UF CJL4410 Exam 1

Abandoned Property

"Abandoned property is property thatan individual intends to abandon and physically abandons. An individual has no expectation of privacy in abandoned property, and the property has no Fourth Amendment protection." Because of this, any abandoned property or any evidence found in abandoned property may be seized by the police without a warrant. The only remaining issue is whether the individual intended to actually abandon the property. However, this is more of a factual issue to be decided by a jury, but ifan individual throws something in the trash and leaves it, for example, it's a goodbet they intended to abandon it.

14th Amendment, Sec. 1:

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." was adopted in 1868 in order to help protect the equal rights of the newly freed slaves. However, it went on to have much more use beyond its original intent. The reason, again, lies in the wording applies to the states!!!

8th Amendment

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." -US Constitution, 8th Amend. right to not have excessive fines or bails against us in federal court outlaws cruel and unusual methods of punishment

6th Amendment

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have theassistance of counsel for his defense." -US Constitution, 6th Amend. right to speedy trial right to unbiased jury right to be informed of the charges against us right to confront witnesses and to compel witnesses to testify in our defense right to have a lawyer helps keep CJS on schedule to keep up with endless flow of cirminal defendents

5th Amendment:

"No person shall [...] be deprived of life, liberty, or property, without due process of law[.]" However, this "Due Process Clause", by itself, does nothing towards applying the Bill of Rights to the states. To do this, it required a little more incentive—i.e., a Civil War.

5th Amendment

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." -US Constitution, 5th Amend. right to remain silent right to have determination of probable cause made by a grand jury (in federal court only) right to not be subject to prosecution of the same crime twice right to due process

In assessing those factors, judges would look at the "totality ..." meaning, all of them in combination

"Of the circumstances"

Binding Authority—

"Source of law that a judge must evaluate when making a decision in a case." Example: The US Supreme court'sdecisions regarding the constitution and federal laws is binding on all other courts. However, Florida Supreme Court decisions are only binding on lower courts within the state.

Persuasive Authority—

"Sources of law, such as related cases or legal encyclopedias, that the court consults in deciding a case, but which, unlike binding authority, the court need not apply in reaching its conclusion." Example: While a Florida Supreme Court decision isbinding on courts within the state, it is only persuasive to courts outside the state.

4th Amendment

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."-US Constitution, 4th Amend. unreasonable search and seizure must obtain warrants based on more than speculation or rumor and should be issued by nonbiaseed judges

Supremacy Clause:

"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." -US Constitution, Art. VI

However, police may not use technology: (in terms of the Home)

(1) That is not in "general public use", AND (2) To see what is inside the home that they could not see, unless they were actually inside. So, thermal imaging and X-ray vision are not okay—for now...

3 steps suggesting whether evidence is suggestive ID can be admitted in court to be allowed guilty

(1) defense must show that IF procedures were suggestive (2) prosecution can prove that information is still trustworthy/reliable (3) judge looks at ID procedures and 5 reliability factors and based on totality of circumstances decides if the identification is trustworthy/reliable

SCOTUS held that the Miranda wantings should have been given because Williams was

(1) in custody (2) subject to the functional equivalent of an interrogation

Which of the following is true about Miranda warnings for people who are under arrest.

(1) people who are undergoing a routine traffic stop are not considered "under arrest" for purposes of providing Miranda warnings (2) a person who is under arrest for a non-traffic crime must be given Miranda warnings only if the police intend to ask them questions

Under what circumstances must subjects be give their Miranda rights?

(1) the person is in custody (2) the person is being interrogated

What 2 options do the police have if they provide Miranda warnings and the subject says she wants to meet with an attorney

(1)stop questioning until the attorneys is present (2) stop questioning altogether

What must eligible individuals be told, according to Miranda v. Arizona and why?

(1)you have the right to remain silent (2) anything you say can and will be held against you (3) you have the right to consult an attorney (4) if you cannot afford an attorney one will be appointed to you.

What is the difference between a confession and an admission?

-A confession=suspects acknowledge guilt -admission is when the suspect provides information from which guilt may be inferred, but that does not amount to a confession

6 problems associated with the criminal justice systems use of confrontations to gather eyewitness identification evidence?

-Humans are bad eye witness -Juries think eyewitness ID evidence is good -people's confidence is not related to their accuracy - it's easy to manipulate people memory -confrontation can bias a witness towards a certain person -ID reliability is particularly problematic when it's cross-race

In determining whether a person is "otherwise deprived"

-Place of interrogation -time of interrogation -presence of others persons -Entity that initiates interview/interrogation

What are the 3 new procedures being used by many police department across the country to increase the reliability of witness ID?

-Showing suspects one at a time instead of all at once -ensuring blind administration -telling the victim the perpetrator may not be in the lineup

Line ups and show ups. What is the difference between the two

-With a line up, the police shows the victim or witness multiple people live or with photos. -show up show the victim or witness just one person (Also a photo)

Does the 5th amendment protect against coerced self-incrimination apply to testimonial evidence? To physical evidence?

-it applies to testimonial evidence (Verbal evidence) -it does not apply to physical (personal) evidence, such as blood, fingerprints, DNA. P.E. Also includes providing a handwriting sample or voice sample.

Duty of Confidentiality

-the majority of communication between an attorney and her client is privileged -the attorney has a duty to keep the information confidential

5 reliability factors that are used during the Suggestive identification procedures

-witness opportunity to view the criminal at the time of the crime -witness degree of attention -accuracy of the witnesss prior description of the criminal - level of certainty demonstrated that ID -Length OG time between the crime and identification

List three reasons why we don't want coerced/compelled self-incrimination.

1) They can produce false confessions 2) it's the governments job to prove guilt not suspects. 3) makes cops less zealous in gathering evidence

How many cases do the circuit court judges hear

1,000 cases/3 judge panel

identify the major elements of a crime (3)

1. Actus Reus: A guilty act must be committed 2. Mens Rea: the act must have been intentional 3. The guilty act and criminal intent must be related

What are the steps for a felony prosection

1. Arrest 2.Initial appearance 3. Bail 4. Grand Jury/Preliminary hearing 5. arraignment 6. Discovery 7. Trail 8. Sentencing 9. Maybe Appeal

Curtilage is limited in four ways

1. Distance—How close is the area to the home; 2. Enclosure—Whether the area is within an enclosure surrounding the home; 3. Function—Whether the area is used for similar activities as inside the home; AND 4. Protection—Whether an effort was made to protect the area from observation.

What are the three components of the Criminal Justice System

1. Police: apprehend crime 2. the courts: determine innocence or guilty 3. corrections: carry out penalty

How does the military justice differ from state & fed justice

1. Proceeding are open to military society 2. the burden of proof is less demanding 3. 3-5 juries is used 4. jurors are military personnel

Justice Black's arguments against fundamental fairness

1. Subjective 2. BOR includes all the rights the founds thought were essential to liberty and freedom 3. different language would've been used if the 14th amendment wasn't meant to be incorporated

The following circumstances might indicate that a seizure has occurred:

1. Threatening presence of several officers 2. Display of a weapon 3. Physical touching (physical [rest are authority]) 4. Use of specific language or tone of voice indicating that compliancemight be compelled...

