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Criminal Procedure > TEST 1 > Flashcards

TEST 1 Flashcards

1
Q

What is 42 USC section 1983 law?

A

What prosecutors will use to sue officers or those in the CJ system who do not maintain a person’s constitutional rights

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2
Q

Where are the 3 places that officers encounter bad guys?

A
  1. on the street
  2. in the police station
  3. in court
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3
Q

What are the two aspects of law enforcement?

A
  1. safety of society

2. protecting constitutional rights (liberties) of individuals

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4
Q

What are the 5 different ways to balance the aspects of law enforcement?

A
  1. government power v individual autonomy
  2. ends v means
  3. federalism
  4. separation of power
  5. rules v discretion
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5
Q

Explain government power v individual autonomy

A

Gov power is guided by the constitution and the bill of rights, giving power/protection/rights to individuals

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6
Q

Explain ends v means

A

This is the process and results of law enforcement. The means is HOW they catch the bad guy and the ends is WHAT the result of their process is (ex: arrest/conviction)

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7
Q

Explain federalism

A

The gov. is broken up into different levels- state and federal

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8
Q

Explain separation of power

A

The government is split up into different branches so that one section doesn’t gain to much power (Judicial legislative and executive)

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9
Q

Explain rules v discretion

A

Formal and informal law. Some matters depend on LE discretion to make wise choices, rather than having an exact set of rules for absolutely every possible situation

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10
Q

What level is most crime committed on?

A

State and local

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11
Q

What are the 4 things protected under the 4th amend. search and seizure?

A

Persons, papers, houses and effects

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12
Q

What is an investigatory stop?

A

LEO has RS that a crime has been committed

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13
Q

What is the adversary process?

A

state collects evid. to prove susp. committed the crime

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14
Q

what is exculpatory evid?

A

You must inform the def. in a timely manner of the evid. against the def. that might help the def.

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15
Q

What is the accusatory system?

A

Innocent until proven guilty BRD by state

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16
Q

What are the 3 things defense is looking for while they don’t have to prove their innocence?

A
  1. presumption of innocence
  2. right against self-incrimination (5th amend)
  3. right to assistance of counsel (6th amend)
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17
Q

What are the 4 main amendments that are part of the CJ system?

A

4,5,6,8

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18
Q

T/F: The 4th amend protects against all searches and seizures?

A

FALSE: only UNREASONABLE searches and seizures

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19
Q

What is the thing called that applies the bill of rights to the states?

A

Incorporation Doctrine of the 14th amend.

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20
Q

Where do rights to hearings and notice of charges come from?

A

5th and 14th amend DP clause

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21
Q

What is the difference in the parties between civil and criminal suits?

A

Civil- plaintiff and defendant looking for restitution and damages
Criminal- state and defendant

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22
Q

What is the difference between the appellant and the appellee?

A

Appellant: the loser at the previous trial who is appealing
Appellee: winner at the previous trial

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23
Q

What is a petitioner?

A

The one who petitions for cert. for S.C.

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24
Q

What is a respondent?

A

winner of the lower court level who meets the petitioner in court

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25
Q

What are the 8 parts of briefing a case?

A
  1. Case name
  2. Citation
  3. Procedural History
  4. Judge’s name
  5. Facts
  6. Constitutional issue
  7. Judgment
  8. Opinion
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26
Q

What is the case name?

A

The first name is the party bringing forth the case; the second is who the case is being brought against

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27
Q

What is the citation?

A

shows where the case can be found;

date, where it’s found, etc…

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28
Q

Where are the 3 places that cases can be published?

A
  1. U.S. Reports (U.S.)- ONLY SC CASES
  2. Supreme Court Reporter (S. Ct.)- non-federal cases
  3. Lawyer’s Edition (L. Ed.)- non-federal cases
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29
Q

What is procedural history?

A

steps taken in the case (charged by information or indictment)

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30
Q

What are facts?

A

The story of the crime

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31
Q

What is the constitutional issue?

A

the legal question of the appealed case

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32
Q

What is the judgment/disposition?

A

holding; only binding action of the court- what is going to happen to the def- located in the opinion

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33
Q

What is the opinion?

A

reasoning behind the judge’s/court’s decision

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34
Q

What are the 5 types of opinions?

A
  1. Majority- 5 or more; same decision for same reason
  2. Plurality- 5 or more; same decision, diff reason
  3. Concurring- Judge-written b/c they agree with what the court said
  4. Dissenting- judge disagrees with court- got outvoted and wants to write opinion; CAN RESULT IN NEW LAW
  5. Percuriam- court decisions w/o signature of any judge; doesn’t create precedent and can’t be cited
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35
Q

What does NDFP mean?

