Evidence Law, Exam 1, Chapters 1-5

How does a case get to the Supreme Court?

1. party from lower court petitions for write of certiorari 2. rule of 4: 4 justices must agree to hear the case

How many amendments are in the Bill of Rights?

10

Tenth Amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

stipulation

An agreement between the two sides reached in the interest of expediency and efficiency

Burden of proof in a criminal case

Burden of proof is on the prosecution to prove defendant guilty beyond a reasonable doubt

What are the two inquiries that should be used when analyzing the 4th amendment

Careful attention to the definition of search and seizure Whether search or seizure is reasonable

Wilson v. Layne

Case dealt with reporters accompanying police looking to arrest a man in his parents home. Court ruled that officials violate citizens 4th Amendment rights when they invite journalists to accompany them into private places while executing a warrant.

Voir Dire Challenges

Challenge for Cause: (unlimited) juror let go for good reason (his wife of person dead from drunk driving example) Peremptory Challenge: (limited) didnt feel good about juror 3 for civil 15 for capital murder but can ask for more

Tennessee v. Garner

Deadly force may not be used against an unarmed and fleeing suspect unless necessary to prevent the escape and unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officers or others.

explain the precedent set in Tennesee v. Garner (1985)

Deadly force when used for an arrest may only be used when it is necessary to prevent fleeing AND there is probable cause to believe the fleeing felon poses a threat of death or serious injury

Veronia School District v. Acton

Drug testing = permitted in high school

Mapp v. Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

good faith exception to the exclusionary rule

Evidence that is discovered by officers acting in good faith, under the mistaken belief that a search was valid based on information supplied by a third party, will not be excluded in trial

Which constitutional amendment has been used to incorporate the Bill of Rights to the individual states?

Fourteenth Amendment

First Amendment Rights

Freedom of Speech Freedom of Religion Freedom of Press Freedom of Assembly Freedom of Petition

Marbury v. Madison (1803)

Gave the supreme court the authority to judicially review other branches of the government

Why is the 14th amendment one of the most important to the rights of our citizens

Gives citizens due process and equal protection under the law

Explain the importance of rules of evidence

Governs what information is presented to the jury and how it is presented

Smith v. Maryland

The Supreme Court declared that a person does not have a reasonable expectation of privacy in phone numbers he or she dials in

appellate jurisdiction

The authority of a court to review decisions made by lower courts

Common Law System

The common law system, brought from England, was the first system to develop rules on a case by case system. It developed into the law system we have today

Third Amendment

The government may not house soldiers in private homes without consent of the owner

Jurisdiction

The legal authority a court has to hear a case.

Second Amendment Rights

The right to bear arms and the right to keep a militia

Explain the three most significant restrictions concerning the service of search warrants

Time constraints, scope and manner of search, procedure after service, knock and announce

Seizure of a person

When an officer by means of physical force or authority intentionally restrains an individuals liberty in such a way that a reasonable person would think they cannot leave

What are the factors that need to be considered to determine when a search has occurred

Whether the search is a product of government action, and whether the law enforcement action in question invades an individuals reasonable expectation of privacy

Limited Jurisdiction

a court's power to hear only specialized cases

exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial.

Precendent

a model on which to base later decisions or actions

warrants must be issued by

a neutral and detached magistrate

Rochin v. California

a search cannot be exploratory, it cannot be unreasonable, and it cannot shock the conscience

three types of circumstantial evidence relied upon to show intent or motive

accused's ability to commit the crime, consciousness of guilt, involving the character or the victim

competent evidence

any evidence that is relevant and reliable and not otherwise excludable

Reasonable Suspicion

any information that points to illegal activity and may include rumor, tips, and anonymous telephone calls.

when are arrest warrants required

arrests in home. arrests in a third parties home

At common law what age group has rebuttable presumption of incompetence in adult criminal court?

children between the ages of seven and fourteen.

Mens Rea

criminal intent

Justification Defenses

defendants admit they were responsible for their acts but claim that, under the circumstances, what they did was right (justified)

Excuse Defenses

defendants admit what they did was wrong but claim that, under the circumstances, they weren't responsible for what they did

Examples of excuse defenses

duress, age, mistake, involuntary intoxication, unconsciousness, provocation, insanity, diminished capacity, and mental incompetence

Competent Evidence

evidence in a form the jury can see or hear. ex) murder weapon, video of the defendant committing the crime

real evidence

evidence that can be percieved with the five senses

Relevent Evidence

evidence that relates to the matter at hand or has some bearing on the trial.

