Criminal Procedure: Exam 1

Notes: -at indictment or information judges determine whether or not state has shown enough probable cause to send a defendant to trial or move forward in the case -judge doesn't want to sign off on questionable cases 8) arraignment - phase in CJ process where accused brought in front of judge for formal charges and defendant gives plea 9) plea - guilty, not guilty, nolo contendere (no contest - basically guilty plea), stand must (not guilty - assumption of innocence), and Alford plea (in United States law, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence. In entering an Alford plea, the defendant admits that the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt) - West Memphis Three The Exclusionary Rule is not applicable in all 4th Amendment proceedings and also in (1) police violations of the knock-and-announce rule, (2) in searches by private person, (3) grand jury investigations, (4) as part of the sentencing determination, (5) arrests based on probable cause that violate state law, (6) violations of agency rules, (7) noncriminal proceedings, and (8) parole revocation hearings

*

Notes: 2) Booking. administrative process that documents a person's entry into the CJ system/process. done incorrectly violation of rights; pictures and prints 3) bail. can either be released right away with bail or release on own recognizance - must show up. diversion can also take place and is a common part of this process w. rehab or education; can occur at any point and up to court 4) initial appearance- state required to bring a person accused of a crime in front of a judge in _____-______ hrs after initial arrest or let them go 5) preliminary hearing- go in front of a judge and state must demonstrate if there is probable cause and case should move forward - defense doesn't have to say anything, depicts rights, probable cause, and charges, prosecution must show facts to est. probable cause 6) determination of formal charges - not the same thing as initial charges when a person is first put under arrest, presented to defense and prosecution and formal charges different than charges arrested for as it may be reduced w/ _______ ________ 7) Indictment or information - prosecutor's information or indictment by grand jury; from hearing to prosecuting mode. prosecutor's information- information to est probable cause - prosecutor's backed by the state - charging document as it contains the evidence states believes necessary to go forward. Indictment can be found over w/ grand jury process which is less common. in panel, meet when there is need for the development of facts in a particular case and they produce an indictment, have subpoena power, produces two bills - 1) true bill also referred to as an indictment - believes committed crime and continue with case & 2) no bill where prosecutor failed to est probable cause

12, 72, plea bargaining

Notes: -no federal rights are automatically applied if in one way or another violates a person's rights to procedural and substantive due process -_____ _______- right to assembly, religion, petition, press, and speech -_______ v. _______- is a landmark United States Supreme Court case in which the Court unanimously held that in criminal cases states are required under the Sixth Amendment of the U.S. Constitution to provide an attorney to defendants who are unable to afford their own attorneys. The case extended the right to counsel, which had been found under the Fifth and Sixth Amendments to impose requirements on the federal government, by imposing those requirements upon the states as well -_____ v. _______- the Supreme Court overturned a conviction obtained under the Kansas Criminal Syndicalism Act on the ground that application of the law violated the due process clause of the 14th Amendment, which applied First Amendment freedom of speech to the states. The Kansas law had made it a crime to advocate crime or acts of violence to effect industrial or political revolution. -________- Supreme Court sends case back to state court for it to be remedied -______- poor, no means of support, right to be represented -early on when cases being decided, state and federal laws were not necessarily the same

1st Amendment, Gideon v. Wainwright, Fiske v. Kansas, remand, indigent

Notes: -Amendments: -______- no unreasonable searches and seizures (arrests) -______- protection against self-incrimination, double jeopardy, Miranda warning, due process -______- right to counsel, speedy trial, public trial, confront accuser -______- no cruel and unusual punishment, fair bail -______- Due Process, equal protection under the law -constitution does not guarantee a right to bail but fair bail -5th and 14th devoted to insuring that procedures related to a case were/are constitutionally correct - due process - often cited together -substantive laws written in such a way in where it is vague or unconstitutional - Chimel v. California

4th, 5th, 6th, 8th, 14th

Vocab Chapter 2: -________- the appearance of an accused in court where he or she is informed of the charges and asked to plead -______- a warrant issued by the court for an officer to take a defendant into custody -_____- an accused's response in court to the indictment or information -_____ ______ ____- a plea of "no contest" -______ ______- when the accused refuses to enter a plea. The court will enter a not guilty plea on behalf of the accused -______ _____- a plea in which the defendant claims innocence yet pleads guilty for other reasons -____ ______- defendant agrees to plead guilty in exchange for a lower charge, a lower sentence, or other considerations -______- a group of prospective jurors assembled according to procedures established by law -_____ _____- a process in which prospective jurors are questioned to determine whether there are grounds for challenge -_______ ___ ______- a challenge for the dismissal of a juror based on causes specified by law -________ _______- the dismissal of a prospective juror for reasons that need not be stated -_______ _______- evidence presented to destroy the credibility of witnesses or any evidence presented by the other side in a case

Arraignment, capias, plea, nolo contendere plea, standing mute, Alford plea, plea bargain, venire, voir dire, challenge for cause, peremptory challenge, rebuttal evidence

Vocab Chapter 2: -______- the security required by the court and given by the accused to ensure the accused's attendance in court at a specified time -________ ________- detaining a person in jail w/o bail with the purpose of preventing them from committing additional crimes -_______ ____ ________- the release of a person without monetary bail -_______ _______- a hearing held before a judge or magistrate within a reasonably short time after arrest -_______- the procedure used in a case to obtain information from the other party -________ _______- which tends to establish the defendant did not commit the crime charged -______ ______ _______- a motion seeking dismissal of charges -________- a written accusation of a crime filed by a grand jury -_______- a criminal charge filed by the prosecutor without the intervention of a grand jury -______ _____- a jury that usually determine whether a person should be charged with an offense -_____ ___ ________- a written accusation of a crime submitted to the grand jury by the prosecutor

Bail, preventive detention, release on recognizance, preliminary hearing, discovery, exculpatory evidence, nolle prosequi motion, indictment, information, grand jury, bill of indictment