A

Not Designated For Publication

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36
Q

What is pro se?

A

Representing yourself in court

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37
Q

What is a collateral attack?

A

Civil proceeding of two types:

  1. Jurisdictional (by defense or state)
  2. Petition- (By def.- Habeas Corpus; or cert. by def or state to SC)
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38
Q

What is Habeas Corpus?

A

“release the body”; argument that someone is being held in jail unlawfully

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39
Q

What is stare decisis?

A

doctrine that binds judges and requires them to follow precedent;
only binds judges in prior cases of their own court, to prior cases decided by superior courts w/i jurisdiction and SC decisions

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40
Q

What is Quash?

A

overthrowing something

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41
Q

What is a remand?

A

sending something back to the lower court for further proceedings

42
Q

What is jurisdiction?

A

power to hear a case

43
Q

What is the amicus curiae brief?

A

“Friend of the court”; filed by a party that has no legal involvement in the case but feels strongly and want to write a brief

44
Q

What is a progeny?

A

Cases that follow another case w/ some of the same facts in which the rulings were based on/related to the original case

45
Q

What is an en banc decision?

A

decision by the entire court- all justices were part of the decision

46
Q

How many judges are typically a part of appellate court rulings?

A

3

47
Q

What is a writ or certiorari?

A

an attempt to get upper courts to review lower court decisions

48
Q

What is an inculpatory statement?

A

statement that says you did it or proves your responsibility

49
Q

Where are motions to suppress evidence heard?

A

in a suppression hearing

50
Q

What is the appellate process?

A

Prosecuted in trial court –> appeal –> lose –> appeal (federal appellate) –> lose –> appeal SC (petition for cert.) –> grant cert or cert den.

51
Q

When and why are pat downs done?

A

For officer safety with RS

52
Q

What is a body search?

A

takes PC and occurs AFTER an arrest

53
Q

What is a strip search?

A

AFTER arrest based on PC; you get stripped search when going to jail

54
Q

What is a body cavity search?

A

AFTER arrest upon detention with PC;

need a court order for bodily fluids; xrays (except airport/border control) also need court order

55
Q

What is subpoena duces tecum?

A

search for paper, effects, houses

56
Q

T/F: most arrests are made for minor crimes

A

TRUE

57
Q

T/F: Most arrests are made with search warrants

A

FALSE: most are made on officer’s initiative w/o warrant based on PC

58
Q

T/F: You need proof BRD to file a charge against someone

A

FALSE: you don’t need proof BRD BUUUUT YOU DO NEED IT TO INDICT

59
Q

What happens to the title of a person when they are charged?

A

Goes from suspect to defendant

60
Q

About what percent of defs plead guilty after being charged?

A

90%

61
Q

What are the 4 types of pleas?

A
  1. guilty
  2. non guilty
  3. Nolo contendre (no contest- doesn’t admit guilt but says that state has enough evid for BRD; CANT BE USED IN CIVIL SUIT)
  4. Alford Trial- says they didn’t do it but plead guilty b/c they know evid will point to guilt
62
Q

What are 4 ways to dispose of a case?

A
  1. Nol Pros
  2. Dismissal
  3. Trial
  4. Speedy trial
63
Q

What is Nol Pros?

A

drop charges but give LE 1 year to make a better case for BRD

64
Q

What is Dismissal?

A

judge doesn’t hear enough evid for BRD so they dismiss it; subject to rebuttal (meaning, if state rests but doesn’t say subject to rebuttal, if the defense brings up more info, you cant bring it back)

65
Q

What is Trial?

A

Works to find the person guilty or not guilty

66
Q

What is speedy trial?

A

prosecution has 1 year to take the case to trial or it will get dismissed

67
Q

T/F: You cannot appeal an issue if it was not brought up in court

A

TRUE, it MUST have been raised during the trial or it cannot be appealed

68
Q

What is adjudication?

A

The process of actually trying a case; goes from first appearance all the way to the decision;

69
Q

What does rule 8.1 say about hearings in adjudication?

A

Must have a hearing w/i 48 hours; but if that doesn’t happen, the def still doesn’t just get to go free

70
Q

What is the level of immunity for judges, prosecutors and officers?

A

Judges- absolute/total immunity
Prosecutors- absolute/total immunity (unless there is a direct violation where they don’t do their job)
Officers- qualified immunity

71
Q

What is Hays v State?

