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30 Cards in this Set
- Front
- Back
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What branch is criminal procedure?
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A branch of constitutional law.
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Define Criminal Procedure
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1. The process of facilitating criminal prosecutions and
2. The process of protecting the rights of criminal suspects and defendants. |
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What are the key constitutional amendments that play an important role in criminal procedure.
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4th amendment prohibits unreasonable searches and seizures. 5th amendment contains due process clause and privilege against self incrimination. 6th amendment guarantees the right to counsel and numerous rights regarding trial, 8th amendment prohibits cruel and unjust punishments.
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What are the two areas of due process?
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Procedural and Substantive
Procedural due process ensures fair proceedings in the criminal justice system such as the right to a speedy trial, right to assistance of counsel etc. Substantive due process protects personal property from governmental interference or possession. |
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Probable Cause
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Exists when an officer has a reasonable bais for the belief that a person should be searched or arrested.
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Warrant
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A written order of a court allowing law enforcement officers to search a certain place, or search or arrest a certain person.
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Can a defendant challenge a warrant after it has been issued?
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Yes. The initial determination of probable cause does not bar the criminal defendant from attacking the validity of the warrant and moving to suppress the evidence collected as a result of the search and seizure. Per prof ferrill, the situation could have changed, and facts can come forward that illuminate what was going on at the time the officers believed they were right in issuing the warrant.
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What are the requirements for a warrant?
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1.Evidence submitted to the judge must establish probable cause to believe that the items enumerated will be found in the location to be searched. 2. Probable cause must exist to beliee that the items are in some way connected to the criminal activity. 3. All items to be seized and areas to be searched must be specifically described (ie.not just "weapon" but 9mm gun etc.) 4.The warrant must be issued by a neutral and detached judge.
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Exceptions to the warrant requirement..there are 5 main exceptions.
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1. Officer catches the crime while it is happening, i.e. "caught in the act". 2. When officers believe or have probable cause to believe the person has committed a felony. 3. Exigent Circumstances including destruction of evidence, mobility of suspect or presence of weapons at crime scene. 4. Hot pursuit. 5. Plain view doctrine: Officer may seize any contraband such as cocaine. However the officer must legally be in sight of the items to seize them.
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What is the exclusionary rule?
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A rule that excludes evidence acquired in violation of constitutional protections. Evidence obtained illegally is excluded. The jury will never hear or see the evidence.
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Fruit of the poisonous doctrine.
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Doctrine states that subsequently discovered evidence derived from an initial illegal search and seizure is not admissible. Mapp v Ohio is a landmark case.
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Arrest
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The physical seizure of a person by the government.
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Habeas Corpus
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A writ to bring a person before a court in order to test the legality of the person's imprisonment or detention. Protects citizens from unwarranted arrest or detention under Article 1 Section 9 of the U.S. Constitution.
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Interrogation
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The process used by law enforcement officers to elicit information from a criminal suspect.
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What are the pros and cons of Miranda warning on the justice system?
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Pros: Brings order to the system, protects citizens adds balance in a system. Changed culture to be more professional in police investigation techniques.
Cons: Hinders the government to be able to protect citizens. Many times what is blurted out is true, but because of the exlusionary rule, it can't be used as evidence. Many times the only way to get the information out is to pressure individuals. |
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Miranda v Arizona, name 3 major points.
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1. The prosecution may not use statements whether exculpatory or inculpatory stemming rom questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. 1b. The person in custody must be clearly informated that he has the right to remain silent, and that anthing he says will be used against him in court. 2. An individual may invoke his right to remain silent thereafter. 3. Where an interrogation is conducted without the presence of an attorney and a statement is taken a heavy burden is on the government to demonstrate that the defendant knowingly, and intelligently waived his right to counsel.
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What should you ask police if you are being questioned to make sure you are protecting your rights.
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"am I free to leave?" Note: Police can lie to you, and they can use a rouse to get you to come back to the station, but they must read you your rights when arrested. You also have a right to counsel from the minute you are arrested or when police are questioning you.
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Arraignment
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Arraignment: The preliminary step taken by the court in a criminal prosecution, when a criminal defendant is brought before the court to hear the charges, be advised of his rights, and enter a plea.
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Arrest Warrant
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Arrest Warrant: Criminal court order directing a law- enforcement officer to arrest and bring a criminal defendant to court.
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Commitment
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Commitment: Criminal court order directing an officer to bring an incarcerated criminal defendant to court.
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Mistrial
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Mistrial: A trial that the judge brings to an end without a determination on the merits because of a procedural error or serious misconduct during the proceedings. In a criminal trial, when the jury cannot agree on a verdict unanimously, the judge usually rules that there is a mistrial.
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Indictment
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Indictment: Formal written statement of a crime and presentation of the charges made by a grand jury, indicating that the case should be tried, also called a “true bill.”
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Information
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Information: Formal written criminal charge made by the prosecution without a grand-jury indictment, pursuant to a holding order by a criminal court. See preliminary hearing.
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Plea
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Response of a criminal defendant to the charges. Possible pleas include “Not Guilty,” “Guilty,” “No Contest,” “Jeopardy,” or “ Not guilty by reason of insanity.” A defendant may enter a “No Contest” plea without admitting guilt if he does not wish to contest the charges. For criminal court purposes, a “No Contest” plea has the same effect as a “Guilty” plea.
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Preliminary Hearing
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Criminal court hearing to determine whether there is sufficient evidence to prosecute a felony. The prosecution presents evidence to show that there is probable cause that a public offense occurred and that the defendant probably committed the offense. At the conclusion of the preliminary hearing, the defendant may be “held to answer,” i.e., required to answer the charges.
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Pre-trial Conference
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Meeting in criminal court before trial at which opposing attorneys confer, usually with the judge, to work toward the disposition of the case.
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Grand Jury
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A jury that is called upon to receive and review accusations and complaints in criminal matters; this jury will hear evidence and issue indictments.
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What are the 3 pleas a criminal defendant can enter?
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1.not guilty 2. guilty 3. nolo contendere.
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Nolo contendere
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Means I will not contest it. The court treats this plea as a guilty plea, but in some states this plea cannot be used against the defendant in a later civl suit.
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What are the types of common pretrial motions in criminal cases?
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1.Motion to dismiss 2. Motion for change of venue 3. Motion to suppress evidence.
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