Circumstances indicating a seizure has occured

1. Threatening presence of several officers 2. display of weapon 3. physical touching 4. use of specific language or tone indicating that compliance might be compelled

Selective Incorporation

1. When a right is incorporated, the entire amendment is incorporated along with it, 2. The entire amendment will then apply equally to both the state and the federal government, AND 3. Where an amendment has not been incorporated, the state is free to design their own system for dealing with criminal procedures relying upon those functions. Despite all of the arguments made (or because of them) there is still no single test used, and not all of the rights found in the Bill of Rights apply to the states today.

what are the five practices of domestic violance courts

1. a dedicated judge presides over all phases of cases 2. ongoing monitoring by judge & staff 3. a resources coordinator prepares information for judge & its courst 4. on-site victim advocates serve as the primary linkage to social services agencies 5. the emphasis is on coordinated community response

the 5 elements of therapeutic jurisprudence

1. immediate intervention 2. non-adversarial adjuction 3. hand-on judicial involvement 4. treatment programs with clear rules and structured goals 5. a team approach

Katz test

1. the individual must exhibit a personal expectation of privacy AND 2. society must recognize this expectation as reasonable

In a concurring opinion Justice John MarshallHarlan established Katz's two-part test:

1.) The individual must exhibit a personal expectation of privacy, AND 2.) Society must recognize this expectation as reasonable.

How many Circuit Courts of Appeal are there

11

What District Court is Florida in?

11

How Trial Courts of Limited Jurisdiction (lower courts) are there

11,880 trial courts

jury is usually composed of

12 people

As to the volume of cases is concerned, for the last decade or so, approximately ______________ people have been arrested each year

12-14 million

federal circuit courts of appeal

13: 1-11 geographically, 1 for DC, 1 for federal circuit 3 judge panels en banc: when an appellate court sits to hear a case with all of its judges rather than a panel

How many Circuit Court judges are there

179

What year was the U.S. Courts of Appeal created

1891

Incorporated rights

1st Amendment 2nd Amendment 4th Amendment 5th- Double Jeopardy 5th- Self Incrimination 5th- Due process 5th- Takings 6th- Speedy trial 6th- Impartial jury 6th- Informed 6th- Confrontation 6th- Compel witnesses 6th- Counsel 8th- Cruel and Unusual

courts of appeal sit in...

3-judge panels in important cases, all judges in the circuit will sit en banc

amendments that have not been incorporated

3rd 5th right to indictment by a grand jury in capital crimes 6th jury unanimity clause 6th district clause 9th amendment

Unincorporated rights

3rd Amendment 5th Amend- Grand Jury 6th Amend- District 6th Amend- Jury unanimity 7th Amend 8th Amend- Bail clause 8th Amend- Fines 9th

Traffic cases in lower courtd

43 million/year

Katz v. US

4th Amendment protects people not places Conversations that are attempted to be kept private are protected by the 4th Amendment

4 amendment of the bill of rights that specifically deal with criminal procedure

4th: Citizens protected from unreasonable searches 5th: gov cannot force citizens to testify against themselves in court 6th: Citizens have right to fair and speedy trial 8th: citizens protected from cruel and unusual punishment

How does the Bill of Rights apply to the states?

5th Amendment due process clause 14th Amendment due process clause

Since the Bill of Rights was originally intended to only apply to the Federal government how does it apply to the states at all?

5th and 14th Amendments

Caseload of lower courts

62 million cases/year

How many judges sit in the Florida Supreme Court?

7

The following federal constitutional amendments have had at least one provision incorporated to the states through the 14th Amendment, except?

7TH AMENDMENT

The following federal constitutional amendments have had at least two provisions incorporated to the states through the 14th Amendment, except?

8TH AMENDMENT

What other provisions of the Bill of Rightd is relevant to the ACLU's argument

8th

How many justices are on the Supreme Court?

9 - One chief justice and eight associate justices.

U.S. District Courts

94 Trial courts established in the respective Judicial districts into which the U.S. is divided. these courts established for the purpose of hearing and deciding cases in the limited districts to which their jurisdiction is confined. 677 district judges. president dominated, confirmed by senate. serve for life

plurality opinion

A court opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision. In this instance, the legal position held by most of the justices on the winning side is called a plurality opinion.

presumption of regularity

A court's assumption that criminal justice decision makers acted in good faith rather than out of a discriminatory intent

Personal Jurisdiction

A court's power over an individual person or corporation.

writ of certiorari

A formal writ used to bring a case before the Supreme Court. rule of 4/9 to agree to hear case

CA v. Hodari

A person not under physical control has not been seized A person cannot avoid prosecution by discarding evidence

Due Process Model

A philosophy of criminal justice based on the assumption that an individual is innocent until proven guilty and has a right to protection from arbitrary power of the state. (emphasizes protecting the right of the individual)

What is the adversarial system?

A proceeding in which the opposing sides have the opportunity to present their evidence and arguments. Prosecuter has the burdon to prove defendant guilty beyond reasonable doubt

California v. Hodari

A seizure needs touching or submission

Seizures of Persons

A seizure of a person occurs when "a law enforcement officer detains anindividual and restricts his or her freedom of movement." In order to justify a seizure, police must have a reasonable suspicion that a crime has or is currently being committed. Absent this suspicion, any seizure of a person will be deemed unlawful. However, if a police officer is simply talking to an individual, and the individual is free to go at any time, then this is an encounter, not a seizure. This will be determined by considering the totality of the circumstances whether a reasonable person would feel free to go.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

In Miranda, the majority said that we do not want coerced/compelled confessions. They went on to say that custodial interrogations are

A) Generally coercive B) at risk for being coercive C) inherently coercive (c)

Bright-line rules

Abstract general rule for police to follow vs. specific rule to the case

Bright-line rules

Abstract general rule for police to follow vs specific rules to the case

Objectives of Criminal Procedure

Accuracy Appeals Respect Participation Fairness efficiency justice adversarial equality

what case did Justice black argue against fundamental fairness

Adamson v california

Rules of Criminal Procedure

Adopted by both federal and state governments and control all things related to the functioning of the court

Post- conviction

After all appeals have been exhausted or if no appeals have been pursued, the defendant may file a motion for post-conviction relief in the form of a writ of habeas corpus.

Post-conviction

After all appeals have been exhausted, the defendant can file a motion for post-conviction relief through a writ of habeas corpus

Appeals

After the trial stage, the defendant has the right to file an appeal to a higher court.

Appeals

After trial stage, the defendant has the right to file an appeal

What did the dissenting justice in Manson argue?

All evidence from suggestive procedures should be excluded.

Total Incorporation Total Incorporation +

All of the rights should apply Some of the additional rights not in the Bill of Rights should apply

Total Incorporation and Total Incorporation +

All of the rights should apply, and some of the additional rights not in the bill of rights should apply

ALI

American Law Institute Group of judges and lawyers who were concerned that states varied dramatically in their definitions of crime and legal procedures

therapeutic jurisprudence

An approach to the law emphasizing the favorable mental health impact or otherwise "therapeutic" impact of the legal system upon its participants.

Abandoned Property 4th Protection

An individual has no expectation of privacy in an abandoned property and the property has no 4th Protection A home cannot be abandoned though because it stays with the owner

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

What is the definition of the functional equivalent of interrogation

Any words or actions on the part of the police should know are reasonably likely to elicit an incriminating response from the subject

supremacy clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Pretrial

At this phase, probable cause must be determined and so the suspect is either: (1) taken before a magistrate for a preliminary hearing, or (2) the information used against the suspect is taken before a grand jury.

Pretrial Motions

At this stage the defense attorney may file various pretrial motions. For example, a motion to dismiss charges, a motion to change the location of the trial, or a motion to exclude unlawfully seized evidence from the trial.

Arraignment

At this stage the suspect is informed of the charges against them, advised of their rights, and asked to enter a plea.

