Criminal Courts- Exam 1
What amendment to the constitution provides for probable cause?
4th amendment
About how many Supreme Court decisions are made in a year?
85 or less
How long can a police officer detain a motorist while waiting for a k-9 before it goes from a Terry stop to a full blown arrest?
A reasonable amount of time
What case ended racial discrimination during jury selection for the prosecution?
Batson v. Kentucky
What case ended racial discrimination during jury selection for the defense?
McCollum v. Georgia
Where are ordinance violations tried?
Municipal court
The 2 parts of the definition of Brady Material
1. "Tends to negate the guilt of the accused" 2. "Mitigates the sentence of the defendant"
What are the 4 ways a defendant can make bond?
1. Bail bondsman 2. Cash bond 3. Property bond 4. Sign-on bond
What are 3 exceptions to hearsay?
1. Statements against interest- defendant's statements 2. Dying declarations 3. Child hearsay exception
What are the 5 parts of a Miranda warning?
1. You have the right to remain silent 2. Anything you say can and will be used against you in a court of law 3. You have the right to an attorney 4. If you cannot afford one, one will be appointed to you 5. Do you understand these rights? With these rights in mind, do you wish to speak to me?
What is the name of the plea that can be entered if the defendant doesn't want to show up in front of the court?
Allford plea
How do you get to be on the U.S. Supreme Court?
Appointed by the US president, approved by the Senate
What is the first hearing before a judge when a defendant can enter a plea?
Arraignment hearing
What is the standard of proof a police officer must have to detain an individual?
Articulate reasonable suspicion
Which justice is from Georgia and is the most conservative?
Associate Justice Clarence Thomas
Which Supreme Court Justice is the only one who has served as a public defender?
Associate Justice Ketanji Brown Jackson
Who is the only Latino Supreme Court Justice
Associate Justice Sonia Sotomayor
Why does the prosecution present evidence first in the case?
Because they have the burden of proof
When is a police officer required to give Miranda warnings?
Before interrogation
Which Georgia criminal statute criminalized oral sex between consenting adults?
Bowers v. Hardwick (1986)
Which Supreme Court case reversed Plessy v. Ferguson?
Brown v. the Board of Education (1954)
Which Supreme Court decision upheld the forced sterilization of women?
Buck v. Bell (1927)
Giglio v. U.S. requires the prosecution to turn over evidence that can be used by a witness to do what?
Can by used by impeachment for the defense
In a misdemeanor case, what is the document filed to the clerk by the prosecutor?
Charging document?
What kinds of motions are filed at the arraignment by both sides to get information?
Discovery motions
What is the first court of appellate review for cases of murder?
Court of appeals?
What must the government provide the suspect during a preliminary hearing?
Defense?
What amendment to the constitution doesn't apply to the parallel system?
Double jeopardy (clause in the 5th amendment)
Which Supreme Court decision is considered by many to be the worst decision because it led to the civil war?
Dred Scott v. Sandord (1857)
What is the defendant required to do during the arraignment hearing?
Enter a plea?
What are the 2 parallel justice systems?
Federal and State
Range of a felony punishment and where felonies are tried (in NC)
Felony = A crime where the punishment is between 1 year- death penalty Superior Court
What amendment says that defendants don't have to testify & what kind of cases does this apply to?
Fifth amendment,
What is the first hearing in a case called and what 3 things happen during this hearing?
First appearance hearing; 1. Defendant is read the charges against them 2. Defendant is read their rights 3. Defendant is asked if they can afford a lawyer
What is the first court of appellate review for cases of robbery?
Fourth Circuit Court of Appeals?
What is the standard of proof for a criminal conviction that the prosecution must prove?
Guilty beyond a reasonable doubt
What are out of court statements made in court to prove the truth of the matter asserted?
Hearsay
In a misdemeanor case, what is the piece of paper from the grand jury called?
Indictment (true bill/no bill)
What is not a proper verdict in a criminal case?
Innocent
Who is the Chief Justice of the Supreme Court?
John G. Roberts
Where are juvenile cases tried in NC
Juvenile court?
Japanese internment Supreme Court case
Korematsu v. United States (1944)
What motion is made by the defense if they believe the prosecution hasn't proven their case
Lack of proof motion (leads to a directed verdict from a judge, if granted)
Definition of a misdemeanor and where a misdemeanor is tried (in NC)
Misdemeanor = A crime where the punishment is between 0-12 months Municipal or District court
What motion is filed by the defense attorney to try to keep evidence from the jury?
Motions to suppress
What is the standard of proof a police officer must have to engage in a conversation with a person?
None?
What was the last state to end the practice of the forced sterilization of women?
North Carolina
Which Supreme Court decision upheld segregation?
Plessy v. Ferguson (1896)
3 main components of the criminal justice system
Police, courts, and corrections
What is the hearing following the first appearance hearing?
Preliminary hearing (or probable cause hearing)
What is the standard of proof the judge must find in the preliminary hearing in order for the case to move forward?
Probable cause
What standard of proof must there be for an arrest/search and seizure?
Probable cause
What is the standard of proof in the grand jury hearing?
Probable cause (but the DA can raise this standard)
Prosecution and defense can no longer engage in what during jury selection?
Racial discrimination
Last names of all U.S. Supreme Court Justices
Roberts, Thomas, Alito, Sotomayor, Kagan, Kavanaugh, Coney Barrett, Gorsuch, Brown Jackson
Which Supreme Court case gave an exception to the standard of proof required of police officers to detain an individual?
Terry v. Ohio
In NC, all cases must be reviewed by what body before moving onto the next stage?
The grand jury
Which NC court circuit is Sylva in?
Western Judicial District Court