RACE AND CRIMINAL PROCEDURE Flashcards
Slavery in the US
- Race specific
- Mainly Hereditary “Chattel” Slaves(slaves that were born into this practice)
- deeply embedded in the economy of the North and the South
indentured servants
- a system where peole could pay off their debts bu working for an employer for a fixed number of years
- not race specific
Johnson v Parker
- Johnson was under indentured servitude and eventually released
- he had an indentured servant named Casor who claimed he had kept him too long
- Johnson freed Casor who then indentured himself to the neighbor that reported Johnson
- Johnson sued Parker for Casor
- The Court ruled that Casor was illegally obtained by Parker, thus Johnson had a legal hold over Casor for the “duration of his life”
- An African became the first legal owner of an enslaved person (a little ironic)
The Amistad Case
- enslaved Africans were being transported to Cuba on a ship called the Amistad
- there was a revolt and the killed most of the people on the ship and told the remainder of the crew to sail back towards Africa
- arrived back in New York and there was a trial
- Former President John Quincy Adams
- He argued that the slaves were kidnapped against their will and that the containment when against the natural law principles of the Declaration
Dred Scott Case
- Born into slavery and traveled along with his owner and wife to various free states before returning back to Missouri after 17 years
- Justice Taney, who also ruled on the Amistad case, found that no Blacks, free or not, could be citizens, and thus couldn’t bring cases to Court
- also overturned the Missouri Compromise
- stamp of approval of slavery
Missouri Compromise
- Missouri was the only slave state formed from the territory purchased from Lousisana Purchase
Kanas-Nebraska Act
opened up the West to slavery
emancipation proclamation
- a warning to the rebellious states that if they didnt stop the war anf join the union then all the enslaved people in those states would be free
- would have no punished the Union-loyal slave states as that would have pushed them into the arms of the Confederates
- was a miltary order(executive branch can’t make laws)
- Lincoln pushed Congress to pass the 13th Amendment
13th Amendment
- ended slavery in the United States after 200 years
- most slaves were already free
Reconstruction
- reestablishment and reorganization of secuded Southern States
- blacks fared better during this period
Freedman’s Bureau
- formed during reconstruction, to provide formerly enslaved people with food, clothing, schools, and land
Black Codes
- Laws that basically that restricted the actions of Blacks, similar to slavery
- allowed authorities to arrest unemployed and fined them for vagrancy
- this practice was attacked by the 14th amendment
14th Amendment
those that were born in the country or naturalized citizens are citizens of the US
Jim Crow laws
any state or federal laws that enforece the segragation of the races
Civil Rights Act of 1875
stated that all persons were entitled to full access and enjoyment of all accommodations and facilities in public places
15th Amendment
gave African American men suffrage
Civil Rights Cases
- ruled that the 14th Amendment protected Blacks only from state discrimination, not from businesses and individuals
- ruled that the Civil Rights Act was unconstitutional because it sought to control the legislative power of the individual states, violating the Tenth Amendment
Plessy v Ferguson
- Plessy was 1/17 black and rode the train in the white section only
- Plessy’s lawyers argued 14th Amendment outlawed race as a legal distinction, race as a social construct, and thus these can’t be made
- the court disagreed, ruling “separate but equal”
Williams v State of Mississippi
- Henry Williams was indicted for murder by grand jury of all white people
- Violated the 14th Amendment
- The Court found that the tests excluded Blacks on the basis of literacy, not race
- Also covers illiterate whites not covered by the grandfather clause
- does not violate 14th and 15th amendment
Smith v Allwright
- South held all-white primaries
- justified that the Democratic Party is a “volunteer organization”
- Texas Court ruled this was constitutional
- The Court ruled that the practice violated the 15th amendment because the primaries are conducted under state statutory authority
Brown v Board of Ecuation of Topeka ||
- ended racial segregation
- equal protections clause of the 14th Amendment
- overturned “seperate but equal”
Civil Rights Act of 1964
- allows federal officals to bring desegregation suits on behalf of individuals and power to withhold federal funds to school districts that practice racial discrimination
- Heart of Atlanta Motel v United
Votings Rights of 1965
- only a small percent og southern blacks of voting age were registered to vote
- prohibited literacy test and federal supervision of county voters
- South Carolina v Katzenbach
Richards v Wisconsin
- “knock and announce” rule required for the 4th Amendment test