Nix v. Whiteside (1986)

Attorney did not commit an error - threat was professional No right to testify falsely D's truthful testimony did not prejudice the result of his trial

Duty of Candor

Attorneys have a duty to be truthful to the court and may not knowingly mislead it, obstruct access to witnesses or evidence, or present false evidence or testimony

Barron v. Mayor & City Council of Baltimore

BOR did not apply to state and local governments

Police power

Based on judge's level of trust in police conduct

Psychology

Based on the judge's own individual experiences and background

Psychology

Based on the judge's own individual experiences and backgrounds

Consensus

Based on the willingness of judges to have a consensus among the other judges on the court before deciding

Separation of powers

Based on the willingness of judges to overrule legislators decisions as constitutional or not

Adamson v. California

Black's dissent argued for total incorporation 1. fundamental fairness test doesn't provide definite standards 2. the Bill of Rights was rights that founders thought were essential to liberty, so why would judges know better 3. if the founders wanted a fundamental fairness test they would have said so

What was the person in the case named above compelled to provide?

Blood sample

when was the trespassory approach adopted

Boyd v. U.S.

Malloy v. Hogan

Brennan came up with the selective incorporation test 1. when the right is incorporated, the entire amendment is incorporated 2. the entire amendment then applies to the state and federal government 2. When an amendment hasn't been incorporated, the state can make their own system

In what case did SCOTUS hold that Williams statement to the police about the location of the body had had to be excluded because no Miranda warnings were given?

Brewers v. Williams

Florida v. Bostick (1991)

Bus sweeps police may question an individual sitting in a public bus and it will not constitute a seizure, so long as areasonable person would "feel free to decline the officers' request or otherwise terminate the encounter."

Fundamental Fairness

Case by case basis whether the right is "fundamental to the concept of ordered liberty" and should apply to the states

Fundamental Fairness

Case by case basis whether the right is "fundamental to the concept of ordered liberty" and should apply to this states

Diversity Jurtisdiction

Cases between citizens of different states or b/w a U.S. Citizens and a foreign country of citizens

US v. Armstrong

Court granted cert to determine appropriate standard for discovery for selective-prosecution claim Court reversed ruling bc respondents failed to show that the govt declined to prosecute similarly situated suspects of other races Dissenting: There wasn't enough proof to establish fact, but enough to establish that there might have been some basis to their claims

Palko v. Connecticut (1937)

Court held that application, or incorporation, of rights would be case-by-case basis (selective incorporation)

Moore v dempsey

Court held that five black men convicted of murder in Arkansas could have an appeal heard by the federal court because there was no way they could have received a fair trial in the Arkansas court due to discrimination. This was a violation of the due process of law guarenteed under the 14th amendment

Substantive law

Creates legal obligation/ deals with the content or substance of the law

plea bargaining

Defendants agree to plead guilty in exchange for a benefit Charge bargain - less serious charges are offered Count bargain - fewer counts are offered Sentence bargain - leniency in sentencing is offered

Pretrial MOtions

Defense attorney files various motions Dismiss charges, change location, exclude evidence, etc

Miranda rights must be given to someone who is under arrest or otherwise

Deprived of freedom of action in any significant way

Sentencing

Determines the defendant's punishment

Kyllo v. US

Device used by govt is not in general public use Details of home which would previously been unknown Using technology that shows something that is not seen by the naked eye is a "search"

Hierarchical Jurisdiction

Differences in functions of courts and involves original as opposed to appellate jurisdiction.

Berger V New York

Eavesdropping was ordered from state judge and recording device was placed in office Holding: No, this violated the 4th amendment and 14th amendment right of privacy. Reasoning: The Court facially invalidated a New York statute (N.Y. Code of Crim. Proc. § 813-a) which allowed for electronic eavesdropping without the procedural safeguards required by the Fourth Amendment

What does it mean to "knowingly expose" something to the public?

Essentially this relies upon the notion of assumption of risk. If an individual gives something, which might otherwise be given 4th Amendment protection, to a third-party—i.e. someone for whom the individual maintains no reasonable expectation of privacy—they have assumed the risk that the third-party might hand whatever it is over to the police. This can include numerous things from: garbage, phone numbers dialed, bank records and emails. This same rule regarding assumption of risk also applies to the conversations we have between each other.

Marbury v. Madison

Established Judicial Review

Marbury v. Madison

Established principle of judicial review Constitution is the supreme law of the land

Article I

Establishes the Legislative Branch

Concurrent Jurisdiction

Example: Terry Nichols, who was involved in the Oklahoma City Bombing, was convicted in both federal and Oklahoma state courts and given multiple life sentences.

Prosecutor's Duty to Disclose Exculpatory Evidence

Exculpatory evidence - could prove innocence o Evidence must be disclosed when it would have been persuasive and produced reasonable doubt about guilt o Duty to disclose exculpatory evidence if it is material - reasonable probability that the outcome of the case would have been different

Federal Rules of Criminal Procedure are laws passed by congress that address criminal procedure, such as funding related or criminal sentencing related issues, for example.

FALSE

INS v. Delgado (1984)

Factory sweeps police may question employees at work and it will not constitute a seizure, even if the police prevent them from leaving, so long as the employees are free to move around the workplace, as they were already voluntarily committed to being at work.

After the American Revolution, the power of the state courts was drastically reduced and taken over by the Federal judiciary.

False

Laws or statutes passed by local governments are known as administrative regulations

False

The Due Process Model of the Criminal Justice System is usually associated with reactionary politics.

False

The Rule of Four means that the majority of the U.S. Court Justices must approve a writ of certiorari petitioning the High Court to hear a case.

False

True or false: Questioning individuals at a crime scene requires that those individuals receive Miranda warnings, even if they are not under arrest

False

Federalism

Federal power vs. State power

Federalism

Federal power vs. state pwoer

Forrester v. White (1988)

Firing had nothing to do with judge - deciding cases. Firing was an administrative job and liable and not immune.

Moore v. Dempsey and Powell v. Alabama

First winning arguments in favor of incorporation

Where is the 11th circuit Court of Appeal at

Florida

Criminal Procedure

Focus is on regulating the procedures of police and the courts Always in place; no specific elements need to be proven

Criminal Procedure—

Focus is on regulating the procedures of police and the courts Always in place; no specific elements need to be proven

Criminal Law—

Focus is on specific criminal behaviors Requires specific elements to be proven

Criminal Law

Focus is on specific criminal behaviors Requires specific elements be proven

due process theory

Focused on individual rights Primary goals are rehabilitation and procedural fairness

Sentencing

Following a criminal conviction, the judge holds a sentencing hearing todetermine the defendant's punishment

Post Arrest Investigation

Following arrest, the police may engage in investigative activities to gather evidence

Post Arrest Investigation

Following the individual's arrest, the police may continue to engage in investigative activities in order to to gather evidence of the suspect's guilt

Rochin v. California

Forcing someone to give up evidence unwillingly then using it against them in court is a violation of the 5th Amendment right against self-incrimination

4th Amendment

Freedom from unreasonable searches and seizures

The Supreme Court has relied upon 3 methods to apply the Bill of Rights to the States:

Fundamental Fairness Total Incorporation and Total Incorporation + Selective Incorporation (and +)

Palko v. Connecticut

Fundamental fairness rational 1. the right is of the very essence of the scheme or ordered liberty 2. a fair and enlightened system, of justice would be impossible without it OR 3. the right is based on a principle of justice so rooted in the traditions and conscience of our people to be ranked as fundamental

