Misc (crim)

Question 1

Double Jeoprady
(Amendment, test, def, case)

Answer 1

The 5th amendment states that no person shall be charged twice for the same crime.
Blockburger test.
First rule of Blockburger test can be applied in order to determine double jeopardy. If one statute requires proof of fact the other does not.
Begay

Question 2

Void for Vagueness

Answer 2

Chicago v Morales
When a statute is so ambiguous that the reasonable person would not understand.
1. May fail to provide the kind of notice that will enable ordinary people to what conduct it prohibits
2. May authorize or encourage arbitrary or discriminatory enforcement

Question 3

Yick Wo v. Hopkins

Answer 3

San Francisco banned operation of wooden laundromats and gave police unguided discretion to issue or deny permits. Denied permits to mostly Chinese applicants and violated Equal Protection

Question 4

Attica v. Rockefeller

Answer 4

inmates of Attica correctional facility were abused and deprived of simple needs, rebellion demanded change were denied and military was sent to retake control and in the process used harsh methods, killed 10 guards and tried to blame inmates

Question 5

Robert v. California

Answer 5

California statute made it a crime to “be addicted to narcotics”. Violates 8thA. Penalizing a persons CONDITION is a form of cruel and unusual punishment

Question 6

Why don’t stats matter in selective prosecution?

Answer 6

Defendant would still have to prove that he was only arrested for his race - almost impossible

Question 7

21 Principles for 21st Century Prosecution

Answer 7

changes that can be made within the prosecution that will work toward restoring and avoiding racial bias.
ex: change police culture and practice, pay attention to stats, promote respectful language

Question 8

Armstrong

Answer 8

Dissent argues that high penalties for crack cocaine offenses consistently affect black defendants more and that the defendant shouldn’t have had to prepare such sophisticated evidence in order to receive discovery

Question 9

Selective Prosecution

Answer 9

Must demonstrate
1. Government’s prosecutorial policy was motivated by discriminatory purpose
2. Similarly situated individuals of different races were not prosecuted
VERY DIFFICULT TO PROVE

Question 10

Restraining Prosecutorial Discretion

Answer 10

It is a violation of the constitution for a prosecutor to seek harsher sentence AFTER defendant has successfully challenged their conviction and their case has been REMANDED to the trial court

Question 11

Adjudication Decisions

Answer 11

• prosecutor RECOMMENDS a given sentence and how should be dispensed
• JUDGES determine the sentence
• prosecutorial discretion of recommending sentences is influenced by things such as mass incarceration or theories of punishment

Question 12

Real Rape Too Article

Answer 12

breaks down the male rape victimization.
ex: underreported yet widely pervasive prison rape incidents between prisoners. (bc crimes can usually occur without consequence)
- 4-12% of sexual assault victims
- seeking medical treatment being male
male rape also often goes underreported for similar reasons: fear of homophobia, fear of appearing weak and not masculine, and definitional and perceptual issues.
- male rape is also used as a “justification” and tokenized to justify murder and assault cases as fear of being raped by another individual, perpetuating the idea that only homosexuals can commit rape, and are sexually more active.

Question 13

Affirmative Consent Article

Answer 13

Universities beginning to have increased traction of affirmative consent
- 3 recurring patterns in pure affirmative consent jurisdictions: sleep, intoxication, fear.
- using these as “unideal sex practices” makes the line between consent and rape even finer and lets sexual assault flourish.

Question 14

Underprosecution Too Article

Answer 14

• many prosecutors don’t want to charge sexual assault b/c they believe jurors will come back with a not guilty verdict
• shows what sexual assault victims go through when they speak up, because prosecutors choose not to charge rapists
• talks about the process victims go through and shows why most stay silent

Question 15

Police Use of Force

Answer 15

Reasonable:
- Probable cause that there is a crime
- Probable cause that suspect poses a significant threat of death or serious bodily injury
- General factors in reasonableness:
1. Seriousness of crime
2. Level and immediacy of threat represented by suspect
3. Whether the suspect is restricting arrest or trying to flee
- Common law: deadly force can be used against a fleeing felon. Supreme Ct rejected this categorical rule for above approach.