Notes: -during Justice Revolution - chief justice Warren and President Johnson were sensitive to civil rights -_______ v. _______ ___ _______- as a landmark decision of the U.S. Supreme Court in which the Court ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality. Handed down on May 17, 1954, the Court's unanimous (9-0) decision stated that "separate educational facilities are inherently unequal", and therefore violate the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. However, the decision's 14 pages did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision in Brown II (349 U.S. 294 (1955)) only ordered states to desegregate "with all deliberate speed". -important things during _______ court- reform bills passed, President Johnson behind these changes -Crime criminality and CJ system studied - endorsed by Johnson - 7 Major objective and focused great deal on poverty and crime, and agencies impacted by these changes (corrections, courts, LE) -Corrections, courts, and LE work better as a system than individual research in each other

Brown v. Board of Education, Warren

-_______ ______ _______- Nix v. Williams 1984; is a decision by the United States Supreme Court that clarifies what constitutes "waiver" of the right to counsel for the purposes of the Sixth Amendment. Under Miranda v. Arizona, evidence obtained by police during interrogation of a suspect before he has been read his Miranda rights is inadmissible. Here, however, the defendant had been indicted in court and had asserted his desire to have counsel, thus his Sixth Amendment right to counsel had attached. At issue was whether a voluntary admission of incriminating facts in response to police statements made while the defendant was in custody and outside the presence of his lawyer constituted a waiver of this right to counsel. -_______ v. _______- The evidence seized incident to arrest is admissible. The officer's discovery of a valid, pre-existing, and untainted arrest warrant attenuated the connection between the unconstitutional investigatory stop and the evidence seized incident to a lawful arrest.; was a case in which the Supreme Court of the United States limited the scope of the Fourth Amendment's exclusionary rule. -________ v. ______- although evidence discovered during an illegal entry into an apartment was excluded, evidence later found in the apartment with a warrant obtained with information totally unconnected with the illegal entry was admissible under the harmless error doctrine -______ v. ______- was a United States Supreme Court case in which the Court established the "good faith" exception to the Fourth Amendment exclusionary rule

Christian Burial Speech, Utah v. Strieff, Segura v. US, US v. Leon

Notes: -the foundation of criminal procedure is the _______ and the _______ ____ ______ -_______ most impact in cases - plea bargaining, charges, continue case -truth will merge from two sides debating in court - adversarial process -state has upper hands in cases (prosecutor) as they have the power of the state behind them -due process model is the best offer -about _____% of cases that go to trial and most defendants have a court appointed attorney -appellate courts- screen cases to see which cases have merit to move on - see if they have standing (do/do not have the legal basis for the claims you are making) -plea bargaining process goes around the court process -most cases end w/ plea bargaining - guilty plea for lesser charges -90% of cases don't go to trial - goes against adversarial system -______ ______- is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. -______ _____- s a major branch of the law. In common law legal systems such as England and Wales and the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism)

Constitution, Bill of Rights, prosecutor, 10, criminal law, civil law

Vocab Chapter 2: -________ _______- the process followed by the police and the courts in the apprehension and punishment of criminals -______- a charge made before a law enforcement or judicial officer alleging the commission of a criminal offense -______- the taking of a person into custody for the purpose of criminal prosecution or interrogation -_______- an order issued by a court or law enforcement officer requiring a person to appear in court at a specified date to answer certain charges -______- a writ directed to the sheriff or other officer requiring the officer to notify a person he or she must appear in court on a day named and answer the complaint -_____ ______- a process issued by the court for the attachment of arrest of a person -_______- making an entry in the police blotter indicating a suspect's name, the time of arrest, and the offense involved -_______ _______- the warnings about the right against self-incrimination and the right to counsel that must be given to a person who is under custodial interrogation

Criminal procedure, complaint, arrest, citation, summons, bench warrant, booking, Miranda warnings

Notes: -___ ____ _____- was a decision by the United States Supreme Court involving the application of the right of due process in state court proceedings. The Sixth Amendment in the Bill of Rights states that criminal prosecutions require the defendant "... to be informed of the nature and cause of the accusation...and to have the Assistance of Counsel for his defence." In this case, a witness in a Michigan grand jury hearing was convicted and sentenced to jail without either notice or attorney assistance -_______ v. ________- was a decision by the Supreme Court of the United States. The Court unanimously held that, when a police officer who is conducting a lawful patdown search for weapons feels something that plainly is contraband, the object may be seized even though it is not a weapon. By a 6-to-3 vote, however, the court held that the officer in this case had gone beyond the limits of a lawful patdown search before he could determine that the object was contraband, making the search and the subsequent seizure unlawful under the Fourth Amendment. -_______ v. ________- is a United States Supreme Court case in which the Court determined that when a defendant enters into a plea bargain, they waive their Sixth Amendment right to a trial by jury. A defendant may not waive this Constitutional right unless he does so knowingly, voluntarily and intelligently. The defendant was an African-American charged with robbery, which carried a death sentence in Alabama at the time. He pled guilty -_____ _______ v. _______- as a case in which the Supreme Court of the United States affirmed that there are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty while still protesting his innocence under duress as a detainee status. This type of plea has become known as an Alford plea, differing slightly from the nolo contendere plea in which the defendant agrees to being sentenced for the crime, but does not admit guilt. Alford died in prison in 1975

In re Oliver, Minnesota v. Dickerson, Boykin v. Alabama, North Carolina v. Alford

Companion Cases: 4th - _____ v. ______ - was a landmark decision of the U.S. Supreme Court in which the Court ruled that the exclusionary rule, which prevents prosecutors from using evidence in court that was obtained by violating the Fourth Amendment to the U.S. Constitution, applies not only to the U.S. federal government, but also to the U.S. states. unreasonable searches and seizures 5th - _______ v. _______ - was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Fifth Amendment to the U.S. Constitution restricts prosecutors from using a person's statements made in response to interrogation in police custody as evidence at their trial unless they can show that the person was informed of the right to consult with an attorney before and during questioning, and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them. 6th - ________ v. _______ - was a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations 8th - _______ v. _______ - was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime. -________ v. _______- the arbitrary and inconsistent imposition of the death penalty violates the 8th and 14th Amendment 14th - ________ v. _________- when a law enforcement officer is pursuing a fleeing suspect, the officer may not use deadly force to prevent escape unless "the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others; limitations/guidelines placed by the USSC so standard can be applied to future cases

Mapp v. Ohio, Miranda v. Arizona, Escobedo v. Illinois, Robinson v. California, Furman v. Georgia, Tennessee v. Garner