Geographical Jurisdiction

Geographical area over which courts can hear and decide disputes.Ex. courts in california have no jurisdiction to try a crime that happened in Florida

Katz v. United States

Govt wiretapping your phone is an unlawful search or seizure 4th protects people, not places

Olmstead v. United States

Govt wiretapping your phone isn't an unlawful search or seizure

Home

Has greatest 4th protection In order to enter, generally the police need a warrant Police may use technology to enhance what they see that is already in plain sight May NOT use 1. what is not in general public use 2. to see what is inside the home they could not see unless they were inside

Smith V Maryland

Holding: Evidence found from the installation and use of pen register is admissible in court, no expectation of privacy in phone numbers dialed Reasoning: Since the defendant had disclosed the dialed numbers to the telephone company so they could connect his call, he did not have a reasonable expectation of privacy in the numbers he dialed

Moore V Dempsey

Holding: No, it is not permissible to convict this group when constitutional rights were taken away Reasoning: Mob-dominated trials were a violation of the Due Process Clause of the Fourteenth Amendment. Federal courts were furthermore duty-bound to review habeas corpus petitions that raised claims of discrimination in state trials.

Horton V California

Holding: No, the court describes the "plain view" doctrine as an exception to the general rule that warrantless searches are unreasonable, but there is a doctrine implicates seizures as "invasion of privacy" Reasoning: Establishes three prong test for plain view doctrine, remands Coolidge v new hampshire

Michigan Dep. Of State Police V Sitz

Holding: The court observed that the police department agrees there is a 4th amendment "seizure" when a vehicle is stopped at checkpoint. Appropriate to regulate drunk driving. Reasoning: Michigan State Police highway sobriety checkpoint program is consistent with the Fourth Amendment. Michigan Supreme Court reversed and remanded.

New Jersey V TLO

Holding: The search did not violate the 4th amendment Reasoning: (1) Fourth Amendment's prohibition on unreasonable searches and seizures applies to searches conducted by public school officials (Administrators) , and (2) search of student's purse was reasonable.

US V Leon

Holding: There is an exception that evidence seized on the basis of mistakenly issued search warrant could be introduced at trial Reasoning: Established that evidence obtained in good faith by police relying upon a search warrant that subsequently is found to be deficient may be used in a criminal trial.

Boyd V US

Holding: There need not be a physical invasion of one's home to constitute a violation of the 4th amendment Reasoning: A search and seizure is equivalent to a compulsory production of a man's private papers. 4th amendment protects against the invasion into person's private matters

Duncan V Louisiana

Holding: Yes, 7-2 decision, the court held 6th amendment was fundamental to the American scheme of justice and the states were obligated under the 14th amendment to provide trials A crime carrying a 2-year sentence is sufficiently serious to require the right to a jury trial under the Sixth Amendment, as applied to the states by the Fourteenth.

Fundamental fairness first established in...

Hurtado v. California did not have a right to indictment before a grand jury because it was not a essential to the preservation of liberty and justice

Public Places/Private Businesses 4th Protection

If an area of the business is open to the public, it is open to the police and they can search and seize anything within the area

Assumption of risk

If an individual gives something that might otherwise be given 4th protection to a third party, they have assumed the risk that the third party might give it to the place

Encounter

If an officer is simply talking to an individual, and the individual is free to go at any time Determined by the totality of the circumstances whether a reasonable person would feel free to go

Kyllo v. United States

If regular people can use it so can the police

Trial

If the defendant doesn't plead guilty, they get either a judge or jury trial

trial

If the defendant refuses to plead guilty, they are guaranteed a jury or judge trial.

Public Places and Private Businesses

If you understand what we've already discussed then this is easy. Essentially, when it comes to public places and private businesses, if an area of the business is open to the public—much like garbage, emails, and phone numbers (see the video on the intro to searches and seizures)—it is open to the police, and they can basically search and seize anything within that area. However, if an area of the business is not open to the public, for example an employee lounge, then police may not enter that area without a warrant.

The Judiciary Act of 1789

In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures.

Katz v. United States

In Katz, the Court held that the 4th Amendment "protects people, not places." The Court further held that "What a person knowingly exposes to the public [...] is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected."

Regarding its application to (personal) physical evidence, what is the case that decided whether self-incrimination protections apply to physical evidence?

In Schmerber V. California SCOTUS held that the protection against compelled self-incrimination does not apply to physical evidence

Interpretation

In regards to constitutional and statutory interpretation there is a whole other list of methods for how judges may decide, to include originalist, contextualist, etc.

Interpretation

In regards to constitutional and statutory interpretation there is a whole other list of methods for how judges may decied

How is this line made? What dictates the minimum level of protection for the individual states?

Incorporation of the Bill of Rights

Silverthorne Lumber Co V US

Incriminating evidence was seized by photographs, there was no warrant Holding: No, it is not permissible for the US government to benefit from an unlawful act. Reasoning: To permit derivatives would encourage police to circumvent the 4th amendment so the illegal copied evidence was held tainted and inadmissible by "fruit of the poisonous tree"

Balancing Security and Rights

Individuals are granted constitutional rights that cover many different areas toinclude a individual's right to be fromunlawful search and seizure to their right to have an attorney. However, the police and the courts also have a duty to protect citizens from criminals and to secure the stability of the government. These two sides' duties and rights oftenconflict; so, a careful balancing act must be maintained.

Balancing Security and Rights

Individuals are granted rights that cover areas to protect them But this has to be balanced with police/court's duty to protect citizens

What specifically does the 5th amendment protect against when it comes to the issue of self-incrimination

Individuals can not be compelled to be a witness against him/herself

Marbury v. Madison (1803)

It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the lawand the constitution apply to a particular case [...] the court must determine whichof these conflicting rules governs... established judicial review adam and jefferson adams leaving (tried to make last minute political appointements before jefferson came in) by the time the letter was received tried to force madison to appoint marbury

What does it mean to call an identification process "suggestive"?

It means that the processes used for the ID tend to suggest the guilt of a particular person. A show up is inherently suggestive

3 characteristics of common law

Judge-made, uses precedent, found in multiple sources

Magistrate Judges

Judicial officers appointed by the U.S. district courts to performed by U.S. commissioners and to assist the courts by serving as special masters in civil actions, conducting pretrial or discovery proceedings, and conducting preliminary review of applications for post-trial relief made by individuals convicted of criminal offenses.

In a dissenting opinion in Adamson v. California(1947),

Justice Hugo Black discussed his disagreement with the fundamental fairness approach to incorporation. In his view the intent of the legislators in adopting the 14thAmendment was clear—all of the Bill of Rights should apply. To make his case, he argued 3 points: The "fundamental fairness" test does not provide definite standards that judges can use to make their decisions—i.e. its subjective; The entire Bill of Rights includes the rights the original founders viewed to be the most essential to liberty and freedom—so why should judges think they know better,AND If the founders intended to follow a "fundamental fairness" test they would have used different language.

Writing for the majority in Malloy v. Hogan (1964),

Justice William Brennan developed an alternative methodto both Justice Black's total incorporation and the "fundamental fairness" test. In doing so, he created the selective incorporation method

what case overruled Olmstead v. U.S?

Katz v. U.S.

when was the legal equation for privacy (subjective/objective) established?

Katz v. U.S.

