Intro to law ch 15

discovery and investigation include:

* questioning suspects and witnesses * placing surveillance on a location or a person

sixth amendment

* the right to a jury trial of his or her peers * the right to a speedy trial * the right to a trail in the area where the crime occurred * the right to subpoena witnesses for trial

formal charges take 2 forms:

1. information 2. indictment

The __ Amendment specifically prohibits the setting of excessive bail. Bail is designed to ensure the defendant's appearance in court. It is not to be used to punish a person accused of a crime

8th

An arraignment must be conducted in open court and must consist of:

A.ensuring that the defendant has a copy of the indictment or information; B.reading the indictment or information to the defendant or stating to the defendant the substance of the charge; and then C.asking the defendant to plead to the indictment or information.

compels the prosecution to provide a copy of the defendant's criminal record to the defendant. It also compels the prosecution to make all statements made by the defendant available to the defense.

F. R. Crim. P. 16

gives the district court the power to order a prosecutor to file a bill of particulars with the court. A bill of particulars includes the details about the charges against the defendant. This device is used only when the information or indictment does not sufficiently state or particularize the charge

F. R. Crim. P. 7

The Supreme Court in ___ v. ___ reversed itself, declaring that all felony defendants have the right to assistance of counsel at tria

Gideon v. wainright

This decision provides a new test for law enforcement reliance on the hearsay of an informer to establish probable cause; increased law enforcement's ability to search based solely on an informant's information

Illinois v. gates

A non-oral statement of facts that is confirmed by affirmation or oath of the person making the statement.

affidavit

Because the officer writing the complaint may not have firsthand knowledge of the facts alleged in the complaint, _____ from witnesses and victims often accompany the complaint

affidavits

if a def. is convicted, they can ___

appeal

A hearing where the criminal defendant comes before the court to enter a plea; it is a hearing in open court where the information and/or indictment are read and the defendant is asked to plead.

arraignment

the appearance after the information or indictment is called the ___

arraignment

the physical seizure of a person by the government

arrest

An amount of money set by the court, payment of which is a condition of pretrial release from police custody.

bail

if a defendant's offense is minor, he or she may be allowed to post ___ and appear before a judge at a later date

bail

A device used to provide a defendant with a statement of the facts enumerating the specific acts charged.

bill of particulars

The _____ process involves fingerprinting and photographing the defendant

booking

The process after arrest when the police enter formal charges against a defendant.

booking

if a prosecutor decides to charge a person with a criminal offense, a ___ is filed if the prosecutor is convinced that the evidence supports the charge

complaint

a voluntary statement made by a person charged with a crime, acknowledging that he or she is guilty of the charge

confession

the ___ complaint is the charging instrument and it is the first document filed with the court

criminal

what is similar to a civil complaint in that it is a written statement explaining the significant facts of the case?

criminal complaint

(1) the process of facilitating criminal prosecutions and (2) the process of protecting the rights of criminal suspects and defendants.

criminal procedure

the system of rules and regulations designed to assure justice in the US legal system

due process

A clause in the Fifth and Fourteenth Amendments to the U.S. Constitution that protects people from state actions that would deprive them of basic rights.

due process clause

the fifth amendment contains the ___ ___ ___ and the privilege against self incrimination

due process clause

prohibits cruel and unusual punishment

eighth amendment

* when a person is in the process of committing a misdemeanor * have probable cause to believe he or she has committed a felony * Exigent circumstances include destruction of evidence, mobility of the suspect (such as being in a car), or the presence of weapons at a crime scene. * hot pursuit. When an officer is actively involved in chasing down a suspect, * plain-view doctrine. An officer may seize any contraband (items that are illegal), such as cocaine. However, the officer must legally be in sight of the items to seize them.

exception to the warrant requirement

a criminal procedure rule stating that evidence obtained illegally cannot be used at trial.

exclusionary rule

An emergency that requires immediate action; such situations do not allow time for law enforcement officers to obtain a search or arrest warrant

exigent circumstances

A serious crime; includes murder, robbery, burglary, and arson; a crime designated as a felony is punishable by death or imprisonment for more than one year.

felony

the __ amendment guarantees people the right to be free from self incrimination

fifth

what begins after the arraignment?

formal discovery process

Before a warrant is issued under the ____ Amendment, probable cause must be established.

fourth

the ____ amendment limits the govt's right to arrest; also limits the right of police to detain or stop people, even on a temporary basis

fourth

prohibits unreasonable searches and seizures

fourth amendment

This doctrine states that subsequently discovered evidence, derived from an initial illegal search and seizure, is not admissible. Mapp v. Ohio

fruit of the poisonous tree doctrine

A jury that is called upon to receive and review accusations and complaints in criminal matters; this jury will hear evidence and issue indictments.

grand jury

criminal def. may enter one of 3 pleas:

guilty not guilty nolo contendere

A writ to bring a person before a court in order to test the legality of the person's imprisonment or detention.

habeas corpus

Article I, Section 9 of the Constitution provides for the writ of ____ ____to protect people from unwarranted arrest or detention except in times of war or rebellion.

habeas corpus

An out-of-court statement offered in evidence to prove the truth of the matter asserted.

hearsay

In some instances, law enforcement officers may follow a suspect into an otherwise protected area, such as a residence; when officers are in hot pursuit, they may make warrantless arrests and searches.

