CJL4410 - Criminal Procedure, 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
Seizure of persons
"a law enforcement officer detains an individual and restricts his or her freedom of movement." The following circumstances might indicate that a seizure has occurred: - Threatening presence of several officers - Display of weapon - Physical touching - Use of specific language or tone of voice indicating that compliance might be compelled...
Exclusionary Rule
"provides that evidence obtained as a result of a violation of the 4th Amendment prohibition on unreasonable searches and seizures is inadmissible in a criminal prosecution to establish a defendant's guilt."
Objective Test
"whether the police conduct revealed in the particular case falls below standards to which common feelings respond, for the proper use of government power." Any police tactics that resort to: (1) taking advantage of the accused or (2) trying to entice them into doing something which they might not otherwise do, would not be allowed. *MINORITY OPINION*
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.
Biding Authority
- "Source of law that a judge must evaluate when making a decision in a case."
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."
Federal Judicial System
- 1 Federal Supreme Court Highest Level - 12 Regional Circuit Courts (including DC) Intermediate Level - 94 Federal District Courts Lowest Level
Due Process
- 5th Amendment - "deprived of life, liberty, or property, without due process of law." - 14th Amendment - "nor shall any state deprive any person of life, liberty, or property, without die process of law."
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.
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.
Making the Determination for Reasonable Suspicion
- Criminal Activity - Time - Location - Criminal Record - Evasion - Noncooperation - Nervousness *Totality of the Circumstances*
Direct observations
- Direct observations - Statements - Seizure of evidence - Smell Beck v. Ohio - a known criminal record will satisfy reasonable suspicion, but not probable cause, without other facts (above)
Different Judicial Approaches to Deciding Cases
- Federalism - Federal power vs. State power - Precedent - Usually controls, but some judges may differ in how far they are willing to deviate - Bright-line rules - Abstract general rule for police to follow vs. specific rule to the case - Police power - Based on a judge's level of trust in police conduct - State of mind - Objective (reasonable person) standard vs. Subjective (like-person in the same circumstances) standard -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. - Separation of powers - Based on the willingness of judges to overrule legislators decisions as constitutional or not - Consensus - Based on the willingness of judges to have a consensus among other judges on the court before deciding - Psychology - Based on the judge's own individual experiences and background.
Criminal Law
- Focus in on specific criminal behaviors - Requires specific elements 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.
Sentencing
- Following a criminal conviction, the judge holds a sentencing hearing to determine the defendant's punishment.
Post Arrest Investigation
- Following the individual's arrest, the police may continue to engage in investigative activities in order to gather evidence of the suspect's guilt.
Methods of Incorporation
- Fundamental Fairness - Case by case basis whether the right is "fundamental to the concept of ordered liberty" and should apply to the states. - 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. - Selective Incorporation (and +) - Only particular rights should apply, and some additional rights not in the bill of rights should apply
Trial
- If the defendant refuses to plead guilty, they are guaranteed a jury or judge trial.
Balancing Security and Rights
- Individuals are granted constitutional rights that cover many different areas to include an individual's right to be free from unlawful 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 often conflict; so, a careful balancing act must be maintained.
Arrest
- Once probable cause has been established that a crime has been committed, the police are authorized to make an arrest of an individual and place them in custody.
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
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.
Search Warrants
- Search warrants must be issued by a neutral judge or magistrate - Upon a finding of probable cause - Supported by a sworn affidavit
State Constitutions and Courts
- Similar to the federal system, states will have their own constitution, and state judges will have the same power of interpretation over their state's constitution as the Supreme Court has over the US Constitution
Post Arrest
- This phase involves recording information regarding the arrestee and inventorying his or her possessions.
8th Amendment
- excessive bail - excessive fines - cruel and unusual punishments
5th Amendment
- indictment of a grand jury - twice put in jeopardy - shall be compelled in any criminal case to be a witness against himself - due process of law
6th Amendment
- speedy and public trial - impartial jury - informed of the nature and cause of the accusation - confronted with the witnesses against him - obtaining witnesses in his favor - assistance of counsel
4th Amendment
- unreasonable searches and seizures - warrants
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
Fundamental Fairness
A right will be deemed fundamental if: - The right is of the "very essence of the scheme of 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."