A person can waive his/her Miranda rights. What are the two words that SCOTUS uses to characterize the standard for that waiver

Knowing and voluntary

Common Law

Law developed in England by judges who made legal decision in the absence of written law. Decision served as precedent and became "common" in legal system

Procedural law

Law that establishes the methods of enforcing the rights established by substantive law.

stare decisis

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

Origins of Fourth Amendment

Magistrates issued general warrants that were good until 6 months after the magistrate died

Expectation of privacy test

Main rule governing the lawfulness of searches and seizures

Trial courts divided into

Major and lower courts

First drug court was in

Miami

Did Miranda replace the above standard or apply rules that gave additional meaning to the standard

Miranda did not replace the "voluntary" standard; it gave additional meaning to that standard.

The first winning arguments in favor of incorporation were in the cases of

Moore v. Dempsey (1923) and Powell v. Alabama (1932). Both of these cases involved a failure of the trial court to protect the rights of African American defendants in the South hastily charged with a crime due to the pressure of public opinion (and lynch mobs descending upon the court houses), and in both cases many of the defendants were sentenced to death. These cases make for compelling drama, but they also help to reinforce the fact that some laws require severe circumstances to change.

Curtilage

Moving inwards from the fields, closer to the home, is another region. This area is not quite in the home, and it is not in the fields. This area is referred to as the curtilage...and it is defined by the text as "the area immediately surrounding the home." As such, due to its close proximity it isdeemed to be a part of the home, and is awarded 4th Amendment protection—however, this protection is limited in four ways

Did SCOTUS determine that Perkins confession had to be excluded because he did not get Miranda warnings?

No (Illinois v. Perkins)

8th Amendment

No cruel or unusual punishment. excessive bail and fines

California v. Greenwood

No privacy is expected in discarded trash.

Are your secrets safe from me?

Nope. According to United States v. White (1971) when we communicate with others weassume the risk the other person will not reveal what we tell them.

INS v. Delgado

Not a seizure of the employees at the workplace No expectation of privacy encounters were classic consensual encounters rather than Fourth Amendment seizures

What must police do if they provide Miranda warnings and the subject chooses to remain silent?

Not ask any questions

Mendenhall test

Not whether the citizen perceived that he was being ordered to restrict his movement, but whether the officer's words and actions would have conveyed that to a reasonable person

State of mind

Objective (reasonable person) standard vs. Subjective (like-person in the same circumstances) standard;

Arrest

Once probable cause has been established that a crime has been committed, the police may are authorized to make an arrest of an individual and place them in custody.

Arrest

Once probable cause has been established, the police can arrest an individual

Selective Incorporation Selective Incorporation +

Only particular rights should apply Some additional rights not in the Bill of Rights should apply

Selective Incorporation (and +)

Only particular rights should apply, and some additional rights not in the bill of rights should apply

writ of certiorari

Order by the Supreme Court directing a lower court to send up the records of a case for review

However, the legal test for fundamental fairness comes from the case

Palko v. Connecticut (1937). This case regarded a statute that had been passed allowing prosecutors in Connecticut to retry a case at the trial level if the State wins at the appellate level. This was argued to be against the right for a defendant to not be charged twice for the same crime. However, like many of the other cases before it, this one lost as well. But the Court did provide its rationale for what might make a successful claim. As such, according to the Court, a right will be deemed fundamental if: The right is of the "very essence of the scheme or ordered liberty", "[A] fair and enlightened system of justice would be impossible without [it],"Or, The right is based on a "principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental." This is not a mathematical equation, but if the circumstances fit then these are the arguments that might best prove persuading.

Katz V US

Petitioner was convicted of gaining information by telephone booth across state lines by electronic listening device outside booth Holding: The unreasonable search and seizure violated the 4th amendment and the recordings were obtained in violation because there was no physical entrance Reasoning: The Court extended the Fourth Amendment protection from unreasonable search and seizure to protect individuals with a "reasonable expectation of privacy"

Criminal Investigation

Phase involves detecting and investigating criminal offenses Methods: searches and seizures of persons/property, interrogations, indentification

Criminal Investigation

Phase involves detecting and investigating criminal offenses. Three methods of criminal investigation: (1) Searches and Seizures of Persons and Property, (2) Interrogations, and (3) Identification.

Mapp V Ohio

Police broke into house with no warrant and Mr. Mapp and his daughter were confined in a room with handcuffs Holding: No, evidence obtained unconstitutionally without warrant is a violated of 4th and 5th amendment Reasoning: The Fourth Amendment prohibition against unreasonable searches and seizures, as applied to the states through the Fourteenth, excludes unconstitutionally obtained evidence from use in criminal prosecutions. First to bring exclusionary rule to states

Michigan v. Chesternut

Police may question an individual in their vehicle and it will not constitute a seizure so long as the police do not display their weapons, have their siren on, or black the individual's movement

Florida v. Bostick

Police may question an individual sitting on a bus and it's not a seizure if the reasonable person would feel free to decline the officers' request or otherwise terminate the encounter

INS v. Delgado

Police may question employees at work and not constitute a seizure

Oliver V US

Police went into wooded lands without warrants and found marijuana patches Holding: Evidence obtained in open fields was ruled admissible in court Reasoning: Open fields cannot support a reasonable expectation of privacy and are thus not protected by the Fourth Amendment.

Pretrial

Probably cause must be determined and so the suspect is either Taken before a magistrate Or taken to before a grand jury

Who are the actors of the court (3)

Prosecuter, Defense attorney, judge

Charge

Prosecutors have discretion to charge suspect or not file

Charge

Prosecutors have the discretion to formally charge the suspect with a criminal offense or decide not to file charges and release the suspect from custody.

Rochin v. California

Pumping stomach of a suspect without permission is an unreasonable search or seizure

crime control theory

Punishment of offenders Empowers police and prosecutors Primary goal is public safety

Which of the following rights was not written in the 8th Amendment of the Constitution?

RIGHT TO BE SUBJECT TO EXCESSIVE BAIL

Which of the following rights was written in the 8th Amendment of the Constitution?

RIGHT TO NOT BE SUBJECT TO EXCESSIVE BAIL

Post Arrest

Recording information regarding the arrestee and inventorying his or her possessions

Which of the following rights was not written in the 4th Amendment of the Constitution?

Right to a warrant based upon reasonable suspicion

Rochin V California

Rochin swallowed two pills of morphine to hide evidence and police ordered his stomach to be pumped Holding: No, the 14th amendment prohibits coerced confessions Reasoning: The use at trial of evidence obtained by conduct that "shocks the conscience" violates due process. Second District Court of Appeal for the Second Appellate District of California reversed.

In discretionary appeals and appeals to the Supreme Court, indigent defendants have no rights to court-appointed counsel according to which case?

Ross v. Moffitt

Model Code of Pretrial Procedure

Rules created by a group of influential lawyers, academics, and judges on how pretrial issues should flow

Hudson V Palmer

Search of prison cells and pillowcase was seized and destroyed Holding: 4th amendment did not apply in a prison cell, but deprivations of privacy property did not violate due process clause of 14th amendment Reasoning: The Court held that the Fourth Amendment proscription against unreasonable searches did not apply "within the confines of the prison cell." the Court found that "the paramount interest in institutional security" outweighed all privacy concerns

California V Greenwood

Search was conducted on garbage bag left on outside of curtilage of home Holding: Garbage outside of home does not prohibit the warrantless search and seizure of evidence Reasoning: The Fourth Amendment does not prohibit the warrantless search and seizure of waste left for collection outside the curtilage of a home. California Court of Appeal reversed.