Notes: -_______ v. _______- was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law. The Court's landmark decision established that the U.S. Constitution is actual law, not just a statement of political principles and ideals, and helped define the boundary between the constitutionally separate executive and judicial branches of the federal government. -_______ v. _______- In the circumstances of this case, any manual recount of votes seeking to meet the December 12 "safe harbor" deadline would be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. -______ ______- sources are U.S. court decisions, court decisions may be recent or old, authoritative but only within the territorial jurisdiction of that court, may evolve or change with a new decision -______ ______- sources are the ancient, unwritten laws of England; court decisions are ancient; may or may not be authoritative in a certain jurisdiction, usually depending on provisions of state law; does not change

Marbury v. Madison, Bush v. Gore, case law, common law

Vocab Chapter 2: -_____- a request made orally or in writing, asking the judge for a legal ruling on a something related to a case -______ ______ ______- a case that is strong enough to prevail if it is not contradicted by the opposing party -______ ___ __ ______ _____ __ _____- a motion filed by the defense seeking acquittal of the accused before the prosecution failed to introduce sufficient evidence to convict the defendant -______ ____ ___ ______- a motion filed seeking for the trial to be declared invalid before it is completed alleging improper conduct -_________- an order by the court keeping the jurors together during trial or deliberation and not allowing them to go home at night or weekends -______ _________- when a jury decides a case contrary to the weight of the evidence presented during trial -______ ______- a trial procedure where the guilt-innocence stage and the sentencing stage are separate -_________- the decision of the lower court is upheld in appeal -__________- the decision of the lower court is overthrown on appeal -________-____-______ _______- the lower court's decision is reversed but the lower court can hear further arguments and give another decision in the case -______ ______- a writ directed to a person detaining another commanding that person to produce the body of a person who is imprisoned or detained in court and explain why detention should continue; explain why detention is lawful

Motion, prima facie case, motion for a directed verdict of acquittal, motion for a mistrial, sequestration, verdict, jury nullification, bifurcated procedure, affirmation, reversal, reverse-and-remand decision, habeas corpus

Notes: -_________ ______ _____ & ______ _______ _____ _____ _________- enacted June 19, 1968, was legislation passed by the Congress of the United States and signed into law by President Lyndon B. Johnson that established the Law Enforcement Assistance Administration (LEAA - make sure due process rights not violated). Title III of the Act set rules for obtaining wiretaporders in the United States. The act was a major accomplishment of Johnson's war on crime. An Act to assist State and local governments in reducing the incidence of crime, to increase the effectiveness, fairness, and coordination of law enforcement and criminal justice systems at all levels of government, and for other purposes. -LEP - Law Enforcement and Education Program - make sure due process rights not violated Due Process Models of CJ - procedural safeguards in place and need to be applied, 1960s they were not, models applied correctly or worth nothing -Due Process Model - procedural safeguards for the accused, social control. In contrast, The "due process model" focuses on individual liberties and rights and is concerned with limiting the powers of government -Crime Control Model - more conservative than due process model and shows how people are diverted to places where they can finish their sentence. refers to a theory of criminal justice which places emphasis on reducing the crime in society through increased police and prosecutorial powers and. (population for a period of time, introduced 1980 Reagan) -both tend to be employed differently, DP focuses on legal steps applied and CC focuses on what punishment deserved

Omnibus Crime Control and Safe Streets Act of 1968

Stage ____: The Procedure before Trial 1) Filing of complaint- by the victim or a police officer 2) arrest- with or without a warrant; sometimes a citation or summons is used instead of an arrest 3) booking- recording the suspect's name, time of arrest, and offense; inventorying belongings; photographing and fingerprinting 4) appearance before a magistrate without unnecessary delay- accused is made aware of his or her rights 5) bail- set by the magistrate, or the defendant is released on his or her own recognizance 6) preliminary examination- usually held for determination of probable cause, discovery purposes or determination to bind over 7) decision to charge- prosecutor has the discretion to charge or not to charge 8) indictment or information- indictment is a charge made by the grand jury; information is a charge filed by the prosecutor; an indictment is required in most states for serious offenses 9) arraignment- accused appears before a judge, is informed of the charges, and is asked for a plea 10) plea- nolo contendere (or no contest), not guilty, or guilty

One

-________ v. _________- was a case decided by the Supreme Court of the United States that added behavior that "shocks the conscience" into tests of what violates due process clause of the 14th Amendment. This balancing test is often criticized as having subsequently been used in a particularly subjective manner -Weeks v. US and Mapp v. Ohio apply the Bill of Rights and Constitution -Brown v. Mississippi, Powell v. Alabama, and Rochin v. California are 3 cases that pushed forward the application of the 14th Amendment to the states -criminal procedure- body of laws and rules that determine how police, lawyers, judges and courts enforce and apply criminal law; set guidelines that changes from time to time -primary source of information pertaining to criminal procedure found in the US Constitution and Bill of Rights -prosecutor (or judge) going to answer whether LE violated person and rights - what would a rational/reasonable person believe -federal law trumps state law -Bill of rights 1st added didn't apply to state cases only federal so it had to be incorporated with rules at both levels -Bill of Rights enacted for due process -violation of rights have to look at Constitution and Bill of Rights -most cases are done at the ______ level and not the federal

Rochin v. California, state

Notes: -______ v. ______- The Due Process Clause of the Fourteenth Amendment to the U.S. Constitution provides a fundamental "right to privacy" that protects a pregnant woman's liberty to choose whether or not to have an abortion. This right is not absolute, and must be balanced against the government's interests in protecting women's health and protecting prenatal life. Texas law making it a crime to assist a woman to get an abortion violated this right. -sources of ______/law: federal and state constitutions, Bill of Rights, statutory law (primary), case law, common law, court rules, administrative law, appellate decisions, constitutional -most appeal decisions done in state Supreme Court, not federal -____ ____ ______ ______- Great writ; is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. -______ _____ ________- An extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official's discretion -________ v. ________- Punishing a person for a medical condition is a violation of the Eighth Amendment ban on cruel and unusual punishment. -_______ v. ________- The Fourteenth Amendment guarantees a right to a jury trial in all criminal cases which - were they to be tried in a federal court - would come within the Sixth Amendment's guarantee. The Louisiana State Supreme Court reversed and remanded. -_______ v. ________- is a landmark United States Supreme Court case in 1833, which helped define the concept of federalism in US constitutional law. The Court ruled that the Bill of Rights did not apply to the state governments, establishing a precedent until the ratification of the Fourteenth Amendment to the United States Constitution.

