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15 Cards in this Set
- Front
- Back
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13 Reasonable Expectation of Privacy
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Under constitutional law, what a person seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected by the Fourth Amendment. In contrast, what a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.
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01 Arrest
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Under constitutional law, a valid arrest occurs when, with probable cause, a person is taken into custody against his will, specifically for the purpose of initiating a criminal action or interrogation.
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02 Search
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Under constitutional law, a search is an intrusion by the government into an area where a person has a reasonable expectation of privacy.
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03 Seizure
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Under constitutional law, a seizure is the actual or constructive taking of a person or thing by the government.
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04 Exclusionary Rule
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Under constitutional law, the exclusionary rule bars the admission into evidence of all materials seized during an invalid arrest or unreasonable search or seizure.
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14 Voluntary Confession
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Under the Fourteenth Amendment, a confession must generally be voluntary to be admitted into evidence. To determine whether a confession is voluntary, a court will look to the totality of the circumstances.
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05 Sixth Amendment Right to Counsel
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Under the Sixth Amendment, a defendant has a right to counsel in his defense at all critical stages of a criminal prosecution. The Sixth Amendment right to counsel attaches at the initiation of formal charges against the defendant.
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06 Fifth Amendment Right to Counsel (Miranda Standard)
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Under the Fifth Amendment, a person has a right to counsel in his defense when he is a suspect in police custody and he is subject to a custodial interrogation for accusations of a crime. The Fifth Amendment right to counsel attaches at the moment the suspect is amenable to custodial interrogation.
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07 Miranda Rights
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Under the Fifth Amendment, a person in custody, prior to interrogation, must be informed that he has the right to remain silent, anything he says can be used against him in court, he has the right to the presence of counsel, and if he cannot afford an attorney, one will be provided.
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09 Plea Bargain
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A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty in return for the prosecutor's recommendation of light sentencing or dismissal of a charge.
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15 Ineffective Counsel
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Under the Sixth Amendment, a defendant has a right to effective representation by counsel. This right is violated if the defendant can prove that his counsel's effectiveness substantially deviated from the reasonable effectiveness of an attorney and that the deficiency prejudiced the defendant's right to a fair trial.
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10 Double Jeopardy
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Under the Fifth Amendment and applicable to the states by the Fourteenth Amendment, the government cannot retry a person for the same offense once jeopardy attaches.
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11 Cruel and Unusual Punishment
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Under the Eighth Amendment and applicable to the states by the Fourteenth Amendment, criminal punishment that is cruel and unusual, as determined by method or amount, is prohibited.
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12 Beyond a Reasonable Doubt (Prosecution)
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In a criminal trial, the prosecution must prove its case beyond a reasonable doubt so that no other logical explanation can be derived from the facts except that the defendant committed the crime.
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08 Waiver of Miranda Rights
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A person can validly waive his Miranda rights if he intelligently, knowingly and voluntarily communicates his renounce.
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