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 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
Aguilar-Spinelli Test
Aguilar v. Texas "probable cause may be based on the hearsay report of an informant so long as the veracity prong and the basis-of-knowledge prong are satisfied by the information." Veracity Prong - requires the police to demonstrate that the informant's information is accurate Basis-of-Knowledge Prong - requires the police to indicate how the informant obtained their information Spinelli v. US This case held that even if the informant's information fails the test established in Aguilar, the police may be able to bolster that information if they can provide any corroborating information that supports the informant's tip.
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
Misdemeanor Arrests and Citations
Atwater v. Lago Vista "police should not be placed in the position of having to distinguish in the heat of the moment between offenses that permit an arrest and offenses that require a citation." Bright-line rule - "If an officer has probable cause to believe that an individual has committed even a very minor criminal offense in his presence, he may arrest the offender."
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."
Exceptions to the Exclusionary Rule
Calandra v. US exclusionary rule is a "judicially created remedy designed to safeguard 4th Amendment rights generally through its deterrent effect rather than a personal constitutional right" Exceptions: 1. Collateral proceedings 2. Attenuation 3. Good faith 4. Independent Source 5. Inevitable discovery AND 6. Impeachment
Probable Cause
Carroll v. United States "officers possess probable cause for an arrest where the facts and circumstances within their knowledge and of which they have reasonable trustworthy information are sufficient to warrant a person of reasonable caution to believe that an offense has been or is being committed. Determination that a specific suspect is: (a) more likely than not to have committed a crime based on an evaluation of (b) the totality of the circumstances, which may include (c) direct observations and/or (d) reasonably reliable information
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
Invoking and Waiving Miranda
Davis v. United States The individual must articulate this wish "sufficiently clear that a reasonable police officer in the circumstances would understand..." Berghuis v. Thompkins hold that "an accused who wants to invoke his right to silence is required 'to do so unambiguously.'"
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.
Reasonable suspicion
Establish in Terry v. Ohio - Reasonable suspicion is essentially a balancing act of the police officer to consider the need for "swift action" to investigate and detect whether a crime has occurred against the "modest intrusion" on the individual's right to privacy
Marbury v. Madison
Established Judicial Review
Expectation of Privacy
Established in Katz v. US - 4th Amendment "protect people, not places" - "what a person knowingly exposes to the public is not a subject of 4th Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected." Katz's two-part test: 1. The individual must exhibit a personal expectation of privacy AND 2. Society must recognize this expectation as reasonable
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
The scope of a consent search
Florida v. Jimeno "the standard for measuring the scope of a suspect's consent ... is that of 'objective reasonableness - what would the typical reasonable person have understood by the exchange between the officer and the subject?'"
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.
Totality of the Circumstances
Illinois v. Gates Aguilar = "relevant considerations" to determine the existence of probable cause - probable cause only requires a "fair probability" of accuracy
Third-party consent
Illinois v. Rodriguez consent may exist if: 1. It is given by an individual "who possesses common authority over the premises to be searched" OR 2. if police "reasonably rely on consent from an individual who, in fact, lacks common authority." common authority = "mutual use of the property by ... having joint access or control for most purposes."
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
The Identification Process
In order to counter pitfalls and increase the accuracy of the identification process - and in order to eliminate the possibility of undue influence or pressure by the police to identify a specific suspect - police should follow procedures: - Blind Administration - Single Eyewitness - Sequential presentation - Distinctive features
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
Particularity of "Things" and scope of the search
Marron v. US "this is intended to inform the police of the objects that are to be seized, to insure that the police do not conduct a general or dragnet search ... and to insure that nothing is left to the discretion of the officers executing the warrant." Groh v. Ramirez the failure to particularly describe the objects to be seized in the warrant was "obviously deficient" and resulted in an unconstitutional search Bottom line: Make sure the items are described as accurately as possible and differentiated as reasonably as possible from items not to be seized. US v. Ross The search can extend to "the entire area in which the objects of the search may be found and is not limited by the possibility that separate acts of entry or opening may be required to complete the search."
