PRL 160- exam 3

Felony

- a crime for which a defendant faces a possible penalty of more than one year of incarceration.

Use immunity

- a type of legal protection provided by prosecutors, whereby they agree not to use any of a witness's testimony ( or evidence derived therefrom) against that witness in a criminal case. They won't use evidence against you even though you're being charged

Consent search

- an exception to the warrant; allows police to conduct searches with permission.

Fact bargaining

- facts that will be recited or included by the prosecutor as a basis for the resulting charge.

Charge bargaining

- the charged to which the defendant will plead. (Murder, manslaughter, homicide.)

Sentence bargaining

- type of sentence received; must be approved by judge (punishment, 20 years, 5 years, etc)

order of arrest

-Arrest -Preliminary hearing -Grand jury -Indictment -Arraignment

Preliminary hearing (probable cause hearing)

A court hearing to determine whether the government has probable cause to maintain the current criminal charges.

Arraignment - know what takes place

A court hearing where the defendant is informed of criminal charges and has an opportunity to respond to the charges by entering a plea. There are 2 main functions of an arraignment. The 1st is to inform defendants of the criminal charges filed against them. Typically, the judge will verbally state the charges in open court or ask defendants if they have received a copy of the complaint or indictment. The 2nd function is to afford the defendant an opportunity to respond to the charges by entering a plea to the charges.

Summons

A court order for a person to appear in court or other official proceeding.

bill of particulars

A document provided by a prosecutor that offers more specific information about the government's criminal charge. (details - who, where, when)

Citation

A document used to cite someone with a criminal or traffic offense; also known as a ticket; usually used to charge a person with a minor criminal offense.

statute of limitations

A law that sets a maximum time period following the alleged criminal act within which prosecutors may bring criminal charges for the office. (time limit)

Katz test

A legal standard used to assess reasonable expectation of privacy; supports notion that persons must manifest a subjective expectation of privacy in the object of the challenged search

legal standard totality of the circumstances

A legal standard used to measure the constitutionality of many searches and seizures; considers the overall context of the detention or search, including what actions and words the officer used, the location of the detention, and the length of the stop

Curtilage and the open fields doctrine

A legal theory that holds that places outside the curtilage of a home (the immediate, enclosed area surrounding a house or dwelling) are generally held out to the public; used to judge a person's reasonable expectation of privacy

Alford plea

A plea allowed in rare cases by which defendants maintain their innocence but acknowledge that they will likely be found guilty of the charged offense; results in a guilty finding by the trial court

Terry stop

A police technique employed during investigatory detentions, whereby person detained is patted down for weapons. (stop and frisk)

Kastigar hearing

A proceeding to determine whether law enforcement officers improperly obtained evidence from a witness's immunized testimony.

wingspan rule

A rule under the search incident to a lawful arrest exception; allows police to search the immediate area around an arrested person.

Franks hearing

A type of hearing to determine whether a search warrant was supported by probable cause or based on falsities or misrepresentations of the truth.

affidavit

A written statement of facts made under oath by a witness.

Leon rule

An exception to the exclusionary rule that allows the fruits of a search based on an invalid warrant to be admitted if the executing officer reasonably believed the warrant was valid.

deposition

An out-of-court proceeding under oath wherein witnesses are asked questions and give answers relevant to a pending cause.

charging documents

Criminal complaint, indictment, information, citation

Jencks Act

Federal law that requires prosecutors to provide defendants with verbatim statements or reports made by government witnesses

Giglio material

Information that might impeach the character or testimony of the prosecutor's witness during a criminal trial. Ex: Abbi is convicted of murdering someone. Jay who is also her boyfriend, is used as a witness. Both Abbi and Jay were drunk and high during the accident so Jay would be impeached.

exculpatory evidence

Items or information that might lead to the defendant's exoneration. Shows any innocence.

Brady Rule

Legal rule that requires prosecutors to disclose exculpatory evidence to the defendant.

Know what a defendant or prosecutor files to change the terms of a bond.

Motion to modify bond- a petition files with the court asking for a change in the current conditions of the defendant's bond.

When does the seizure of a person occur

Police use a force or the threat of force to detain a person, thereby causing the person to reasonably believe that he or she cannot freely leave. (ex- getting pulled over at a traffic light)

motion in limine

Request for a trial court to limit the opposing party from introducing evidence that, even though factually accurate and lawfully obtained, is irrelevant or unfairly prejudicial to a party or witness. (limine = limiting)

motion to suppress

Request to a trial court to bar the prosecutor from introducing evidence that was allegedly obtained unlawfully by law enforcement officials.

Fourth amendment.

Search and seizure clause- fourth amendment provision barring government from engaging in unreasonable searches and seizures of persons, houses, papers, and effects

What is the purpose for a subpoena duces tecum in grand jury proceedings?

Subpoena duces tectum- subpoena that commands a person to bring certain documents or other evidence for the party's or court's review. Helps prove probable cause. (physical evidence)

the return on a warrant

The last section of a warrant, where an officer provides an accounting of when the search was conducted and what evidence was seized

probable cause

The legal standard for making an arrest; requires the arresting officer to have articulable facts that would make a responsible person believe that the suspect committed a crime

discovery

The pretrial process by which the prosecutor and the defendant exchange information and evidence about their respective cases

to impeach a witness

To challenge the credibility of a witness or piece of evidence. (Giglio material)

difference between true bill and no bill in grand jury proceedings

True bill- another name for an indictment. Enough evidence to go forward. No bill- an indication that the grand jury is not issuing an indictment in a case; also known as no true bill. Not enough evidence to go forward.

Misdemeanor

a criminal offense for which a person faces a year or less of incarceration

Exclusionary rule

a legal doctrine that requires illegally seized evidence from governmental use during trial.

Transactional immunity

a type of legal protection provided by prosecutors, whereby they assure witnesses that they will not be prosecuted for any transaction or event that they discuss during their testimony. You are not being charged and evidence will not be used against you In most situations where a prosecutor offers immunity to witnesses in exchange for their testimony, it comes in the form of use immunity. Most prosecutors are reluctant to offer transactional immunity to witnesses because it allows a witness to be immunized from prosecution for any event or transaction mentioned during the witness's testimony.

Exigent circumstances exception

an exception to the warrant requirement; allows law enforcement to conduct warrantless searches when there is a need to apprehend a dangerous person or prevent serious threat.

Plain view doctrine

an exception to the warrant requirements for searches; allows police to seize evidence exception is plainly in view.

Evanescent evidence exception

an exigent circumstances situation that allows police to perform warrantless seizures of evidence that may be destroyed or evaporate.

Hot-pursuit rule

an exigent circumstances situation that allows police to pursue fleeing suspects without a warrant.

Information

an instrument similar to an indictment; used by prosecutors in some jurisdiction to directly charge a person without grand jury review.

Know the different parts of a warrant

application for a search warrant -affidavit -execution -return

Plea bargaining

defendant will enter, guilty, not guilty, nothing.

Indictment

issued by grand jury

Count bargaining

the number of charges to which the defendant will plead. (3 counts of murder)