A

Hays got held in jail for 38 days without a first appearance. Courts said lol you can’t do that.

72
Q

What is 1st appearance?

A

judge reads of the def’s rights; determined whether or not they need appointed counsel (indigent or not)

73
Q

T/F: Misdemeanors involve hearings

A

FALSE: there are no hearings for misdemeanor cases

74
Q

What is arraignment?

A

def brought in and officially read the charges against him; def answers up to charges (guilty or not); any motions are brought up and scheduled hearings

75
Q

What are the rules for rights to jury trials?

A

The def has a right to trial by jury in all felony cases and any misdemeanor cases subject to 6 months or more incarceration (Class A mis.)

76
Q

What are the rules to right to counsel?

A

Def has right to counsel in any case that could result in ANY incarceration

77
Q

What is Numan v State

A

IN AR 1987; state has the right to demand a jury trial (FOR ARKANSAS)

78
Q

What id Duncan v Louisiana?

A

set up the rights to trial by jury (all felony cases and mis. subject to 6+ months incarc.)

79
Q

What is a judgement of conviction form?

A

must be filled out and the court signs off; if not filled out, you don’t have a conviction

80
Q

What are the 3 presumptions in trial?

A
  1. presumption of innocence
  2. burden of proof is on state BRD
  3. presumption of right against self-incrimination
81
Q

T/F: The state can appeal a not-guilty verdict

A

FALSE- that would be double jeopardy; BUT the state CAN appeal other issues from the trial such as matters of jurisdiction

82
Q

Where do laws in the the constitution come from?

A

THE PEOPLE; meaning the pres has no right to change it; changed only by the people, not the gov.; const is forever while law can be temp.

83
Q

What is criminal procedure?

A

Gov detecting crimes, arrests, prosecution, convictions and punishments

84
Q

What are the 4 sources of CP methods?

A
  1. Constitution (US and State)
  2. Previous court decisions (Case law)
  3. Statutes
  4. Administrative rules
85
Q

What is the supremacy clause?

A

Says the Constitution is supreme to all other law; states can have a higher standard than the US Const, but not a lower one

86
Q

T/F: A jury trial must be held in the same country as the crime was committed

A

TRUE however, the punishment can be served wherever, with permission

87
Q

What are the levels of law from top to bottom?

A

US conts –> US state const –> case law –> US appellate ct/dist ct (not good beyond their own juris) –> State ct (only apply in that state)

88
Q

When to CP rules begin to apply?

A

Prior to arrest

89
Q

What is a CID?

A

The number given to you if you have been previously convicted of a felony, or gone to jail

90
Q

What is Marbury v Madison?

A

Courts (esp SC) have final say in the interpretation of law

91
Q

When can state make rules?

A
  1. Dealing with US Const issue where SC has not previously made a decision
  2. Dealing with that state’s own const.
92
Q

T/F: SC has jurisdiction in state constitutions

A

FALSE

93
Q

What is DTF?

A

Drug Task Force

94
Q

What is due process?

A

No state can deny any individual their rights of life and liberty and such without DP
ex: notice of foreclosure

95
Q

What is Hortato v CA?

A

Guy kills his friend for having an affair with his wife; charged by information and sentenced to death by hanging; appealed saying he was denied DP because of 5th amend right to indictment by jury trial. SC ruled that he was not denied DP

96
Q

What is Powell v Alabama?

A

Scottsboro Boys; denied fundamental fairness and DP

FIRST TIME they applied 14th amend DP clause to state case!

97
Q

What is Brown v Mississippi?

A

Black boys convicted of killing a farmer (after being beaten into confession) sentenced to death. Appealed and SC reversed b/c denied DP

98
Q

What is the incorporation doctrine?

A
  1. Total- all of Bill of Rights are incorporated into 14th amend
  2. Selective- left out some of Bill of Rights
99
Q

Today, what is the one right in the bill of rights that is not incorporated into the incorporation doctrine?

A

Right to trial by grand jury

100
Q

What is Roschin v CA?

A

Where officers entered found a guy who then swallowed drugs, officers had his stomach pumped… guy prosecuted for possession of morphine; SC said nuh uh, officers cant do that- it “shocks the conscience”

101
Q

What is Equal Protection of the law?

A

Says that no state can deny anyone in their jurisdiction rights- doesn’t mean everyone is treated alike; cannot treat differently based on race or religion etc.

102
Q

What is US v Armstrong?

A

upholds equal protection; selective prosecution because the men were black; made motion for discovery which was denied. Courts said def failed to prove they’d been discriminated against

Criminal Procedure (4 decks)

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