Roe v. Wade, rights, writ of habeas corpus, writ of mandamus, Robinson v. CA, Duncan v. Louisiana, Barron v. Baltimore

Notes: -_______ v. ____ ______- is a United States Supreme Court case in which the Court ruled that the sentence of the defendant should be vacated because the plea agreement specified that the prosecutor would not recommend a sentence, but the prosecutor breached the agreement by recommending the maximum sentence -_______ _______- named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. A "Brady material" or evidence the prosecutor is required to disclose under this rule includes any evidence favorable to the accused--evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness. -_______ v. ________- was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody. The majority held that suspects must generally be granted a probable cause determination within 48 hours of arrest. The dissent believed that probable cause hearings should generally be provided much sooner, as soon as the police complete the administrative steps incident to arrest. -________ v. ________- was a landmark case decided by the United States Supreme Court that allowed state governments, as distinguished from the federal government, to avoid using grand juries in criminal prosecutions; The words "due process of law" in the Fourteenth Amendment to the US Constitution do not necessarily require an indictment by a grand jury in a prosecution by a state for murder.

Santobello v. New York, Brady Law, Riverside v. McLaughlin, Hurtado v. California

Notes: -_______ v. _______- was a United States Supreme Court case involving the arrest of members of the Communist Party who were charged with conspiring to violate the Smith Act. The case regards the Eighth Amendment issue of excessive bail. The District Court had set bail at the fixed amount of $50,000 (roughly $500,000 in 2017) for each of the petitioners. This was an amount greater than that used with other serious crimes. The defendants moved to reduce bail, claiming that it was "excessive" under the Eighth Amendment. The defendants were detained in the custody of appellee, United States Marshal James J. Boyle. -________ law- especially cases during Justice Revolution - the government will often over step its boundaries; body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments -common law/constitutional law- place limits on power of govt. and identify the legal rules governing the person being accused and what their relationship is to the state -program 1960s from President Lyndon Johnson - ______ ______ ______ _________- proposed in overhauling of the substance of laws and rules for enforcing laws; part in effort to help nationalize the Bill of rights; the main goals of ending poverty, reducing crime, abolishing inequality and improving the environment

Stack v. Boyle, constitutional, The Great Society Program

; Notes: -_______ v. _______- was a landmark decision of the Supreme Court of the United States in which the Court ruled that it is not unconstitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime; further explained when rights of counsel does and does not apply -sequence of event sin CJ system must look @ due process and see when it does/does not apply -> probable cause -________ _______ _______- a defendant is considered innocent until proven guilty. If the judge or jury has a reasonable doubt about the defendant's guilt, the defendant cannot be convicted. Simply put, reasonable doubt is the highest standard of proof used in any court of law -farther up the line - less mistakes that need to be made in the case -_______ ______- 1925 was a decision by the United States Supreme Court that upheld the warrantless searches of an automobile, which is known as the automobile exception. The case has also been cited as widening the scope of warrantless search; broadens rights of police for searches and seizures -rights feel violated - go to court -violate rights during case - lose evidence, case thrown out, and can be sued -14th amendment generalized due process of laws -right to counsel is one aspect related to due process -______ ____- relatively formalized procedure wherein a suspect, who is generally already in custody, is placed among a group of other persons whose general appearance resembles the suspect. The witness is then asked whether he can identify the perpetrator of the crime; right to counsel; at station or photos

Terry v. Ohio, reasonable doubt standard, Carroll Doctrine, line up

Notes: -______ v. _________- was a case decided by the Supreme Court of the United States that held that a criminal defendant has a Sixth Amendment right to counsel at a lineup held after indictment; right form self-incrimination, can't be suggestive -______ ______ _______- is an exception to the Fourth Amendment's warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation; came out of automobile searches -________ v. ________- as a United States Supreme Court case in which the Court held that police may not stop motorists without any reasonable suspicion to suspect crime or illegal activity to check their driver's license and auto registration -________ v. _________- 1991 was a United States Supreme Court case where the Court held that a fleeing suspect is not "seized" under the terms of the Fourth Amendment unless the pursuing officers apply physical force to the suspect or the suspect submits to officers' demands to halt -process of justice- points where you do and do not have right to counsel -most decision on main cases done by appellate courts -often times the court will hear an appeal and articulate what correct procedures are for that case -only time fed court interested in local case is if it has ramifications in terms of Constitution and Bill of Rights

U.S. v. Wade, plain view doctrine, Delaware v. Prouse, California v. Hodari

Notes: -Justice Revolution Period (1957/8-1974) Earl _______ Chief Justice, more ______ _______ oriented cases determined in this period than expected to find; shaped procedural steps in order to influence the power between the government and its citizens -Major limitations placed on Supreme Court during this period related to the relationship between law enforcement and citizens -Related to due process before Mapp v. Ohio was Brown v. Mississippi -_______ v. ________- 1946 was a United States Supreme Court case that ruled that a defendant's involuntary confession that is extracted by police violence cannot be entered as evidence and violates the Due Process Clause of the Fourteenth Amendment. -14th Amendment is applied to state courts and must be followed; decision showed that other amendments can and should be applied to the states -which gave citizens their power back by ______ the government -under the present model of USSC 9 Judges and political equableness - decisions become critical -particular group in power, President chooses justices, more of certain party in power -two types of due process - procedural and substantive

Warren, civil rights, Brown v. Mississippi, limiting

-_______ v. _____- was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment -_______ v. ______- was a case decided by the Supreme Court of the United States that held that a criminal defendant has a Sixth Amendment right to counsel at a lineup held after indictment -________ v. _______- a United States Supreme Court decision holding that the accused cannot be subjected to actual imprisonment unless provided with counsel. Gideon v. Wainwright made the right to counsel provided in the Sixth Amendment applicable to the states through the Fourteenth Amendment -_______ v. ________- was a landmark United States Supreme Court decision in which the Court reversed the convictions of nine young black men for allegedly raping two white women on a freight train near Scottsboro, Alabama; Under the Due Process Clause of the 14th Amendment, a state must inform illiterate defendants charged with a capital crime that they have a right to be represented by counsel and must appoint counsel for defendants who cannot afford to hire a lawyer and give counsel adequate time to prepare for trial. -_______ v. ________- held that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment to the U.S. Constitution. A few states continued to have child rape statutes that authorized the death penalty

