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Criminal Procedure > Pg 1 > Flashcards

Pg 1 Flashcards

1
Q

What is an affiant?

A

A person who makes an affidavit

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2
Q

What is an example of an affiant?

A

The police officer that swore the information was correct

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3
Q

Is it necessary that police officers have personal knowledge in order to have probable cause?

A

No, they can assemble information from others, and can draw inferences based on their experience and training

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4
Q

What is bail?

A

Cash deposit in exchange for conduct restrictions

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5
Q

What is a cursory inspection?

A

Looking at what is already exposed to view without disturbing it. This is not a search. This does not need reasonable suspicion and it can last as long as is necessary to dispel the suspicion, but no longer than is necessary to execute a search warrant

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6
Q

What is considered to be the curtilege?

A

The area immediately surrounding a dwelling that is intimately connected with the function of the home. Ie: the front porch

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7
Q

How do you determine what is involved in the curtilege of a home?

A

This is fact specific and depends on whether the area harbours intimate activity associated with the sanctity of the home or privacy of life. Consider these factors:
– whether it is included within the enclosure surrounding the home
- the uses that it is put to
– the steps taken to protect it from observation from passersby

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8
Q

What is probable cause?

A

Trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect committed a crime

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9
Q

What is an example of something that would arouse reasonable suspicion?

A

A guy paid for tickets from Honolulu to Miami with $20 bills, stayed for 24 hours, appeared nervous, and didn’t check baggage

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10
Q

What are factors to consider for reasonable suspicion?

A

Nervous and evasive behavior (headlong or unprovoked flight is an act of evasion). Must consider all of the surrounding circumstances and objective observations such as inferences drawn by a trained officer

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11
Q

What is not enough for reasonable suspicion?

A

Refusing to cooperate, or fitting a profile

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12
Q

Would headlong flight in a high crime area upon noticing a police officer be sufficient for reasonable suspicion?

A

Yes

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13
Q

If the fact pattern says “starts to walk quickly away“ is that enough to be considered flight that would trigger reasonable suspicion?

A

Yes, it does not have to be headlong flight

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14
Q

What is reasonableness?

A

The degree that it intrudes on a person’s privacy vs the degree it is intended to promote a legitimate government interest

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15
Q

What is a suspect?

A

Someone that the police are interested in

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16
Q

When does a suspect become a defendant?

A

Not until a formal charge is laid

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17
Q

What is a subpoena?

A

A court order directing someone to appear to testify and present specified physical evidence.

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18
Q

When are subpoenas usually used?

A
  • when witnesses won’t cooperate and they must be compelled to testify
  • for sensitive investigations that the public shouldn’t know about it
  • for crimes of public corruption
  • price-fixing
  • organized crime opportunities
19
Q

What is the criminal justice process?

A 
- pre-arrest investigation
– arrest
– booking
– post-arrest investigation
– decision to charge
– file of complaint
– magistrate review of arrest
– first appearance
– preliminary hearing
– grand jury review
– filing of the indictment or information
– arrangement on the information or indictment
– pretrial motions
– guilty plea negotiation or acceptance
– trial
– sentencing
– appeal
– collateral remedies remedies
20
Q

Who does a pre-arrest investigation?

A

The police

21
Q

What are the two types of pre-arrest investigations?

A

– reactive investigations

– proactive investigations

22
Q

What are reactive pre-arrest investigations and proactive pre-arrest investigations?

A

– reactive: incident driven to solve past crimes. Police get a report of a crime and then investigate to find out what happened
– proactive: police respond to anticipated crimes and uncover criminal activity not already known through the use of undercover agents, decoys, monitoring, informants, etc.

23
Q

What is needed for a police officer to make an arrest?

A

If the police officer has probable cause, he takes the defendant into custody to charge him with a crime

24
Q

What is a full custody arrest?

A

When you detain the defendant to transport him to a police facility and file charges

25
Q

What is involved in an arrest through a citation, summons, or appearance ticket?

A

The defendant is briefly detained, then he is released after getting a document to appear in court to respond to the charge

26
Q

What is involved in booking a person?

A
  • Log their name, time of arrival, and offence.
  • For felonies: fingerprinting, photograph, and sometimes DNA also happens.
  • D gets one phone call
  • search D’s belongings, remove and inventory them
  • put D in lock up. Lower offences usually get to post bail
27
Q

What is involved in post-arrest investigation?

A
  • ID in a lineup, photo lineup, handwriting or hair sample.

- police question the suspect and advise him of his rights

28
Q

What is involved in the decision to charge?

A

The prosecutor decides this and it is done quickly based on anticipated difficulties of proof

29
Q

What is involved in filing a criminal complaint?

A

Charges are filed with the magistrate court where a brief document alleges the accused, at a certain time or place, did something that violated a criminal statute. This is signed under oath and the suspect then becomes a defendant in a criminal prosecution

30
Q

When a magistrate reviews an arrest, what are the two situations?

A
  • arrest without a warrant

– arrest with a warrant

31
Q

What is the difference between how a magistrate reviews an arrest with a warrant and without a warrant?

A

– without: magistrate says if there was probable cause, and if there wasn’t, then the defendant is immediately released
– with: probable cause determination has already been made

32
Q

What happens in a first appearance?

A

The defendant is presented to the magistrate court within 24-48 hours for a proceeding. He is informed of the charge, his rights, and further proceedings. Bail is set or the defendant is held in custody if he is a flight risk or dangerous

33
Q

What is involved in a preliminary hearing?

A

This happens within 1 to 2 weeks of the first appearance. It is a screening of the decision to charge the person by a neutral body who says if there is enough evidence to go forward. The prosecution presents key witnesses and the defendant can present witnesses and cross examine. If probable cause is found, the case is bound over to the next stage. If not, the prosecution terminates

34
Q

What is involved in grand jury review?

A

Randomly selected jury that sits for a term (one to many months) that decides if there is enough evidence to justify trial. They only hear evidence by the prosecution. If the majority says there is enough, then an indictment is issued that briefly describes the offense. If not, the charges are dismissed

35
Q

What happens when there’s a filing of the indictment or information?

A

This replaces the complaint

36
Q

What is involved in an arraignment?

A

Defendant is brought before a trial court, told of the charges, and enters a plea

37
Q

What are pre-trial motions?

A

The time for objections to be raised about things that could be challenged

38
Q

What is involved in a guilty plea negotiation or acceptance?

A

Plea agreements that are at the discretion of the prosecution. The trial judge reviews them to be sure that they are lawful and the defendant understands the consequences. The plea is accepted and the date for sentencing is set

39
Q

What is involved in trial?

A

Presume the defendant is innocent, so the prosecution must prove guilt beyond a reasonable doubt.

40
Q

What are different types of sentencing?

A
  • financial sanctions/fines
  • release/probation/house arrest
  • incarceration in jail or prison
41
Q

Who supervises the administration of the federal criminal justice system?

A

Federal courts

42
Q

Who is the plaintiff in a criminal case?

A

The state, so the victim is not a party. The government is the one that brings charges. This is why you have to first find state action

43
Q

Where do the bill of rights come in with regard to state guarantees of rights?

A

They provide the baseline, but states can have their own rules that build on this. They just can’t deviate from it or go below it or substitute for it

Criminal Procedure (42 decks)

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