Sources of the Criminal Procedure Law
- The Constitution(specifically the BOR, 4th, 5th, 6th, 8th, and 14th
- state constitution
- state and federal statutes
- Court ruling
warrant clause
- 4th Amendment
- all warrants must be based on probable cause and must describe the plae to be searched or the person to be seized with “particularity”
reasonableness clause
- allows searches without warrants providing there is both probable cause and exigent circumstances(urgent)
probable cause
- the facts and circumstances within the officers’ knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been committed
- “fair probability”
Seizure
- the dominion or control by the police over a person or item
detention
occurs when a reasonable person would believe that their liberties are being restricted
stop and frisk
- also known as a Terry stop
- Don’t need probable cause but do require “reasonable suspicion”
- stop and frisk is not an arrest but is a search and seizure so under the 4th Amendment
- must be temporary and no longer than necessary
- police can ask questions
vehicle stops
- seizure occurs every time the car is stop, even if the purpose of the stop is limited
- does not need probable cause or a warrant
- can ask for indentification and for the driver or occupants to exit the car
search
an examination of an individual’s house, person, or effcts to discover items related to criminal activity
- less expected privacy in public
Katz v United States
- Before Katz, courts seeking to determine when a “search” had occurred focused on whether police conduct infringed on a property interest
- Katz changed this to consider the expectation of privacy that the individual and society had in a given situation
Reasonable expectation of privacy
a.) the subject of the search must have a subjective expectation of privacy and b.) society must view that expectation as reasonable
Search Incident to Arrest
- must occur during arrest and must be in the vicinity of the suspect
• lunge area
Purpose: safety of arrestee, guards, fellow inmates, prevent destruction of evidence, prevent escape
Result: evidence of crime found during search incident to arrest is admissible
Consent
- most common exception
- no need for probable cause or warrant(4th amendment doesn’t apply)
- consent must be “voluntary” and “intelligent”
- scope limited to a particular area and time
- consent may be revoked and does not require a further consent at a later time
Plain View
- if officer is lawfully in a place and sees evidence of a crime the evidence may be seized
- not actually a “search”
Limited: can’t search inside the thing seized without separate exception or warrant
Limited: sight only, not hearing, smell, etc.
Open field - outside place where office may legally be
• not “curtilage” - porches, barns, sheds, and bushes
Abandoned Property
- Owner gives up possession and control of an object
Administrative Searches
- mixture of criminal investigation and conduct by other public agencies not related to the police
• school
• jail
Powell v Alabama
- expand the meaning of the assistance clause
- black boys that were charged with murder, most got the death penalty
- ruled that they didn’t get protections under the 5th Amendment due process
- must provide a lawyer
Johnson v Zerbst
- serious felony charges in federal courts
- not for the states
gideon v wainwright
- established the right of criminal defendent to have a lawyer, even if they couldn’t afford one
- 6th Amendment to the state
Custody
- subjected to formal arrest or equivalent restraint on freedom
Miranda v Arizona
The Supreme Court ruled that evidence obtained during custodial interrogations could not be used at trial unless suspect was informed
Miranda Warning
a.) Right to remain silent
b.) anything you say can be used in court
c.) you can have an attorney during questioning
d.) if you can afford an attorney, one will be appointed
- required for custodial interrogations
Confrontation clause
- sixth amendment states that accused as the right to confront witnesses against them
Exclusionary Rule
Provides that any evidence obtained by the government in violation of the Fourth Amendment
Exception to Exclusionary Rule
- not needed in civil cases or grand jury investigations
- not probation or parole
- standing exception(must have standing, to bring legal action by virtue of being personally harmed.
- independent source exception(evidence may be admitted if knowledge of that evidence is gained from a source that is entirely independent from a source tainted by illegality)
- attenuation exception(less than clear causal connection between illegals police action)
-good faith - inevitable discovery
4th Amendment
- protects against the unreasonable search and seizure
- warrants requirements
5th Amendment
- protection from self incrimination
- double jeopardy
- due process
- just compensation
-grand jury trial
6th Amendment
- fast and public trial by an impartial jury
- aware of criminal charges
- confront witnesses
- right to legal representation