Weeks v. US, US v. Wade, Argersinger v. Hamlin, Powell v. Alabama, Coker v. Georgia

Notes: -______ v. _______- (1949) was a United States Supreme Court case in which the Court held 6—3 that, while the Fourth Amendment was applicable to the states, the exclusionary rule was not a necessary ingredient of the Fourth Amendment's right against warrantless and unreasonable searches and seizures. In Weeks v. United States, 232 U.S. 383 (1914), the Court held that as a matter of judicial implication the exclusionary rule was enforceable in federal courts but not derived from the explicit requirements of the Fourth Amendment. The Wolf Court decided not to incorporate the exclusionary rule as part of the Fourteenth Amendment in large part because the states which had rejected the Weeks Doctrine (the exclusionary rule) had not left the right to privacy without other means of protection (i.e. the States had their own rules to deter police officers from conducting warrantless and unreasonable searches and seizures). However, because most of the states' rules proved to be ineffective in deterrence, the Court overruled Wolf in Mapp v. Ohio, 367 U.S. 643 (1961). This landmark case made history as the exclusionary rule enforceable against the states through the Due Process clause of the Fourteenth Amendment to the same extent that it applied against the federal government. -________ ____ _____- is a principle allowing courts to prevent government interference with fundamental rights; whether government has an adequate reason for taking away a person's life liberty or property -_______ ____ ______- refers to the process used to try and convict defendants accused of crimes; procedures the government must follow before it deprives a person of life, liberty, or property; procedures that must be employed by LE to ensure that a person's right have not been violated, holding by legal rule or precedent comes a point let a person go or charge them or continue with investigation

Wolf v. Colorado, substantive due process, procedural due process

Notes: -decisions handed down by courts of appeals - 3 basic outcomes following a judicial review - affirmed, reversed, remanded -________- to confirm or ratify; agree w/ lower court ruling -_______- decision of a court of appeal ruling that the judgment of a lower court was incorrect and is reversed. The result is that the lower court which tried the case is instructed to dismiss the original action, retry the case, or is ordered to change its judgment. -_______- legal error and Supreme Court tell lower court to review and fix case -some types of evidence may be acceptable to est. probable cause but not admissible -_______ v. _______- (1959) Holding: (Yes.) The reliable informants information, including the accurate description of the petitioner and when he would be arriving at the station, gave the narcotics agent probable cause and reasonable grounds to arrest and search the petitioner. Reasoning: Supreme Court ruled that info given by informant to the agent was accurate and sufficient enough to establish probable cause. Informant was reliable and gave accurate information (petitioner's physical description and date of arrival). Because this was correct the agent had enough reason to believe that the petitioner also had the drugs in his bag. Petitioners motion to suppress evidence was properly denied and seized heroin was competent evidence, lawfully received at trial. The court found the petitioners claim that the info was hearsay as error because the informant was reliable. The arrest and following search and seizure of drugs are lawful.

affirmed, reversed, remanded, Draper v. US

Challenged for Cause on Jurys: -dismissal of a potential juror for cases specified by law 1) the person is not a qualified voter in the state or country 2) the person is under indictment for or has been convicted of a felony 3) the person is insane 4) the person is a prospective witness for either party in the case 5) the person served on the grand jury that handed down the indictment 6) the person has already formed an opinion on the case 7) the person is biased for or against the defendant Notes: -in the absence of probable cause, the search of arrest is illegal, and the evidence obtained must be excluded by the court -probable cause _______ be established by what is found after an illegal search or arrest -obtaining a warrant offers two clear ______: probable cause is presumed present, and it is a good defense in civil cases for damages -probable cause compared to other levels of proof. probable cause is lower in certainty than clear and convincing evidence but higher than reasonable suspicion -another important term in law enforcement is reasonable suspicion a level of proof required by the courts in stop and frisk cases -determination of reasonable suspicion must be based on the totality of the circumstances, taking into account an officer's knowledge and experience

cannot, advantages

Vocab Chapter 1: -______ _____ _______- the US has two court systems: one for federal cases and another for state cases -___ _____- as one body -_______ ________- the case is brought to the court directly instead of on appeal -_____ ____ _____- at least four justices must agree for the court to consider the case on its merits -_____ ______- to abide by, or adhere to, decided cases -_______ ______- decisions of courts have value as precedent for future cases similarly circumstanced -______ ______- federal and state governments are both considered sovereign -_________- the power of a court to try a case -_______- the place where a case is to be tried -______ ____ ______- the 1st ten amendments to the U.S. Constitution -______ ______- being punished more than once for the same offense -________ _____- law passed by legislatures -_____ _____- law promulgated in cases decided by the courts -______ _______- law generally derived from ancient usages and customs or from judgments and decrees of courts recognizing, affirming, and enforcing them

dual court system, en banc, original jurisdiction, rule of four, stare decisis, judicial precedent, dual sovereignty, jurisdiction, venue, Bill of Rights, double jeopardy, statutory law, case law, common law

