Week 7 Flashcards

1
Q

What is the 4th amendment?

A
  • “unreasonable searches and seizures”
  • Applies only to the government and government agents (police, etc.)
  • Applies only in cases with a “reasonable expectation of privacy”
    • Overhearing a loud cell phone conversation or going through a person’s trash by the street are NOT searches/ seizures
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2
Q

What is a warrant and probable cause?

A
  • Definition: A warrant is a legal document authorizing a search, seizure, or arrest
    • Based on probable cause
  • Definition: The term probable cause means reasonable likelihood that a crime was committed or evidence is present
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3
Q

What does the 4th amendment have to do with drunk driving?

A
  • Drunk Driving: You have the right to refuse field sobriety tests (the physical exercises and such)—police must then have probable cause from other observations to arrest you
    • Refusing to take a breathalyzer or blood alcohol test (chemical tests) can result in a 1-yr suspended license in states with Implied Consent Statutes (like PA)
  • You must step out of your car when pulled over if the officer asks that you do so. You must also show identification. You do not have to answer personal questions.
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4
Q

What are warrantless arrests?

A
  • In some cases, the Supreme Court has held that going through the formal warrant procedure is impractical or unnecessary.
  • Warrantless Arrests:
    • Felony arrests (police have probable cause to believe person has committed a felony)
      • Example: Store reports armed robbery in progress. Police spot a man, one block from the store with a mask on his face, a gun in hand, and running away from the scene.
    • Some misdemeanor arrests with probable cause
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5
Q

What is a Terry Stop(Stop and Frisk)

A
  • A warrantless “search”
  • Requires “reasonable suspicion” of criminal activity—more than a hunch, but not necessarily probable cause
  • Police can temporarily detain the person, search him for weapons, request identification, and ask questions
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6
Q

What are some examples of Warrantless searches?

A
  • Automobile exception—must have probable cause
  • Search incident to arrest
  • Plain view
  • Consent searches (police ask and are given permission)
  • Pressing circumstances (hot pursuit, lives in danger, etc.)
  • Airport searches
  • International border searches
  • Sobriety checkpoints
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7
Q

What is the exculsionary rule?

A
  • Weeks v U.S. (1914) & Mapp v Ohio (1961): Evidence obtained from an unreasonable (illegal) search/ seizure is inadmissible in court
    • Good Faith Exception (U.S. v Leon 1984): If police believe the warrant is issued and valid, evidence can be admitted even if later there appears to be a problem with the warrant
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8
Q

What are other exceptions to the exclusionary rule?

A
  • Other exceptions:
    • Inevitable discovery exception: evidence would have been found anyway
    • Attenuation exception: so much time has passed, or other events have made the illegal search/ seizure less meaningful
    • Standing Exception: defendant’s own rights were not violated
    • Ex: police find evidence of someone else’s illegal activities
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9
Q

What is the derivative evidence rule and what did police used to do in the past for the exclusionary rule?

A
  • Derivative evidence rule (fruit of the poisonous tree): evidence derived from illegally obtained evidence is inadmissible
  • In the past, police were required to knock before entering a home to execute a warrant. In Hudson v Michigan,( 2006), the Court held that if police violate this rule, the evidence will not be excluded.
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10
Q

The term “probable cause” is translated as _______.
A) reasonable likelihood that a crime was committed
B) reasonable suspicion that a crime was committed
C) hunch that a crime was committed
D) consent by the accused

A

reasonable likelihood that a crime was committed

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11
Q

A warrant is not required for a search incident to arrest.
A) TRUE
B) FALSE

A

False

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12
Q

What is the 5th amendement and what is the voluntariness test and the case associated with it?

A
  • Protects against self-incrimination
  • Voluntariness test: confessions are inadmissible unless made willingly
  • Miranda v Arizona: U.S. Supreme Court held that custodial interrogation is inherently coercive because it places people in an intimidating environment
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13
Q

What is a Miranda Warning?

