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