crj 432 final

What is the Wade-Gilbert Rule?

criminal procedure that ensures a defendant's Sixth Amendment right to counsel during post-indictment lineups or showups.

What's the difference between the corporeal and incorporeal identification?

Corporeal identification means the suspect is present in front of the defendant while incorporeal identification means the suspect is physically absent

By what percent, by a preponderance of the evidence, must be established for the procedure to be suggestive?

51%

What is Perry v. New Hampshire? 

addressed the Due Process Clause and eyewitness identification, specifically when police misconduct is not involved.

What is the Frye Test?

Scientific evidence must be generally accepted by experts to be admissible.

What is the Daubert Test?  (Hint: Broader view of Fyre)

A flexible standard for admitting expert evidence based on testing, peer review, error rates, and general acceptance.

What is CODIS? 

Combined DNA Index System.

What do polygraphs measure?

respiration, blood pressure, and perspiration

Define the Exclusionary Rule

exclusion of evidence that is obtained illegally

What exclusionary rule falls under what amendment? 

4th Amendment

Derivative evidence is evidence discovered as a result of ________ items seized.

unlawfully

What case established the exclusionary rule? 

Weeks v United States

What is the difference between direct evidence and the fruit of the poisonous tree? 

direct evidence is lawfully obtained, fotpt is unlawfully obtained

Why did the Supreme Court limit the silver platter doctrine?

in order to protect Fourth Amendment rights and close a loophole that allowed illegally obtained evidence to be used in court.

How did Mapp v. Ohio affect the 4th Amendment?

extended the Exclusionary Rule to state courts, meaning evidence obtained in violation of the Fourth Amendment (unlawful search/seizure) is inadmissible in all courts, not just federal.

What are the arguments for and against the Exclusionary Rule?

protects rights and integrity vs can let guilty people go free

What is the first step to challenging the reasonableness of a search?

filing a pretrial motion to supress

When a person has exhausted the state court of appeals, what can they do?

They can petition the U.S. Supreme Court by filing a writ of certiorari (asking the Court to review their case).

How many exceptions are there to the exclusionary rule?

There are five major exceptions:

1. Independent source

2. Inevitable discovery

3. Good faith

4. Attenuation (purged taint)

5. Knock-and-announce rule violation (limited)

What case did the concept of entrapment come from?

Sorrells v. United States (1932)

What are the two tests for entrapment?

Subjective Test (used in most states and by federal courts):
➡ Focuses on the defendant’s predisposition to commit the crime.

Objective Test (used in some states):
➡ Focuses on the conduct of law enforcement, not the defendant’s mindset.

What is a tort?

a civil wrong (not a crime) that causes harm or loss

What are the two main types of constitutional tort actions (from the text)?

state and federal officers

State officers may be sued under the Bivens legal suit.

False

Define Section 1983 — what three elements should be established?

Section 1983 allows people to sue state or local officials for violating constitutional rights.
To file a claim, a plaintiff must show:

1. The defendant acted under color of state law

2. A federal right was violated

3. The violation caused harm to the plaintiff

What is the significance of Monroe v. Pape (1961)?

It expanded Section 1983, allowing individuals to sue state officials for constitutional violations, even if the official's actions were unauthorized or illegal under state law.

The immunity clauses don’t apply to cities, towns, country & local gov. Agencies.

False

What are the purposes of injunctions?

Injunctions are court orders used to stop unlawful conduct, prevent future violations, or mandate changes in policies or practices — often used in civil rights and police misconduct cases.

Why are tort actions difficult to win?

Because plaintiffs must prove:

• A clear violation occurred

• The officer acted outside the scope of duty or law

• Qualified or absolute immunity doesn’t apply

• Strong evidence is required, which is often hard to obtain.

How many color-of-law federal criminal statutes are there?

Four main statutes.

What does “Blue Wall of Silence” mean?

refers to the informal code among police officers not to report misconduct or criticize fellow officers, even when they witness unethical or illegal behavior.

What’s the significance of Wayte v. US?

ruled that prosecutors have broad discretion to decide whom to charge.

Define vindictive prosecution.

When a prosecutor punishes a defendant for exercising a legal right (e.g., appealing a case) by increasing charges or penalties unfairly.

What is selective prosecution?

When a defendant claims they were singled out for prosecution based on impermissible factors (e.g., race, religion, political beliefs) rather than evidence.

What’s the next step following an arrest?

The initial appearance before a judge or magistrate.

What is the significance of Betts v. Brady?

Initially ruled that the right to counsel was not guaranteed in all felony cases—only under special circumstances.

What is Argersinger v. Hamlin?

Extended the right to counsel to misdemeanor cases that involve potential jail time.

Within how many days should a preliminary hearing be done after the first appearance?

Typically within 10 days if the defendant is in custody (rules may vary by jurisdiction)

What is the purpose of a preliminary hearing?

to determine if there is probable cause

What is prima facie?

“At first glance,” the case appears valid.

How many people are usually in a grand jury?

16 to 23 members under federal law.

What is the decision of the true bill?

A true bill means the grand jury has found enough evidence to indict the defendant and proceed to trial.

Define voir dire:

The process of questioning potential jurors to assess bias and select an impartial jury.