A
  • Miranda warnings—must be given prior to interrogation upon arrest
  • Idea is that people need to be informed of their constitutional rights
  • Does NOT apply unless person is under arrest & being questionned
  • Public Safety Exception
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14
Q

What are the Miranda Warnings?

A
  • The person in custody must, prior to interrogation, be clearly informed:
    • right to remain silent,
    • that anything the person says can be used against that person in court;
    • that he or she has the right to consult with an attorney and to have that attorney present during questioning,
    • that, if he or she is indigent (poor), an attorney will be provided at no cost to represent her or him.
    • right to end questioning or consult with a lawyer at any time.
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15
Q

What is the connection between the 4th and 5th amendment?

A

If a person is in custody & questioned without first being made aware of his rights, then the Exclusionary Rule applies

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16
Q

A bomb has just exploded in a public mall. Police quickly find a suspect fleeing the area with bomb-making supplies. Police need to question the man to determine if more bombs are in the mall or close by. Must the suspect be read the Miranda Warnings first?
A) Yes
B) No

A

No

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17
Q

What is the 6th Amendment

A
  • Assistance of counsel
  • Massiah v U.S. (1964): once a person has been formally charged, he can only be questioned in the presence of an attorney
    • Defendant may waive this right
  • Does not apply in Civil Court and for many court proceedings after sentencing
18
Q

What is the Judiciary Act of 1789

A
  • Established 13 district courts in major cities, 3 circuit courts, and a Supreme Court comprised of a Chief Justice and 5 Associate Justices
    • The number of justices is now 9, and has been for most of out history
    • This number is set by Congress
  • Each justice presided twice each year over circuit court proceedings (requirement removed in 1891 Judiciary Act)
  • To date, there have been 112 Justices on the Supreme Court, including 17 Chief Justices
19
Q

What is the structure of the Federal Courts

A

The U.S. Constitution invests the judicial power of the United States in the federal court system, creates the U.S. Supreme Court & gives Congress the authority to create the lower federal courts

20
Q

What is the structure of the State Courts

A

The Constitution and laws of each state establish the state courts. A court of last resort, often known as a Supreme Court, is usually the highest court. Some states also have an intermediate Court of Appeals. Below these appeals courts are the state trial courts

21
Q

How many courts are in the Federal Courts and what were the parties dissasitisfied with

A
  • 13 U.S. Courts of Appeals, 96 U.S. District Courts, the U.S. Court of Claims, the U.S. Court of International Trade, and the U.S. Bankruptcy Courts
  • Parties dissatisfied with a decision of a U.S. District Court, the U.S. Court of Claims, and/or the U.S. Court of International Trade may appeal to a U.S. Court of Appeals.
22
Q

What were the parties disassitsfied with in the state?

A

Parties dissatisfied with the decision of the trial court may take their case to the Intermediate Court of Appeals

23
Q

What will the parties of the federal court ask and what are the exceptions?

A
  • A party may ask the U.S. Supreme Court to review a decision of the U.S. Court of Appeals, but the Supreme Court usually is under no obligation to do so.
  • Exceptions:
    • Federal court holds act of Congress to be unconstitutional
    • U.S. appeals court finds law unconstitutional
    • State’s highest court holds Federal law unconstitutional
24
Q

What does the state courts have to ask?

A
  • Parties have the option to ask the highest state court to hear the case
  • Only certain cases are eligible for review by the U.S. Supreme Court
25
Q

State Courts are established by the U.S. Constitution.
A) TRUE
B) FALSE

A

False

26
Q
How many Federal Circuits are there?
A) 9
B) 13
C) 50
D) 96
A

13

27
Q

What is the judge selection like for the Federal Courts?

A
  • The Constitution states that federal judges are to be nominated by the President and confirmed by the Senate.
  • They hold office during good behavior, typically for life.
    • 574 U.S. magistrate judges
    • 677 U.S. district judges
    • 179 U.S. Appeals judges
    • 9 U.S. Supreme Court justices
28
Q

What is the judge selection for the state?

