TEST 1 Flashcards
What is 42 USC section 1983 law?
What prosecutors will use to sue officers or those in the CJ system who do not maintain a person’s constitutional rights
Where are the 3 places that officers encounter bad guys?
- on the street
- in the police station
- in court
What are the two aspects of law enforcement?
- safety of society
2. protecting constitutional rights (liberties) of individuals
What are the 5 different ways to balance the aspects of law enforcement?
- government power v individual autonomy
- ends v means
- federalism
- separation of power
- rules v discretion
Explain government power v individual autonomy
Gov power is guided by the constitution and the bill of rights, giving power/protection/rights to individuals
Explain ends v means
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)
Explain federalism
The gov. is broken up into different levels- state and federal
Explain separation of power
The government is split up into different branches so that one section doesn’t gain to much power (Judicial legislative and executive)
Explain rules v discretion
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
What level is most crime committed on?
State and local
What are the 4 things protected under the 4th amend. search and seizure?
Persons, papers, houses and effects
What is an investigatory stop?
LEO has RS that a crime has been committed
What is the adversary process?
state collects evid. to prove susp. committed the crime
what is exculpatory evid?
You must inform the def. in a timely manner of the evid. against the def. that might help the def.
What is the accusatory system?
Innocent until proven guilty BRD by state
What are the 3 things defense is looking for while they don’t have to prove their innocence?
- presumption of innocence
- right against self-incrimination (5th amend)
- right to assistance of counsel (6th amend)
What are the 4 main amendments that are part of the CJ system?
4,5,6,8
T/F: The 4th amend protects against all searches and seizures?
FALSE: only UNREASONABLE searches and seizures
What is the thing called that applies the bill of rights to the states?
Incorporation Doctrine of the 14th amend.
Where do rights to hearings and notice of charges come from?
5th and 14th amend DP clause
What is the difference in the parties between civil and criminal suits?
Civil- plaintiff and defendant looking for restitution and damages
Criminal- state and defendant
What is the difference between the appellant and the appellee?
Appellant: the loser at the previous trial who is appealing
Appellee: winner at the previous trial
What is a petitioner?
The one who petitions for cert. for S.C.
What is a respondent?
winner of the lower court level who meets the petitioner in court
What are the 8 parts of briefing a case?
- Case name
- Citation
- Procedural History
- Judge’s name
- Facts
- Constitutional issue
- Judgment
- Opinion
What is the case name?
The first name is the party bringing forth the case; the second is who the case is being brought against
What is the citation?
shows where the case can be found;
date, where it’s found, etc…
Where are the 3 places that cases can be published?
- U.S. Reports (U.S.)- ONLY SC CASES
- Supreme Court Reporter (S. Ct.)- non-federal cases
- Lawyer’s Edition (L. Ed.)- non-federal cases
What is procedural history?
steps taken in the case (charged by information or indictment)
What are facts?
The story of the crime
What is the constitutional issue?
the legal question of the appealed case
What is the judgment/disposition?
holding; only binding action of the court- what is going to happen to the def- located in the opinion
What is the opinion?
reasoning behind the judge’s/court’s decision
What are the 5 types of opinions?
- Majority- 5 or more; same decision for same reason
- Plurality- 5 or more; same decision, diff reason
- Concurring- Judge-written b/c they agree with what the court said
- Dissenting- judge disagrees with court- got outvoted and wants to write opinion; CAN RESULT IN NEW LAW
- Percuriam- court decisions w/o signature of any judge; doesn’t create precedent and can’t be cited
What does NDFP mean?
Not Designated For Publication
What is pro se?
Representing yourself in court
What is a collateral attack?
Civil proceeding of two types:
- Jurisdictional (by defense or state)
- Petition- (By def.- Habeas Corpus; or cert. by def or state to SC)
What is Habeas Corpus?
“release the body”; argument that someone is being held in jail unlawfully
What is stare decisis?
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
What is Quash?
overthrowing something
What is a remand?
sending something back to the lower court for further proceedings
What is jurisdiction?
power to hear a case
What is the amicus curiae brief?
“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
What is a progeny?
Cases that follow another case w/ some of the same facts in which the rulings were based on/related to the original case
What is an en banc decision?
decision by the entire court- all justices were part of the decision
How many judges are typically a part of appellate court rulings?
3
What is a writ or certiorari?
an attempt to get upper courts to review lower court decisions
What is an inculpatory statement?
statement that says you did it or proves your responsibility
Where are motions to suppress evidence heard?
in a suppression hearing
What is the appellate process?
Prosecuted in trial court –> appeal –> lose –> appeal (federal appellate) –> lose –> appeal SC (petition for cert.) –> grant cert or cert den.
When and why are pat downs done?
For officer safety with RS
What is a body search?
takes PC and occurs AFTER an arrest
What is a strip search?