State Constitutions and Courts

Similar to the federal system, states will have their own constitution, and state judges will have the same power ofinterpretation over their state's constitution as the SupremeCourt has over the US Constitution. However, the state judge's power is limited as the Bill of Rights guarantees a minimumlevel of constitutional protection. States may guarantee a level of constitutional protection equal to that given by the Bill of Rights, but states may not provide a level of constitutional protection less than that granted by the Bill of Rights, or it will be ruled unconstitutional.

Total Incorporation

Some judges have even gone on to claim that not only should the entire Bill of Rights be incorporated, but additional rights not included in the bill of rights should be incorporated as well. Despite these claims and Justice Black's argument inAdamson, this view has not become a majority opinion on the Court. However, this argument has helped to incorporate a far larger number of rights than might have otherwise.

Arizona V Hicks

Someone fired a bullet and someone downstairs was injured and in order to investigate the shooting, police officers went in and found guns and face mask without warrant. Stereo serial numbers were seized. Holding: No, stereo serial numbers seized was a violation of the 4th and 14th amendment. Had reasonable suspicious but not probable cause for stereo. Reasoning: Police require probable cause to seize items in plain view.

Binding authority

Sources of law that a judge must evaluate when making a decision in a case Ex- SCOTUS decisions are binding on all courts

Precedent

Stare Decisis—Latin for "to stand by things decided." This term distills the legal doctrine of precedent to its most important element. Essentially, once something has been decided by a court, courts in future cases presiding over the same issue may decide in a similar way. This is a convenient way for courts to not have to "recreate the wheel."However, it is not always binding—meaning a court may not be required tofollow it. This depends heavily on the court's authority and how new the issue is.

State Judicial Systems

State Supreme Court Intermediate Courts of Appeal Trial Courts

Cooper v. Aaron

State officials must obey federal orders of the constitution

State's Higher Constitutional Level of Protections

States may, however, provide a level of constitutional protection greater than that granted by the Bill of Rights, but these additionalprotections will only apply to that state's police.

Cooper v. Aaron

States must follow the Supreme court decisions, even if they don't agree

US Supreme Court

Supremacy Clause - article 6 there can be nothing higher SCOTUS has privlege of interpretting the constitution only court allowed

Federal Judicial System

Supreme Court - 1 Federal Supreme Court Highest Level (appellate jurisdiction through certiorari Courts of Appeal -12 Regional Circuit Courts Intermediate Level (appellate jurisdiction) District Courts - 94 Federal District Courts Lowest Level (original jurisdiction)

Strickland v. Washington

Supreme Court ruled that: defendants in capital cases have a right to representation that meets an "objective standard of reasonableness" 2 prong test: Was counsel's performance deficient? Did the deficiency prejudice the defendant?

Federal Justice System

Supreme Court- 1 Court of Appeals- 12 regional circuit court District Courts- 94 federal district courts

Arraignment

Suspect is informed of the charges against them, advised of their rights, and asked to enter a plea

Federal Statutes are laws passed by congress that address criminal procedure, such as funding related or criminal sentencing related issues, for example.

TRUE

State Statutes are laws passed by state legislatures that address criminal procedure, such as whether cameras are permitted in the state court rooms.

TRUE

CA v. Greenwood

The 4th Amendment allows the warrantless search of garbage left outside Considered "abandoned property"

Hurtado v. California

The Due Process Clause of the Fourteenth Amendment does not require that a state felony prosecution begin with indictment by a grand jury

The court cases on confrontation/identification have focused on what clauses in the Bill of Rights

The Due Process clauses of the 5th and 14th amendments.

Skinner V Railway Labor Executives

The Fourth Amendment is applicable to the drug and alcohol testing mandated or authorized by the FRA regulations.

Supervisory authority

The USSC's ability to direct lower federal courts to follow rules that are not based on the U.S Constitution

Curtilage

The area immediately surrounding your home Awarded 4th protection but limited by: 1. Distance- how close is the area to the home 2. Enclosure- whether the area is within an en closure surrounding the home 3. Function- whether the area is used for similar activities as inside the home 4. Protection- whether an effort was made to protect the area from observation

United States v. Armstrong

The defendant must demonstrate a discriminatory effect that was motivated by a discriminatory purpose. Must show similarly situated people of a different race were treated differently.

What entity bears that the burden of proving that the rights were waived in accordance to the standards?

The government

Hurtado v. California (1884)

The language regarding "fundamental fairness" derives from a Supreme Courtcase,________. In this case the defendant,________, argued that a prosecutor must go through a grand jury to charge an individualwith a crime (instead of an "information"—a document used by prosecutors to file criminals charges against a defendant in court). The Court disagreed, because whether the defendant is charged through the means of an information or a grand jury, their guilt is decided in a courtroom attrial. So, the use of a grand jury was not a "fundamental principle of liberty and justice." Although, _________ claim failed, the Court continued to stress theimportance for lawyers to bring cases with similar arguments.

Why was the Bill of Rights (as it was originally written) only applied to the Federal Government...?

The reason for this is thatthe colonists were afraid of the power of centralized authority. In fact, this fear was so great that many individuals were afraid George Washington would try to declare himself king

Open Fields

There are two reasons for this: 1. The 4th Amendment is intended to protect "intimate" activities, and these activities are not typically associated with fields. 2. Also, open fields are usually accessible to the public in some way, for example helicopters or planes.

Model Code of Pretrial Procedure:

These rules were created by a group of influential lawyers, academics, and judges, and govern how pretrial issues should flow. Unless these rules have been adopted by a state government, they are not law; however, they are very persuasive and have often been cited in legal opinions. Because these rules are highly persuasive, much like other forms of official law, they can also be a target of lobbyists who may wish to influence the shape of the rules and provide some input.

Marbury v. Madison

This case establishes the Supreme Court's power of Judicial Review - the power to review and strike down acts of congress

Post Arrest

This phase involves recording information regarding the arrestee and inventorying his or her possessions.

The home itself, however, cannot be abandoned--

Title to a home stays with the owner, regardless of whether they are living there. However, this does not prevent a city from seizing the property for unpaid property taxes or through a process of eminent domain—where the city forces the owner to sell their home—because it has become ugly and/or a danger to the community. However, because this is a rarer phenomenon, the doctrine of abandoned property will usually apply to just personal property—which is basically just everything else.

Corpus Delicti refers to the essential elements of a crime.

True

Original and appellate jurisdiction fall under the hierarchical jurisdiction classification of jurisdiction.

True

The U.S. District Court system is composed of 94 districts.

True

The law that establishes the methods for enforcing legal obligations is known as substantive law.

True

The relationships between the components and agencies in the American Criminal Justice System are characterized by tension and conflict.

True

Manson v. Brathwaite, SCOTUS set up a process for assessing whether a suggestive identification process could still be considered

Trustworthy or reliable

federal trial courts

U.S. District Courts Article III judges magistrate judges 94 district courts

Sources of Criminal Procedure

US Constitution SCOTUS US Court of Appeals and District Courts State Constitutions State Courts Federal Statutes State Statutes Federal Rules of Criminal Procedure State Rules of Criminal Procedures Model Code of Pre-Arraignment Procedure

10 Sources Of Criminal Procedure:

US Constitution US Supreme Court US Courts of Appeals and District Courts State Constitutions State Courts Federal Statutes State Statutes Federal Rules of Criminal Procedure State Rules of Criminal Procedure Model Code of Pre-Arraignment Procedure

If the government wiretaps your phone line in order to listen in on your personal conversations is this an unlawful search or seizure?

Under the trespassory approach, according to Olmstead v. United States (1928), the answer would be no. However, under the expectation of privacy test, according to Katz v. United States(1967), the answer would be yes.

