NEED TO KNOW

Question 1

• Miranda v Arizona

Answer 1

o Miranda had extensive criminal history, signed a written confession admitting guilt, attorney said he wasn’t advised of his rights, Supreme Court agreed but he was still convicted without the confession. (Odd Todd video **)

Question 2

• Batson v Kentucky

Answer 2

o Batson- can’t bias just bc race

o Prohibits prosecutors/defense attorneys from using preemptory challenges in a racially discriminatory manner.

Question 3

• Daubert v Merrell Dow Pharmaceuticals Co.

Answer 3

o Evidence has to meet certain criteria (must meet the ‘Daubert test’) - only evidence that completely meets the criteria is DNA.
o Evidence-
 irrelevant, immaterial, hearsay
 Hearsay: typically not allowed, it is anything other than truth of matter asserted (TRUE)

Question 4

• Brady v Maryland

Answer 4

o *Brady- exculpatory evidence. If evidence has been disclosed outcome would’ve been different
o Discovery of EXCULPATORY evidence - evidence favorable to defendant
 Constitution does not guarantee right to discovery (**)
o Suppression of evidence violates 14th amendment
o turn over all statements by all witnesses

Question 5

• Santobello v New York

Answer 5

o santobello v New York- plea agreement was not honored. Prosecutor can’t change mind
o Plea promise must be fulfilled, ‘Honoring a Plea Agreement’

Question 6

• Riverside c mcoughlin

Answer 6

o Riverside v Mclaughlin- prompt hearing- what is prompt?

o Supreme court defined prompt as 48 hours (certiorari)

Question 7

• Terry v Ohio

Answer 7

o An officer may perform a search for weapons without a warrant, even without probable cause, when the officer has reasonable suspicion that the person may be armed and dangerous.

Question 8

o Judge sets bail

Answer 8

initial appearance

Question 9

 Initial appearance

Answer 9

• Happens within few hours/days of arrest
• Felony defendants do NOT enter a plea at this stage but most misdemeanors defendants enter a plea of guilty and are sentenced immediately (**)

Question 10

o 1) Release on recognizance

Answer 10

no monetary value, belief they will not flee, minor crimes

Question 11

o 2) Cash Bond

Answer 11

full amount or % of bond must be put down in cash and returned when all appearances are satisfied

Question 12

o 3) Property Bond

Answer 12

piece of property is used as collateral

Question 13

o 4) Bail Bond

Answer 13

hires bail agent who posts amount required and charges a fee for services

Question 14

pleas

Answer 14

o System would collapse w/o pleas

o 95% of cases plead out

Question 15

o 1) Charge bargain

Answer 15

plead guilty in return for a less serious charge

Question 16

o 2) Count bargain

Answer 16

pleads to some counts and prosecutor dismisses the rest

Question 17

o 3) Sentence bargain

Answer 17

pleads to original charge in exchange for a promise of leniency in sentencing

Question 18

• Jury requirements and challenges

Answer 18

o	Venire
o	Requirements: 
	citizens of US, 
	residents of locality, 
	minimum age, 
	ability to understand English, and 
	not mentally ill.
	(depends on state if person is felon and allowed to be in jury)

Question 19

• Exclusionary rule-

Answer 19

o *Exclusionary- prohibited from using illegally obtained info
 4th amendment expectation of privacy- video only, not audio

Question 20

o Derivative Evidence

Answer 20

 evidence indirectly obtained as a result of a constitutional violation (fruit of the poisonous tree)

Question 21

o *Weeks v US- only federal law req to

Answer 21

 Prohibits the prosecutor from using illegally obtained evidence at trial.
 Federal law enforcement only.

Question 22

o *Mapp v Ohio

Answer 22

mandatory exclusion rule. Deter illegal search and seizure (4th amend)
 Mandated enforcement of exclusionary rule to states (required), deters 4th amendment (search&seizure) violations.

Question 23

o Exceptions (Most searches are warrantless)

Answer 23

 1) Independent source (illegally obtained info from witness but then legally obtained info led to same source)
 2) Attenuation (so far removed)
 3) Inevitable discovery (going to get it anyways)
 4) Good faith (thinking they weren’t in the wrong)

Question 24

• Wedding cake Justice (ch10)

Answer 24

……..

Question 25

o Level 1

Answer 25

Celebrated cases (judicial process carefully followed, most likely to go to a full trial, high profile)

Question 26

o Level 2

Answer 26

Serious felonies (carefully handled)

Question 27

o Level 3

Answer 27

Less serious felonies (dispensed of routinely and quickly)

Question 28

o Level 4

Answer 28

Misdemeanors (majority of cases, assembly-line)

Question 29

o 1) Direct evidence

Answer 29

• best kind of evidence, example: seeing offender in the act with weapon in hand.

Question 30

o 2) Circumstantial (indirect) evidence

Answer 30

evidence used in most cases, example: finding weapon with offender’s fingerprints.

Question 31

o 3) Real evidence (physical)

Answer 31

tangible objects.

Question 32

o 4) Scientific evidence

Answer 32

forensic study/investigation of real/physical evidence.

Question 33

o 5) Testimonial

Answer 33

witnesses.

Question 34

o 6) Demonstrative

Answer 34

• recreation of crime scene to illustrate point, helps jury understand facts.

Question 35

• Grand jury role-

Answer 35

o Make accusations- indictment

o Law in action- Prosecutor presents evidence, dominates Grand Jury (**)

Question 36

• Preliminary hearing-

Answer 36

o Also make accusations
o Prosecutor can still go to the grand jury if a magistrate rules there is insufficient evidence.
o Magistrate/Judge determines if probably cause exists.

Question 37

• EMC

Answer 37

o Media can order/motion for EMC to make them a 3rd party, gains them media access to courtroom with cameras.
o Order for EMC- media becomes 3rd party. Extended media coverage

Question 38

 Percentages

Answer 38

o 20% of crimes brought to the attention of police result in arrest
 20-50% felony arrests do not get charged **

Question 39

o Attrition

Answer 39

 People drop over time because felonies often plead not guilty, not all go to trial
• 20% are arrested of the 35% reported (**)

Question 40

 8th amendment-

Answer 40

o no excessive fines/bail, no cruel and unusual punishment (**)