Notes: -process of justice begins w/ a warrant issued by a judge (search or arrest warrant) most arrests are made w/o a warrant due to the fact that the officer does so after seeing it or dispatch has provided them with a particular crime - police file affidavit (document that est. probable cause to arrest and/or search) w/ court, judge and prosecution go over to see if est. probable cause 1) arrest or turn self in (normally 1st thing in process of justice) key element of due process both procedural and substantive (must consider Due Process Clause of 14th Amendment - how person to be treated once probable cause been est), fail to maintain due process, defense can file w/ the court to suppress any evidence that was gained in violation of the 14th - fruit of the poisonous tree; critical element in case and where many mistakes are made; suspension of their rights (taking someone into legal custody and to est. probable cause that person committed a crime) right to locomotive - not free to come and go -________ ________ ________ of _____ Amendment- which prohibits arbitrary deprivation of "life, liberty, or property" by the government except as authorized by law. -life, liberty, and property - can't be put to death, move around freely, keep property and cannot be taken by govt. w/o probable cause and proper procedures -_______% of cases w/ plea bargaining -each stage can have diversion

due process clause, 14th, 97

Notes: -if information such as a top has a low degree of reliability (quality), more information (quantity) will be required to establish probable cause or reasonable suspicion than if the information were more reliable -both terms are additive, meaning that the more facts an officer can articulate, the greater the likelihood that probable cause or reasonable suspicion will be _________ -both terms are determined based on the totality of circumstances -process of justice - two types: substantive and procedural due process -criminal procedure- must be done according to the law; procedure; applies to everyone -criminal law- substance; defines what is right and wrong -substantive- substance of laws; can't have overly vague laws so that a common person cannot understand it or it violates civil rights -burden of proof put on part of the _______ (local, state, fed.) -drug dog can establish probable cause -any violations of warrants can screw process same w/ arrest -probable cause for courtroom verdict -probable cause need to show enough facts that a particular person committed a specific crime; useless than beyond a reasonable double but more than reasonable suspicion -contact w/ system predicts you will come back into contact w/ the system again -pretrial release - bail, ROR

established, government

Notes: -democratic society trying to do two things that are almost impossible: balance individual freedoms w/ a need to control and even punish criminal offenders -move up hierarchy of the courts; case becomes increasingly expensive and stressful -Constitution and its associated amendments as it relates to both purpose of criminal processing and the way that those requirements are carried throughout -trying to make cases decide on facts which is referred to as evidentiary burden that is placed on prosecution side -_______ _______- facts that are necessary to show at the probable cause level w/ what evidence is necessary to show an individual should be bound over for trial and covers whether or not the case is valid -facts presented must be offered to the defense side as adequate proof to punish an offender -criminal procedures are both formal and informal -________- main form of procedures comes out of the written law - statutory law -_______- police discretion, judicial discretion, prosecutorial discretion which have more leeway -discretion in courts - USSC may be called upon to determine whether there is legal balance outside social and political interests - appeal worthy of continuing -look at courts have multiple courts dealing w/ the same issues

evidentiary burden, formal, informal

Vocab Chapter 4: -________ _______- states that evidence obtained by the government in violation of the 4th Amendment guarantee against unreasonable search and seizure is not admissible in a criminal prosecution to prove guilt -______-_____ ____- a rule crafted by judges, not provided for in the constitution -_______ ______ ______- permitted federal courts to admit evidence illegally seized by state law enforcement officer and handed over to federal officers for use in federal cases -_______ ______- the evidence erroneously admitted by the trial court did not contribute to the conviction and there is other evidence to support the verdict -______- a legal concept that determines whether a person can legally file a lawsuit or submit a petition to the court -_______ ___ ____ _______ ____ ______- once the primary evidence is shown to have been unlawfully obtained, any secondary evidence derived from it is also inadmissible

exclusionary rule, judge-made rule, silver patter doctrine, harmless error, standing, fruit of the poisonous tree doctrine

Notes: -same treatment under the law -formal process w/ how a case is Brough forward in appeal; most appeals do _______ -when does criminal liability attach; cases provide guidelines - precedent -when prosecution makes mistakes - creates foundation for appeals -courts of record- is a trial court or appellate court in which a record of the proceedings is captured and preserved, for the possibility of appeal. A court clerk or a court reporter takes down a record of oral proceedings; appeals come from -not every jurisdiction has grand Jurys -plea bargaining sometimes goes away in favor of process -post trial motion regular features of the court - used primarily for the defense, punishment phase and usually handed down by the judge -capital case- prosecutor and defense trying to get people that are sympathetic to their side for the jury -_______ _______- is a situation in which the suspect's freedom of movement is restrained, even if they are not under arrest -______ ________- "circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts.""circumstances that would cause a reasonable person to believe that entry (or other relevant prompt action) was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts."

fail, custodial interrogation, exigent circumstances

Notes: -diversion is used in a significant amount of cases -Funnel System of Justice - describing the likelihood that a crime under investigation will result in an arrest, prosecution, conviction and incarceration. It's called a funnel because the number of cases dwindles as they pass through the system; treatment restitution, community service -War on Drugs ________ -treatment tends to be equally effective to individuals who are known criminals trying to get right -relatively new field called victimology -crime victims- no one really cared for them before in system, the rights of accused and accuser vary based upon society ability -criminals are fairly sophisticated and know what they are doing w/ the law and how it applies to their own case

failure

Vocab Chapter 4: -__________ ________ _______- evidence is admissible if the police can prove that they would inevitably have discovered the evidence anyway by lawful measures -______ _____ _______- evidence obtained is admissible if the defendant's subsequent voluntary act dissipates the taint of the initial legality -________ _______ ______- evidence obtained is admissible if the police can prove that it as obtained from an independent source not connected with the illegal search or seizure -______ _____ ______- evidence obtained by the police is admissible even if there was an error or mistake, as long as the error or mistake was not committed by the police, it was honest and reasonable

inevitable discovery exception, purged taint exception, independent source exception, good faith exception

Vocab Chapter 1: -____ ______- the power of courts to declare law or acts unconstitutional -_____ ____ _____- no person is above the law; rules that regulate legal relationship between the government and the people and helps to maintain orderly society; considered to vital to the establishment of and enforcement of law - 6th Amendment part of that -________ _________- issue of whether the Bill of Rights protects the public only against violations of rights by federal officials or whether it also protects against violations of rights by state officials; protects rights from being manipulated -_______ ________- only those rights considered fundament should be applied to the states; doctrine describing the ability of the federal government to prevent states from enacting laws that violate some of the basic constitutional rights of American citizens -_______ _______- all the rights in the Bill of Rights should be held as applying to the states -______ ________ _____- in addition to applying all the provisions of the Bill of Rights to the States, other rights ought to be added such as the right to clean air, clean water, and a clean environment -_____-___-______ _______- examines the facts of a specific case to determine whether there is an injustice so serious as to justify extending the provisions of the Bill of Rights to this particular case -______ ________- indicates where a case may be found in legal publications -_____ ______ ______- fundamental fairness

judicial review, rule of law, incorporation controversy, selective incorporation, total incorporation, total incorporation plus, case-by-case incorporation, case citation, due process clause