Precedent...

Usually controls, but some judges may differ in how far they are willing to deviate

Precedent

Usually controls, but some judges can differ in how far they are willing to deviate

Michigan v. Chesternut (1988)

Vehicle sweeps police may question an individual in their vehicle and it will not constitute a seizure, so long as the police do not display their weapons, have their sirens or flasher on, or block the individual vehicle's movement.

Even before Miranda was decided, SCOTUS set a standard for evaluating incriminating statements/evidence from suspects. The provision by a suspect of incriminating statements had to be

Voluntary

US v. Mendenhall

Was Mendenhall seized when officers approached her? Doesn't matter, reasonable suspicion was established

United States v. Mendenhall

Wasn't an unconstitutional search and seizure because it was only a encounter that she consented to the entire time

Seizure of a person

When a law enforcement officer detains an individual and restricts their freedom of movement To justify a seizure, there must be a reasonable suspicion a crime has been committed

First Impression—

When an issue is encountered by a court for the first time, there is no precedent to rely upon. In that case the court can look to courts that have sided on the same issue in other states. However, if no decision exists (which is rare) the judge or judges willhave to preside over the issue relying upon their own judgments...

First Impression

When an issue is encountered by the court for the first time, there is no precedent to rely upon Court can look to courts that have decided on the issue in other states

United States v. White

When we communicate with others, we assume the risk the other person will not reveal what we tell them

Hurtado v. California

Where fundamental fairness is derived from

Can the police provide Miranda warnings and still be in violation of the standard

Yes. For example, if the police provided Miranda warnings and then used physical force to compel a confession, it would've violated the protection against self-incrimination

Oliver v. United States

You don't have privacy in an open field because: 1. 4th Amendment is intended for intimate activities 2. Open fields are usually accessible to the public by planes

Rule of Criminal Procedure

____________ are adopted by both Federal and State Governments and control all things related to the functioning of the court. -Example: Function of Grand Jury Motions to be filed Jury Instructions These rules are the purview of attorneys and Judges, and they have the force of law. Understanding these rules (and similar ones) fluently is what separates your goodlawyers from your not so good lawyers...

trial de novo

a completely new trial is conducted

dual court system

a court system made up of both federal and state courts

Gideon v. Wainwright (1963)

a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants unable to afford their own attorneys.

Venue

a particular location or area in which a court having geographical jurisdiction may hear a case Ex. county

Crime Control Model

a perspective on the criminal justice process based on the proposition that the most important function of criminal justice is the repression of crime, focusing on efficiency as a principal measure (repression of criminal conduct)

fundamental right

a right of such significance that is is "implicit in the concept of ordered liberty". A free and democratic society cannot be envisioned without it

Granting Cert: the rule of four

a vote of 4 supreme court justices required to grant certiorari

in criminal law, elements must be proved beyond a reasonable doubt:

actus rea - criminal act mens rea - guilty mind causation - the act must be the cause of the harm injury - harm the statute seeks to prevent

objectives of criminal procedure

adversarial: defendants should have the opportunity to be presented by a lawyer

criminal procedure

always in place; no specific elements need to be proven

Powell v. Alabama (1932)

an attorney must be provided to a poor defendant facing the death penalty in states johnson v zerbst - extended to federal courts

if there is probable cause with a grand jury...

an indictment is filed

if there is probable cause in a preliminary hearing...

an information if filed

14th Amendment

applies bill of rights and due process to the states

how many drug courts in the 50 states

approx 3,150

criminal court process

arrest initial appearance (detention hearing) preliminary hearing (grand jury indictment) arraignment plea agreement (trial) pre-sentencing sentencing appeal

CA v. greenwood

assumption of risk

concurrent jurisdiction

authority of federal and state courts over certain areas

Police power

based on judge's level of trust in police conduct

Separation of powers

based on willingness of judges to overrule legislators decisions as constitutional or not

How Statutory Law is Made

bill goes through: -committees -approved through house and senate -governor or president

What does Corpus Delicti mean

body of the crime/ the elements of crime

Constitutional political system

checks and balances separation of powers response to tyranny US Constitution= Supreme Law of the Land

due process revolution

chief justice earl warren 1953-69 o Application of key constitutional rights in state courts transformed the rights of criminal defendants across the country

Judiciary Act of 1789

congress' first legislative act creating a federal judiciary composed of district and circuit courts

Cooper v aaron

constitution is the supreme law of the land Little Rock Arkansas couldn't segregate the school after poesy v. ferguson

sources of law

constitutions statutes judicial opinions administrative rules

A probation Officer belongs to which of the Courthouse Actors?

corrections

Major Trial Courts

court of general jurisdiction that handles major criminal and civil cases

Intermediate court of appeals

courts charged with automatic review of all appeals by defendants whose decisions are subject to review by a court of last resort; hear all cases properly filed

court of limited jurisdiction

courts of original jurisdiction municipal, police, magistrate courts misdemeanors and special felonies are prosecuted here

Historical Background of 4th Amendment

date back to Colonial America in the late 1700s. At that time, magistrates would issue general warrants and writs of assistance, which were good until 6 months after the death of the magistrate who issued them and could be served anywhere. These warrants were used to enter individuals'homes, businesses and factories in search of smuggled goods—which were brought into the country in order to avoid paying the high customs duties. (Incidentally, one of the most well known smugglers was John Hancock—aka. the future governor of the soon to be formed state of Massachusetts and the guy with the largest signature on the declaration of Independence.)

US v Gonzales-Lopez

defendant has the right to hire the attorney of his choosing

Complaints

describe the crime and relevant sections of the criminal code

Dusky Standard

determines if defendant is competent to stand trial with 2 prong test: Whether D has a rational and factual understanding of the proceedings against him. -Sufficient ability to consult with counsel

Shock the conscience standard

developed in rochin v. CA

selective prosecution requirements

discriminatory impact discriminatory intent

USSC has original jurisdiction in...

disputes b/t federal government and a state disputes b/t states cases involving foreign ministers or ambassadors

curtilage 4 elements

distance, enclosure, function, protection

venue for prosecutions of federal crimes

district courts (single judge)

Individual's have ageneral right to privacy from undue interference, and , this general right is even greater when it concerns the individual's own home. (This counts whether the interference is from roving band of marauders and thieves or the government). To provide this protection, the Court

divided the home and the surrounding land into three separate categories: 1. Open fields 2. Curtilage 3. Home

5th Amendment

due process, grand jury, double jeopardy, self-incrimination

Total incorporation

entire BOR

Article III

establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.

material evidence (brady material)

evidence is material and must be disclosed to the defense when there is a reasonable probability that the outcome would have been different if the evidence had been produced.

Today, the main rule governing the lawfulness of searches and seizures is the

expectation of privacy test. Before this test, however, the Court generally followed a trespasser rule that required a physical intrusion by police into aperson's home or a physical examination of the person and/or his or herpossessions. This rule proved to be limited in light of technological changes not envisioned by the founders.

Substantive criminal law

factual elements specific criminal behaviors content of the rules

Collateral attack

filed by individuals who have been convicted and incarcerated and have exhausted their state appeals

the criminal justice system is

fragmented and interdependent

In 1996 congress raised the amoun-in-controversy for diversity jurisdiction from _____ to ______

from $10,000 to $75,000

elements of selective incorporation

fundamental rights application (applicable to all levels of government) federalism (states can design procedures in areas not incorporated)

Marbury v Madison (1803)

granted courts the power of judicial review

The Home

has the greatest amount of 4th Amendment Protection. In order to enter, generally the police will need a warrant. The issue then regards the government's use oftechnology to see inside the home. The general rule is that police may use technology to enhance what they see that is already in plain sight. So, the use of binoculars and aerial surveillance are okay.