AFTER arrest based on PC; you get stripped search when going to jail
What is a body cavity search?
AFTER arrest upon detention with PC;
need a court order for bodily fluids; xrays (except airport/border control) also need court order
What is subpoena duces tecum?
search for paper, effects, houses
T/F: most arrests are made for minor crimes
TRUE
T/F: Most arrests are made with search warrants
FALSE: most are made on officer’s initiative w/o warrant based on PC
T/F: You need proof BRD to file a charge against someone
FALSE: you don’t need proof BRD BUUUUT YOU DO NEED IT TO INDICT
What happens to the title of a person when they are charged?
Goes from suspect to defendant
About what percent of defs plead guilty after being charged?
90%
What are the 4 types of pleas?
- guilty
- non guilty
- Nolo contendre (no contest- doesn’t admit guilt but says that state has enough evid for BRD; CANT BE USED IN CIVIL SUIT)
- Alford Trial- says they didn’t do it but plead guilty b/c they know evid will point to guilt
What are 4 ways to dispose of a case?
- Nol Pros
- Dismissal
- Trial
- Speedy trial
What is Nol Pros?
drop charges but give LE 1 year to make a better case for BRD
What is Dismissal?
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)
What is Trial?
Works to find the person guilty or not guilty
What is speedy trial?
prosecution has 1 year to take the case to trial or it will get dismissed
T/F: You cannot appeal an issue if it was not brought up in court
TRUE, it MUST have been raised during the trial or it cannot be appealed
What is adjudication?
The process of actually trying a case; goes from first appearance all the way to the decision;
What does rule 8.1 say about hearings in adjudication?
Must have a hearing w/i 48 hours; but if that doesn’t happen, the def still doesn’t just get to go free
What is the level of immunity for judges, prosecutors and officers?
Judges- absolute/total immunity
Prosecutors- absolute/total immunity (unless there is a direct violation where they don’t do their job)
Officers- qualified immunity
What is Hays v State?
Hays got held in jail for 38 days without a first appearance. Courts said lol you can’t do that.
What is 1st appearance?
judge reads of the def’s rights; determined whether or not they need appointed counsel (indigent or not)
T/F: Misdemeanors involve hearings
FALSE: there are no hearings for misdemeanor cases
What is arraignment?
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
What are the rules for rights to jury trials?
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.)
What are the rules to right to counsel?
Def has right to counsel in any case that could result in ANY incarceration
What is Numan v State
IN AR 1987; state has the right to demand a jury trial (FOR ARKANSAS)
What id Duncan v Louisiana?
set up the rights to trial by jury (all felony cases and mis. subject to 6+ months incarc.)
What is a judgement of conviction form?
must be filled out and the court signs off; if not filled out, you don’t have a conviction
What are the 3 presumptions in trial?
- presumption of innocence
- burden of proof is on state BRD
- presumption of right against self-incrimination
T/F: The state can appeal a not-guilty verdict
FALSE- that would be double jeopardy; BUT the state CAN appeal other issues from the trial such as matters of jurisdiction
Where do laws in the the constitution come from?
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.
What is criminal procedure?
Gov detecting crimes, arrests, prosecution, convictions and punishments
What are the 4 sources of CP methods?
- Constitution (US and State)
- Previous court decisions (Case law)
- Statutes
- Administrative rules
What is the supremacy clause?
Says the Constitution is supreme to all other law; states can have a higher standard than the US Const, but not a lower one
T/F: A jury trial must be held in the same country as the crime was committed
TRUE however, the punishment can be served wherever, with permission
What are the levels of law from top to bottom?
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)
When to CP rules begin to apply?
Prior to arrest
What is a CID?
The number given to you if you have been previously convicted of a felony, or gone to jail
What is Marbury v Madison?
Courts (esp SC) have final say in the interpretation of law
When can state make rules?
- Dealing with US Const issue where SC has not previously made a decision
- Dealing with that state’s own const.
T/F: SC has jurisdiction in state constitutions
FALSE
What is DTF?
Drug Task Force
What is due process?
No state can deny any individual their rights of life and liberty and such without DP
ex: notice of foreclosure
What is Hortato v CA?
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
What is Powell v Alabama?
Scottsboro Boys; denied fundamental fairness and DP
FIRST TIME they applied 14th amend DP clause to state case!
What is Brown v Mississippi?
Black boys convicted of killing a farmer (after being beaten into confession) sentenced to death. Appealed and SC reversed b/c denied DP
What is the incorporation doctrine?
- Total- all of Bill of Rights are incorporated into 14th amend
- Selective- left out some of Bill of Rights
Today, what is the one right in the bill of rights that is not incorporated into the incorporation doctrine?
Right to trial by grand jury
What is Roschin v CA?
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”
What is Equal Protection of the law?
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.
What is US v Armstrong?
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