hot pursuit *

When two ideas are incorporated, they become one concept

incorporation

a written accusation given by a grand jury to the court in which it is impaneled; a criminal charge against a defendant that must be proved at trial

indictment

An accusation made by a prosecutor against a criminal defendant that does not involve a grand jury.

information

The first court appearance of a criminal defendant after the arrest.

initial appearance

the process used by law enforcement officers to elicit information from a criminal suspect

interrogation

an ___ begins as soon as the police are made aware of criminal activity

investigation

the process of asking questions and locating evidence

investigation

A judicial officer; federal magistrates are appointed by judges of federal district courts; magistrates have some of the powers of a judge.

magistrate

4 cases were brought to the supreme court with identical situations and legal issues. all 4 cases were decided under the one case name of ___ v. ___

miranda v. arizona

pretrial motions:

motion to dismiss motion for change of venue motion to suppress evidence

will the initial determination of probable cause bar the defendant from attacking the validity of the warrant and moving to suppress the evidence collected from search and seizure

no

a plea that says "I will not contest it"; def. does not deny or admit to the charges; court treats it as guilty plea

nolo contendere

the criminal defendant's response to the charge against him or her

plea

when a prosecutor agrees to reduce or dismiss one or more charges in exchange for the defendant's guilty plea

plea bargain

A defendant's second appearance before the court; the purpose is to establish that probable cause exists.

preliminary hearing

The ___ ____ is the second time the defendant appears before a judge

preliminary hearing

after the initial appearance, what is calendared in; usually within 10 days

preliminary hearing

Probable cause exists when an officer has a reasonable basis for the belief that a person should be searched or arrested.

probable cause

arrests may be made with or without a warrant, but there must always be enough ___ ___ to arrest

probable cause

before a warrant is issued under the fourth amendment, __ __ must be established

probable cause

consists of known facts that allow a "reasonably prudent" person to infer certain conclusions.

probable cause

____ ____ _____ensures fair proceedings in the criminal justice system, such as the right to a speedy trial, the right to assistance of counsel, and the right to a jury trial.

procedural due process

1.The evidence submitted to the judge or magistrate 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 believe that the items are in some way connected to criminal activity. 3.All items to be seized and areas to be searched must be specifically described. 4.The facts alleged to support the warrant must be supported by oath or affirmation. 5.The warrant must be issued by a neutral and detached magistrate.

requirements for a warrant to be issued

U.S. courts have made it clear that whenever possible, law enforcement officers should search and seize under the authority of a ____ ____

search warrant

the fifth amendment to the constitution prohibits the government from making a person become a witness against himself or herself

self-incrimination

"In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defense."

sixth amendment

guarantees the right to counsel and numerous rights regarding trial, including the right to a speedy trial and a jury trial

sixth amendment

there are 2 areas of due process:

substantive and procedural

____ ____ ____ protects personal property from governmental interference or possession.

substantive due process

what rule states the prosecution must present any evidence the exculpates, or tends to prove the innocence of the defendant?

the brady rule

why might a def. choose the nolo contendere plea?

the plea can't be used against the def. in a later civil suit; however, a plea of guilty can in a later civil suit

The Court held that "probable cause is a fluid concept—turning on the assessment of probabilities in particular factual contexts—not readily, or even usefully reduced to a neat set of legal rules."

totality of the circumstances test

after all pretrial motions are heard and decided, the case proceeds to ___

trial

A federal criminal defendant has the right to have counsel present at all stages of trial, including arraignment and the entering of a plea, under Federal Rule of Criminal Procedure 44

true

Although probable cause is based on "known" facts, a police officer seeking a warrant does not need firsthand knowledge of all the facts.

true

Criminal discovery is quite limited when compared with civil discovery, and the rules differ in each jurisdiction.

true

Criminal procedure is a branch of constitutional law

true

Incorporation meant that the Bill of Rights (the first ten amendments) became applicable to the state courts.

true

The Fifth and Fourteenth Amendments contain the Due Process Clauses

true

The use of the writ of habeas corpus came very publicly before the federal courts as a result of the detainees at Guantanamo Bay, Cuba

true

Under Federal Rule of Criminal Procedure 41(c)(1), an officer may present hearsay evidence to obtain a warrant, as well as information that may later be suppressed at trial.

true

a guilty plea means there will be no jury trial

true

an example to a "special circumstance" in the appointment of counsel was illiteracy

true

before the 14th amendment to the constitution, due process was solely a federal procedure

true

due process is the right to notice and a hearing

true

if the def. is acquitted, the prosecutor cannot appeal

true

most minal cases are settled using the plea bargain process

true

when a def. enters a not guilty plea at the arraignment, the court sets a trial date

true

A written order of a court allowing law enforcement officers to search a certain place, or search or arrest a certain person.

warrant

intended to protect people from overeager law enforcement behavior; is issued by a neutral and detached person, usually a judge or a magistrate; The officer requesting the warrant must convince the judge or magistrate that there is enough probable cause to issue the warrant

warrant

how long does it usually take before a defendant appears before a judge or magistrate?

within 24 hours of arrest

can an attorney get the hearsay gone from search and seizure

yes

can hearsay establish probable cause for search and seizure

yes