Notes: -the exclusionary rules states that evidence obtained by the police in violation of the 4th Amendment right against unreasonable searches and seizures is not admissible in court -the purpose of the exclusionary rules is to deter _______ misconduct -it is a _______-made rule designed to protect the 4th Amendment right against unreasonable searches and seizures -it excludes two kinds of evidence: that which is illegally seized and fruit of the poisonous tree -Mapp v. Ohio (1961) applied the exclusionary rule to state criminal rule to state criminal cases -there are four categories of exceptions to the exclusionary rule: good faith, inevitable discovery, purged taint, and independent source -despite continue debate, the exclusionary rule is here to ______ -look at process of justice from beginning -> right to due process when you become of person of interest in a crime -due process- laws as they are written and applied; can't violate rights from constitution and amendments - based upon case law, statutory law, and common law & sometimes administrative law -USSC gives guidelines - need to follow -5th and 14th amendments give a legitimate claim that civil rights been violated

police, judge, stay

Notes: -_______ ______ _______- lead reasonable person to believe that a particular person committed a particular crime; he standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. It is also the standard by which grand juries issue criminal indictments. -______ ______ _______- is a hypothetical individual who approaches any situation with the appropriate amount of caution and then sensibly takes action. It is a standard created to provide courts and juries with an objective test that can be used in deciding whether a person's actions constitute negligence. -______ ______- rational/reasonable person would believe that they were in custody and not free to leave -if questioning someone, better read their rights first -be difficult to have an orderly society w/o rule of law -criminal proceeder outlines the series of orderly steps (reasonable person standard) that apply to every case no matter to who, what, where, when -can't guarantee due process than you are operating outside the ______ of law -8th Amendment has provisions that a person is not guaranteed bail but when they are granted bail it has to be reasonable & not excessive -legislative bodies at state and or federal levels - jury tasked w/ creating a picture of a crime and charged w/ identifying where rule of law was applied and why

probable cause standard, reasonable person standard, constructive custody, rule

Vocab Chapter 3: -_______ ______- more than bare suspicion; it exists when the "facts and circumstances within the officers' knowledge and of which they had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed -_____ ____ _______ _____- refers to the average man or woman on the street. it does not refer to a person with training in the law -_______ ___ ______- the degree of certainty required by the law for an act by government agents to be legal -_________ _______- the quantum of knowledge sufficient to induce and ordinarily prudent and cautious person in similar circumstances to believe criminal activity is occurring

probable cause, man of reasonable caution, level of proof, reasonable suspicion

Notes: -main job state/fed supreme court is to interpret constitution and apply it -prosecutor's information - charging document and it is examined by the court whether or not the affidavit established _______ ______ and if person engaged in particular crime -grand juries put together as tool of the prosecutor, have the ________ power for people or physical evidence (come in or contempt of court) -grand jury criticized since its been developed - not fair and has too much power -____ _____- prosecutor has no probable cause -_____ ______- prosecutor has probable cause and case is bound over for trial -________ v. _________- 1965 was a decision by the United States Supreme Court involving the application of the right of to confront accusers in state court proceedings. The Sixth Amendment in the Bill of Rights states that, in criminal prosecutions, the defendant has a right "...to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor..." In this case, a person arrested in Texas for robbery was deprived of the ability to cross-examine a witness when the lower court allowed the introduction of a transcript of that witness's earlier testimony at a preliminary proceeding instead of compelling attendance by the witness at trial.

probable cause, subpoena, no bill, true bill, Pointer v. Texas

Notes: Result v. Process -USSC in panel (on bench) is critical and tend to focus more intently on certain aspects of the law during their time on the bench -Justice Revolution -> Chief Justice Earl Warren (late 50s-early 70s) - did more to change the law in terms of procedural due process; focus on civil rights as they appear in the Constitution - greatest period in USSC w/ civil rights -Warren Court great example of a _______-oriented court - the rights of the accused are guaranteed through landmark decisions, many of which contain guidelines on how that process should be done; liberal -_______-_______ court- focus more on deciding the case than the procedures within, laws and order oriented; conservative - have this type of court now; look at legal areas and go w/ LE community -Court existed after Warren Court was the Burger Court and Rehnquist Court which were both conservative -Supreme Court justices all have equal power -current court is 6 conservative - 3 Liberal -Current Chief Justice is _____ ______- not solidly conservative - moderate -Roberts oversaw the impeachment procedure for Trump -both process and result are important for the court

process, result, John Roberts

Notes: -reasonable suspicion is ______ during stop-and-frisk cases but is not sufficient for arrest -reasonable suspicion is initially determined by the officer but is reviewable by a magistrate, trial judge, and appellate court judge -reasonable suspicion compared to other levels of proof. reasonable suspicion is lower in certainty than probably cause but higher than mere suspicion -_______ ______- legal definition: stated by the Court in Brinegar v. US, 338 U.S. 160 (1949); practical definition: "more likely than not"; sufficient for arrest; after arrest, officer may search arrested. person and immediate vicinity; sufficient for issuance of warrant; overall, higher degree of certainty than reasonable suspicion -_______ _______- no good legal definition given by the Court; practical definition: "less certain than probable cause, but more than mere suspicion"; sufficient for stop and frisk, but not for arrest; after valid stop, officer may frisk suspect if there is fear for officer's safety; not sufficient for issuance of warrant; overall, lower degree of certainty than probable cause -probable cause requires a ______ degree of certainty than reasonable suspicion -both terms are subjective, meaning that what is probable cause or reasonable suspicion to one officer, judge, or juror may not be to another