A

Selected in a variety of ways including election, appointment for a given number of years, & appointment for life

29
Q

What is Article I Courts

A
  • Congress has created several Article I or legislative courts that do not have full judicial power.
  • Examples:
    • U.S. Court of Veterans’ Appeals
    • U.S. Court of Military Appeals
    • U.S. Tax Court
30
Q

Who are the Court Room “actors”?

A
  • Judges
  • Prosecutors
  • Defense attorneys
  • Juries (we will discuss these with jury trials)
  • Witnesses & victims
  • Others: court clerks & recorders/ reporters, bailiffs, media, interpreters, advocates/ consultants
31
Q

What is the definition of a Judge and what are the types?

A
  • Definition: a judge is an elected or appointed official who oversees court proceedings. Some serve terms of office, others serve for life.
  • Types:
    • Magistrates/ Justice of the Peace: handle warrants, infractions, and early stages of the CJ process
    • Court commissioners/ referees: Handle early stages of CJ process or serve as judges in specialized courts
    • Traditional judges
    • Supreme Court justices
32
Q

What are the Roles that judges play?

A
  • Adjudicators: Judges must remain impartial adjudicators of justice, keeping the rights of those in question as a primary focus
  • Negotiators/ Referees: Judges must oversee negotiations between prosecutors, defense attorneys, and others regarding plea bargains, sentencing, & pretrial release (bail)
  • Administrators: Judges must oversee the courthouse schedule & supervise courthouse staff
33
Q

What are the background conditions and what are the chambers and recusal?

A
  • Background: There are no hard and fast rules for what qualifications a potential judge must have. Most judges have prior experience with practicing or teaching law.
  • Definitions:
    • Chambers: judge’s personal office
    • Recusal: removing oneself from a case to avoid bias
34
Q

Judges must oversee the courthouse schedule & supervise courthouse staff. This is which role?
A) Adjudicator
B) Negotiator/ Referee
C) Administrator

A

Administrator

35
Q

What is the definition of a prosecutor?

A

Definition: Prosecutors are responsible for brining and pursuing criminal charges against offenders. They represent the state/ government as the offended party in a criminal case. They have a great deal of discretion, much of which cannot be challenged by other authorities. They are involved throughout the CJ process.

36
Q

What are the types of attorneys?

A
  • U.S. Attorneys: work for Federal districts
    • Each might have assistant attorneys on staff
  • State Attorney Generals: state’s highest ranking law enforcement officer (elected)
    • The U.S. Attorney General is the head of the U.S. Department of Justice and is the head lawyer for the U.S. government
  • District Attorneys (DA’s): prosecute and handle criminal cases at the local level
    • Also called state’s attorney’s, commonwealth attorneys, county prosecutors, etc.
37
Q

What are the roles of prosecutors?

A
  • Deciding charges to file
  • Arguing at trial
  • Conducting investigations
  • Bail/ sentence recommendations
  • Plea bargaining
  • Advising and cooperating with law enforcement officials (i.e. police)
  • Assisting victims/ witnesses
38
Q

What is the background conditions of prosecutors and how are they selected?

A
  • Background: law degree required
  • How selected: elected in all states except Alaska, Connecticut, New Jersey, & Rhode Island. Most serve 4-year terms.
39
Q

What is the definition of Attorneys and the roles and what is the background requirements?

A
  • Definition: Defense attorneys are responsible for representing the accused in their dealings with the CJ system.
  • Roles:
    • Meeting with the accused
    • Representing the accused in court
    • Arranging plea bargains and appeals
    • Negotiating with judges and prosecutors
  • Background: law degree required
40
Q

What is the assigned counsel, contract counsel, and a public defender?

A
  • Indigent defendent attorneys (used in 80% of cases)
  • Assigned counsel: court appoints a private attorney to represent the accused
  • Contract counsel: legal organization provided attorneys for indigent defendants at a specified fee for the local government
  • Public defender: full-time or part-time attorneys (usually working for the government) who only represent indigent defendants