Eigth Amendment

excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishment

reasonable expectation of privacy

exists when a person exhibits an actual expectation of privacy, and the expectation is one that society is prepared to recognize as reasonable

Judicial Notice of Law

explaining the area the law covers

Which type of jurisdiction is also known as "venue"?

geographic jurisdiction

when are arrest warrants not requires

in public, in the presence of exigent circumstances

Nix v. Williams

inevitable discovery exemption - evidence that was illegally seized may be used in court if it can be shown that it would have inevitably been discovered

What are the three procedures in court that are used as substitutes for evidence

judicial notice, presumptions, and inferences

voir dire

jury selection process

judicial notice of adjudicative facts

must be indisputable, common knowledge, and an ascertainable fact

parens patriae

power of the state to act on behalf of the child and provide care and protection equivalent to that of a parent

The Constitution is primarily concerned with setting forth the

powers of the federal government.

direct evidence

proves a fact without requiring an inference

circumstantial evidence

requires inference from a jury

Ninth Amendment

states that people's rights are not limited to just those listed in the Constitution.

Hierarchical Jurisdiction

the authority of a court to hear a case based on where the case is located in the system

original jurisdiction

the authority to hear cases for the first time

The juvenile court was established as an alternate approach to juvenile offenders and was based on:

the parens patriae doctrine.

Qualified Immunity

the protection of officers against being sued for their actions under certain circumstances

what are the constitutional requirements for presumptions

there must be a rational connection between some fact and the presumption that follows it

why do we have the exclusionary rule?

to deter police misconduct

tacit judicial notice

unspoken judicial notice

Testimonial Evidence

what is said in court by a competent witness under oath

Seizure of property

After a search has occurred. Seized fruits of a crime. Removed from persons actual or constructive possession.

three most significant restrictions concerning the service of arrest warrants

Knock and announce requirement Property damage Deadly force

stare decisis

Let the decision stand; decisions are based on precedents from previous cases

criticisms of judicial notice

May violate sixth amendment and May threaten confrontation

different definitions of reasonable doubt

Moral certainty, a doubt that would cause one to hesitate to act, a doubt based on reason

What is the basis for an acceptance of an appeal in the supreme court

Must be a case involving disputes between states, conflicting opinions of lower and federal courts, or to resolve constitutional questions

What are the three standards of justification recognized by the courts?

Probable Cause, Reasonable Suspicion, and Administrative Justification

Why is it a requirement that police must inventory seized items after a search? What types of items may be excluded from inventory

Protect against police theft and assure that the person's items are accounted for. Contraband can be excluded

Fourth Amendment

Protects against unreasonable search and seizure

Which constitutional amendment guarantees the right to face one's accuser?

Sixth Amendment

presumption

A conclusion reached on the basis of evidence and reasoning. Mandatory

Inference

A conclusion reached on the basis of evidence and reasoning. Not mandatory

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

totality of circumstances

A court review of all factors known to the officer at the time of the incident

Judicial Notice

A court's recognition of the truth of basic facts without formal evidence.

Missouri Plan

A method of selecting state judges in which a state committee prepares a list of qualified candidates, and the governor appoints a judge from this list. A.K.A the merit system

probable cause

A reasonable ground for the belief of guilt

administrative justification

A standard used to support certain regulatory and special needs searches. Ex. Health code inspections

What are the exceptions to the general burden of proof in a criminal case

If the defendant wishes to raise an affirmative defense, the burden is put on the defense.

Katz v. United States

In which of the following cases did the Supreme Court rule that searches should be evaluated based upon expectations of privacy rather than property interests?

The Bill of Rights is the primary source of

Individual rights.

Wilson v. Layne (1999)

It was a violation to bring the media into his house when they were arresting him as it was not part of the warrant

Seventh Amendment

Right to trial by jury

Examples of Justification Defenses

Self defense, Consent, Execution of Public Duties