required, probable cause, reasonable suspicion, higher

Notes: -Probable cause standards - primarily for arrests, evidentiary burden you have, need facts that do/do not est. probable cause (searches, arrests) -Police office must have sufficient facts that would cause a rational person to believe that a specific person committed a specific crime -Supreme Courts - don't have to take a case if they don't want to which applies to the state and federal courts -checks and balances sometimes found in text of decision, most judges follow ______ ______ -Supreme Court generally write a document that outlines the reasons why they decided what they did - when making decision will point out the correct guidelines within which this particular decision applies -_______ ________ - shape the way in which courts are structured and how they function, don't follow guidelines can lose appeal -Miranda v. Arizona - only applies to custodial interrogation (applies only when in legal custody) -under procedural due process - ________ law places limits on power of government and identifies the legal rules governing the relationship between the individual and the state -trying to do court packing in USSC - changes how it functions -being done for ore decisions and appointments for determining what's right and wrong based on their party -_______ _______- series of ordering steps that must be applied equally and not applied equally violation of constitutional law (which places limits on the power of the government) can go around constitutional law by ________ orders

stare decisis, landmark decisions, constitutional, criminal procedure, executive

Notes: Three Ways Probable Cause is Established- 1) through an officer's own knowledge of particular facts and circumstances 2) through information given by a reliable third person (an informant) 3) through information plus corroboration by the officer -Most criminal cases are tried in _____ courts, Bc maintaining peace and order if primarily the responsibility of state and local governments. -US has _____ separate judicial systems, representing the court systems in the 50 states, the federal system, and the courts of Washington, D.C. -About 85% of cases get to the USSC from lowers courts on a writ of certiorari. -State courts decide nearly every type of case but are limited by the provisions of the U.S. Constitution, their own state constitution, and state law. -The rules governing criminal proceedings in the US come from four basic sources: (1) constitutions (state and federal), (2) statutes, (3) case law, and (4) court rules

state, 52

Notes: -many court decisions are decided at ______ level -operate w/ dual court system of justice: state and fed level -State courts: state trial courts, intermediate courts, state Supreme Court -Fed: U.S. district courts, US magistrate Courts, USSC -fairly difficult tasks in criminal procedure b/c given power to protect rights of accused while at the same time ensuring safety of the public -_______ v. ________- (1991) A search of a passenger on a bus is not unreasonable simply because the search takes place on a bus. The search is reasonable if, under all the circumstances, the suspect felt free to decline the officers' request for a search and leave the scene; government intrusion -USSC gave guidelines that outlined the legal questions and also an argument as to why/when/where the government has the power to intrude on your private life -each prison in US has a law library -various types of writs that can be filed by the defense to challenge the courts: writ of habeas corpus, writ of mandamus, writ of ________ (is a court process to seek judicial review of a decision of a lower court or government agency) -power that the high court has. in order court take jurisdiction must have majority opinion and 4 out of 9 justices who indicate that they want to review a case

state, Bostick v. Florida, certiorari

-state v. federal procedure - everything fed applies to state but not vice versa -appellate at state and divided into 2 and usually deal w/ procedural issues -president impeachment overseen by USSC chief justice -state and fed both have jurisdiction for case but usually given to _____ -5th: or be deprived of life, liberty, or property, without due process of law -14th: 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. -each state and fed have screening devices in the form of intermediate courts of appeal - screen see if case continue - most cases don't get to USSC -appellate courts do not retry cases -pardons are another way to manipulate the legal system -different levels of ______ required for criminal case (reasonable doubt) and civil case (preponderance of the evidence)-different procedures -burden of proof is on the ________

state, proof, prosecution

Notes: -Approaches to incorporation can be classified into four "positions": selective incorporation, total incorporation, total incorporation plus, and the case-by-case approach 1) selective incorporation: only those rights in the Bill of Rights that are considered fundamental should be applied to the states 2) total incorporation: every on of the provisions of the Bill of Rights should be applied to the states 3) total incorporation plus: all the provisions of the Bill of Rights should be applied to the States, plus other unspecified rights 4) case-by-case incorporation: examines the facts of a specific case to determine whether there is an injustice so serious as to justify extending the provisions of the Bill of Rights to that case and to that case only -The CJ process can be divided into ______ stages: The procedure before the trial, the procedure during the trial, and the procedure after trial

three

Stage ______: The Procedure of guilt or innocence 1) sentencing- punishment handed down by judge or jury 2) appeal- allowed within a certain period of time, usually thirty days 3) habeas corpus- may be filed any time during incarceration; the petitioner seeks release from incarceration, alleging that the incarceration is illegal or unconstitutional

three

Stage _____: The Procedure during Trial 1) selection of jurors- use of voice dire; types of challenges are for cause and peremptory 2) opening statements- by prosecution and defense both summarizing the evidence they will present and their version of the case 3) presentation by prosecution- offers evidence supporting the charge 4) presentation of defense- offers evidence for the accused 5) rebuttal evidence- evidence presented by either side to destroy the credibility of witnesses of evidence presented by the other side 6) closing arguments- by the prosecution and then by the defense 7) judge's instructions to jury- includes the elements of the offense charged and the caution that each element must be proved beyond a reasonable doubt 8) jury deliberation- jurors may be sequestered at the option of the judge 9) verdict- pronouncement of guilt of innocence

two

-rules of criminal procedure affect virtually all of the steps in the CJ process -most jurisdictions do not have grand Jurys -adversarial system - ultimate goal to find the truth, sentenced or acquitted -plea bargaining ______ the system

undermines

Notes: -Sitting on fed court rare to get cases from state courts - fed has own body of laws to deal w/ - who has jurisdiction as well -federal appeals courts- commonly meet en banc (all justice there) can be made at State SC or Fed SC, want to have all judges sitting on case -intermediate courts of appeals- screening device and choose which ones to hear -procedural guidelines for courts at all levels -fed laws in terms of procedure w/ state laws aren't that different - some different laws -fed court system is a _______ court structure in every court, state courts are not - 50 different courts -appellate process courts lean heavily on stare decisis - laws once not written so everything was stare decisis -lower courts/state/fed level (misdemeanor courts), general jurisdiction (trial courts) - rules abide by to ensure procedure doesn't violate rights -most cases reviewed by fed courts of appeal are civil not criminal -consent searches- don't have to and can with draw consent during search, unless probable cause can't search; person gives consent to search no more 4th amendment rights -________ v. ________- is a United States Supreme Court case which held that absent exigency, the warrantless search of a passenger's container capable of holding the object of a search for which there is probable cause is not a violation of the Fourth Amendment to the United States Constitution, because it is justified under the automobile exception as an effect of the car

unified, Wyoming v. Houghton