What is the burden of proof for insanity in Florida?

A

Clear and convincing

47
Q

Talk about the changes from common law to current day regarding self defense

A

CL: Retreat- retreat if possible to avoid conflict
Castle- stay and defend, use deadly force when you fear imminent threat
Modern: True man (stand your ground)- no need to prove imminent threat, just unlawful trespassing.

48
Q

Prima facia

A

On it’s face

49
Q

Explain burden shifting

A

The burden of proof shifts from the prosecutor to the defense in affirmative defense and insanity cases. The burden of proof is then lowered.

50
Q

Requirements for consent

A

Voluntary
Knowing and
Intelligent

51
Q

Describe affirmative defenses

A

Acknowledge you did it with a justification or excuse

52
Q

Explain justification defenses

A

A duty or right to kill

53
Q

What are the justification excuses?

A

Self defense
Consent
Execution of public duties

54
Q

What is the fleeing felon rule?

A

In common law officers could use deadly force for any fleeing felon. After Tennessee v. Garner (1985) police officers must fear danger to themselves or the public in order to use deadly force.

55
Q

Explain excuse defenses

A

The defendant admits guilt, claims no responsibility

56
Q

What is infancy?

A

A claim that one is too young to understand

57
Q

What was the common law rule regarding whether children can be charges and how has it changed?

A

CL: can’t charge a child under 7.
Children age 7-14 could be charged if capable intent was proven
Modern: a child can be charged regardless of age or intent.

58
Q

What is the purpose for the exclusionary rule?

A

Deter police misconduct

59
Q

The case that created the exclusionary rule

A

Weeks v. US

60
Q

Which case applied exclusionary rule to the states?

Which case established fruit of the poisonous tree?

A

Mapp v. Ohio

Silverthorne lumber Co.

61
Q

Which case ended silver platter doctrine?

Which case created a shocked conscious test?

A

Elkins v. US

Rochin v. California

62
Q

Exceptions to the exclusionary rule

A

Good faith doctrine US v. Leon

Inevitable discovery Nix v. Williams

63
Q

Distinguish between burden of proof and burden of production

A

Production refers to an obligation placed on one side in a trial to produce enough evidence to show the facts of the case
Proof refers to the level that needs to be proved at trial

64
Q

Who determines burden of proof?

Insanity?

A

Judge

Jury

65
Q

Distinguish between real evidence and testimonial evidence

A

Real- physical, demonstrative

Testimonial- what someone says

66
Q

Distinguish between direct and circumstantial evidence and indicate which is most occurring.

A

Direct- directly proves a fact, speaks for itself
Circumstantial- requires jurors to draw their own conclusions
*Circumstantial evidence is most common

67
Q

Circumstantial evidence to prove intent (3)

A

MO, Motive, Threats

68
Q

Consciousness of guilt (5)

A 
Flight
Destroying evidence
Possession of fruits
Sudden wealth
Threats
69
Q

T/F

Character evidence is circumstantial

A

True

70
Q

When can the defendant’s character be brought up?

A

When it is first brought up by the defense

71
Q

What is a judicial notice?

A

The court determining a fact as true or false without formal presentation of knowledge.

72
Q

What are the types of judicial notice (4)

A

Tacit- common knowledge
Of law- statutory elements
Legislative facts- facts assumed to be true when passing the law
Adjudicator facts- a catch all

73
Q

Which type of judicial notice can be used as jury nullification?

A

Legislative facts

74
Q

The types of adjudicative facts (3)

A

Indisputable fact
Common knowledge
Ascertainable fact

75
Q

Distinguish between presumption and inference

A

Presumptions- mandatory, drawing conclusions from one or more facts
Inference - the reasoning ability of the jurors, permissible but not mandatory.

76
Q

List and describe the two types of presumptions

A

Conclusive- all parties agree

Rebuttable- attempts to disprove presumption can be made

77
Q

Judicial notice is critiqued because it infringes upon a right to a jury trial and right to confront witnesses, this directly interferes with what amendment

A

6th

78
Q

What were the earliest forms of warrants called?

A

Writs of assistance- they were exited at your door by a stamp inspector

79
Q

Two clauses of the fourth amendment

A

Search and seizure

Warrants

80
Q

The right if people to be secure in their… (4)

A

Person, house, papers and effects

81
Q

List and explain the 3 interpretations of warrant requirements

A

Warrant requirement- all warrantless searches are unreasonable
Independent- reactive, look for reasonableness afterwards
Warrant preference- warrants required when justified

82
Q

Where is there the most protection? And what does security in persons mean?

A

House

Physical & oral communications

83
Q

What is the most common form of seizure?

A

Arrest

84
Q

T/F

An investigatory stop needs no reason.

A

F

85
Q

A search can be conducted by…

A

Police and/or government actor

86
Q

Is there any expectation of privacy regarding…
Garbage cans
Open fields

A

No

No

87
Q

What is cartilage and how does it apply to searches

A

The intimate surroundings of a home. Depending on many factors like use, gates and proximity determines whether it can be searched

88
Q

What case did the RS standard come from?

A

Terry v. Ohio

89
Q

Types of justification for warrants (3)

A

PC
RS
Administrative

90
Q

What is judicial oversight?

A

Gives judge last say on PC element

91
Q

Three types of informants

A

Anonymous (secret)
Confidential ( hidden but available)
Known ( open)

92
Q

What is the Aguliar test and what other test made improvements to it?

A
  1. How does the informant know and 2. how credible are they

The TOC test doesn’t require both prongs, just one exceptionally strong prong.

93
Q

When does seizure apply to persons and property?

A

When you cannot have your property back.

When you are not free to leave.

Criminal Evidence (1 decks)

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