General jurisdiction

have legal authority to decide all matter not specifically delegated to the lower courts

trial courts of general jurisdiction

hear more serious criminal and civil cases

Appallete court

hears cases on appeal from lower courts

4 constitutionally protected areas

house persons papers effects

Workload of magistrate judges

in 2015 handled approx. 1.09 million matters 350,000 felony preliminary proccedings 95,000 Misdemeanor and petty offenses 26,000 prisoners litigation cases 349,000 civil matters

The solicitor general's office generally requests Supreme Court Review only in cases with a high degree of significance and:

in which the government has a reasonable legal argument

Researches agree that the law on the books approaches to court delays issuing more and more rules and regulations are:

ineffective in speeding up case dispositions

major diff b/w Intermediate court of appeals and supreme court

intermediate court hears all the cases while supreme court choose their cases

Also in Boston, in 1761, about 63 Boston Merchants tried to challenge the legal authority for the Massachusetts Superior Court to

issue writs of assistance. In arguing for this case Boston Attorney, James Otis, stated: "One of the most essential branches of English Liberty is the freedom of one's house. [...] A man's house is his castle. [...] This writ, if it should bedeclared legal, would totally annihilate thisprivilege." He lost... But, starting in 1776, this view spread andgeneral warrants and writs of assistance began to bedeclared "illegal and void" across the country. In their place would be a warrant authorizing police to search for illegal contraband only in well defined places founded solely upon a finding of probable cause.

Most lawyers avoid representing criminal defendants because:

it produces few chances of victory

fruits of a crime

items involved in a crime

instrumentalities of crime

items used to carry out a crime

magistrate

lawyer appointed by a district court for 8 years

Crime Victims' Rights Act

legislation that provides support for crime victims during trials as well as post trial rights including notice prior to release of offenders

Statutory Law

legistlative branch is similar in that state and federal are different federal legislature - congress : House and senate (same true for state) federal and state statutes

Case load for Supreme Court

limits itself to 80 cases/year

Most trial courts of limited jurisdiction are funded an operated:

locally

roles/duties of defense attorneys

o Defendant has the sole authority to make certain decisions Whether to plead guilty or not guilty Accept or reject plea agreement Waive a jury trial Testify at trial Make a statement at sentencing -All other decisions about the defense strategy are left to the defense counsel - which motions to file, witnesses to call and how to question them, whether to hire experts, etc o Advise defendants on their options, and the pros and cons - but not to make decisions for the defendant

cases: right of self representation

o Faretta v california - Defendant must be mentally competent to conduct his defense o Indiana v Edwards - Defendant may be competent to stand trial but not to present his own defense

court cases shaping the right to counsel

o In re gault - Guarantees counsel for juvenile o Argersinger v Hamlin - Guarantees the right to counsel for misdemeanor cases where defendants faced incarceration o Scott v Illinois - Bright line rule for appointment of counsel when incarceration is penalty o Alabama v Shelton - Defendants cannot be sentenced to a suspended incarceration term if they were not provided the assistance of counsel

cases: effective assistance beyond trial

o Padilla v Kentucky - counsel must advise defendant of immigration consequences of a guilty plea o Missouri v Frye & Lafler v Cooper - held that the right to counsel applies to plea negotiations

writ of habeas corpus

o Petition by a prisoner challenging their confinement as unlawful o Cases on conditions of prison is not this, that will be filed as a civil case

florida court system

o Supreme Court o District Court of Appeals All matters not directly appealable to the SC o Circuit Courts Felonies Large claims o County Courts Misdemeanors Small claims

cases related to prosecutor ethics

o US v Armstrong - Defendant must show proof of prejudice o Buckley v Fitzsimmons - Immunity depends on the conduct/tasks in which the prosecutor is engaged o Santobello v NY - Plea bargain must be fulfilled o US v Agurs - Prosecutor has no constitutional duty to routinely deliver his entire file to defense. The omitted evidence must create a reasonable doubt of defendant's guilt o Smith v Cain - the 1 witness statement material to the determination of smith's guilt?

State of mind

objective (reasonable person standard) vs. subjective (like-minded person in same circumstances)

2 requirements of trespassory approach

physical intrusion scope of protection

Oliver v. United States (1984)

police had discovered that two individualshad been growing marijuana nearby one of the defendant's farm. The marijuanafield had been hidden from view, surrounded by trees and a fence, and it was notvisible to the general public. "No trespassing" signs, however, were visible. Did the defendants have a reasonable expectation of privacy? No. The marijuana field was considered to be anOpen Field. It didn't matter how much thefield had been kept private from the general public. Open fields are simply not protected by the 4th Amendment.

Lower courts

process felony cases but cant find defendant guilty or innocent/cant sentence

Major courts

responsible for final phase of felony prosecution-charge crimes and sentence

Judicial Review

review by the US Supreme Court of the constitutional validity of a legislative act.

US Constitution

roots in the enlightenment era of philosophy (Rousseau, Locke) product of previous attempt of social contracts BOR: expanded ideas to give us most important part of the constitution in terms of criminal process -first ten amendments BUT not all apply to criminal procedure legislative, executive, judicial

Persuasive authority

sources of law that the court consults in deciding a case but need not apply when reaching its conclusion

6th Amendment

speedy and public trial by an impartial jury, know the nature and cause of the accusation, confront witnesses, appointed counsel not solely concerned with a fair trial, but also protecting a properly functioning adversarial system

To understand "Incorporation" you must first understand

that the federal and state governments are separate sovereign entities, and more importantly that the Bill of Rights (as it was originally written) only applied to the Federal Government...

The Solicitor General is?

the 3rd highest ranking official of the Justice Department

Result of colonists being afraid of the power of centralized authority?

the Bill of Rights was forced to be adopted along with the original articles of the constitution as a fail-safe mechanism to protect individual rights.

high customs duties

the grounds which eventually led to the Boston Tea Party.

prosecutorial discretion

the prosecutor's authority to decide whether to bring a case to trial or to dismiss it outright, what charges to file. if charging, information is filed decide whether to offer plea and terms

right of self representation

the right to proceed without counsel and represent oneself in a criminal trial (pro se) (6th am) Faretta v California- must be competent to conduct his defense

centralized administration

the state supreme court, working through court administrators, provides leadership for the state court system

Kyllo v U.S

thermal imagers are a violation of 4th amendment rights weed

why were the model codes created

to set standards for street encounters b/t police and citizens prior to arrest

Stare Decisis

to stand by things decided Once something has been decided by a court, courts in future cases presiding over the same issue may decide in a similar way

CA v. Greenwood

trash bags ruled as abandoned property

The prosecutor must show probable cause at the preliminary hearing in order to establish that the defendant was involved in the crime.

true

Subject Matter Jurisdiction

types of cases courts have been authorized to hear and decide

State High Court of Last Resort

ultimate review board for matter involving interpretation of state law; only get to choose few cases which tend to be broad legal interpretation

nolle prosequi

we will not prosecute motion to dismiss the case/complaint

After american revolution,the governing powers of the state courts

were drastically reduced and taken over by the legislative bodies

ineffective assistance of counsel

when a defense counsel's performance was deficient and that deficient resulted in prejudice to the defendant. 2 prong test. Strickland v Washnigton

US v. White

when you communicate with others, you assume the risk that the information might be revealed