First drug court was in
Miami
Exigent Circumstances for Warrantless Arrest in the Home
Mincey v. Arizona - situations that "make the needs of law enforcement so compelling that the warrantless search is objectively reasonable" - have probable cause, and they do not have time to get a warrant 1. Hot Pursuit 2. Public Safety 3. Destruction of Evidence 4. Flight 5. Emergency Assistance
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
Terry Stop
Reasonable suspicion required "A Terry Stop may be challenged as unlawful when a suspect is treated as if he or she is being subjected to a probable cause arrest." As such, whether one is being subjected to an unlawful Terry Stop depends on the following factors: 1. Movement 2. Length of Detention AND 3. Intrusiveness
Post Arrest
Recording information regarding the arrestee and inventorying his or her possessions
Voluntariness Test
Rex v. Warickshall In order for a confession to be admissible it must not have been obtained through: 1. The "threat or application of force" 2. A "false promise not to prosecute" OR 3. A "promise of lenient treatment"
Interrogations
Rhode Island v. Innis An interrogation involves either: 1. Express questioning 2. Functional equivalent
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
6th Amendment Right to Counsel
Rothgery v. Gillespie County the defendant's right to counsel formally attaches upon their "initial appearance before a judicial officer" which can be no later than 48 hours after their arrest Before this time, they are protected from any unlawful interrogations under Escobedo After this time, their lawyer must be present at every single critical stage of the prosecution, which is considered to be "any phase of the prosecution that any negatively impact the defendant's ability to present a defense at trial."
Model Code of Pretrial Procedure
Rules created by a group of influential lawyers, academics, and judges on how pretrial issues should flow
Consent Searches
Schneckloth v. Bustamonte - if an individual gives their consent, they waive their right to privacy under the 4th Amendment, and the police may search even in areas they would not be able to without a warrant
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.
Entrapment
Sorrells v. US "conception of an offense by an officer, and the procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer." Sherman v. US "a line must be drawn between the trap for the unwary innocent and the trap for the unwary criminal"
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
Issues regarding consent
State v. Tye - Consent must be "unequivocal and specific" - Police may not make threats to obtain a warrant - Police may not threaten to take someone's children away unless they consent - Police may not use trickery to gain access
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
Deadly Force and Arrests
Tennessee v. Garner "The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than they escape." Deadly force may only be used when: 1. The suspect "threatens the officer with a weapon" OR 2. An officer has probably cause to believe that the suspect has "committed a crime involving the infliction of serious physical harm."
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
Initial Appearance
The initial appearance has several purposes: 1. Criminal charges 2. Constitutional rights 3. Pretrial release 4. Attorney 5. Enter Plea
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
Subjective Test
The subjective test asks "but for the actions of the government, would the accused have broken the law?" This test has two steps: 1. To determine whether the government induced the crime AND 2. To evaluate whether the defendant possessed a "predisposition" to commit the crime with which they are charged *MAJORITY OPINION*
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.
False Confession
There were several factors to include: 1. Police Bias 2. Age and Intelligence 3. Misleading remarks and false evidence 4. Lengthy interrogation
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.
Eyewitness Identifications
To identify a suspect the police will generally use one of the following methods: 1. Lineups 2. Showups 3. Photographic Identification 4. Scientific Identification One of the least reliable forms of evidence!
Particularity of "Location"
To obtain a valid search warrant - and to ensure the right place is searched - police must be able to: - Identify the place to be searched from the search warrant - Described with a "reasonable particularity" that - Enables them to locate the area with "reasonable effort" and - Reduces the possibility of searching the wrong premises
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
Prosecutorial Discretion
Wayte v. US "so long as the prosecution has probable cause to believe that the accused has committed an offense defined by statutes, the decision whether or not to prosecute, and what charge ... generally rests entirely in his discretion."
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.
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