Procedure Exam 1- Mod 3/4

List the five rights delineated in the 1st amendment?

1. freedom of religion

2. freedom of speech

3. freedom of the press

4. the right to peaceably assemble

5. the right to petition the government for redress of grievances

Explain some of the limitations on our 1st Amendment rights?

1. freedom of speech limitations

   1. flag burning, nude dancing, hate crimes

2. freedom of press issue

   1. consolidation of the media

   2. misinformation = unintentional

   3. disinformation = intentional

explain the differing views of the 2nd amendment?

1. yes right to bear arms issue

   1. since ppl can be drafted, should already have right

   2. ppl should have the right to defend themselves

2. no right to bear arms issue

   1. 1791 there was no army, so ppl were the militia, therefore had to have guns…not needed the right individually

   2. Anyone who possesses needs to be well regulated

explain how the right to bear arms is protected in PA?

1. we have the right to bear arms in defense of ourselves and the state shall not be questioned- but restrictions

   1. banned automatic/ semi automation , no high capacity rounds

   2. no access to those convicted of certain crimes

   3. required registration

   4. no access for those with mental health issues

Distinguish the privacy clause from the warrant clause?

1. Privacy clause covers unreasonable searches and seizures

2. Warrant clause covers warrants needing probable cause

Explain the 4 requirements of every warrant?

1. probable clause

2. supported by oath or affirmation

3. particularly describing the place to be searched

4. particularly describing the persons or things to be seized

Define the term “affiant”?

the person who is swearing that the information in the warrant is true and correct to the best of their information and belief - the officer

Identify the abuse by king george 3 the 4th amendment was designed to address?

no more general warrants

Explain the interpretational dilemma of the 4th Amendment (the privacy clause juxtaposed against the warrant clause).

• James Madison forbade ‘unreasonable ‘ searches not ‘warrantless’

• if a warrant is technically not needed, why is there a warrant clause?

• but if its neccisary, why he not include it in the amendment

explain how the US Supreme Court resolved the interpretational dilemma of the 4th amendment?

warrantless searches are presumptively unreasonable searches

Explain the purposes and functions of a grand jury?

• answer the question of ‘is there sufficient evidence to charge or indict an individual”

Explain the differences between a grand jury process and a preliminary hearing and/or a trial?

1. grand jury

   1. 15-23 jurors

   2. “is there sufficient evidence to charge?”

   3. level of proof- probable cause

   4. 12 jury needed to indict

2. preliminary hearing

   1. no jury

   2. “is there a prima facie case?”

   3. level of proof- prima facie case

   4. district justice dertemines prima facia

3. info chart on #24

Explain the double jeopardy clause and its applications?

• classic application = def cant be retried for that crime in that jurisdiction if found not guilty

• if a conviction is overturned on appeal bc of a reversible error, the defendant can be retried

Explain how the double jeopardy clause of the US Constitution is interpreted differently from the double jeopardy clause in the Pa Constitution?

1. US Constitution

   1. defendant can be tried twice for the same offense even if the 1st trial restulted in an acquittal

2. PA Constitution

   1. rejects the clause

Explain the importance and applications of the compulsion clause?

• protects our right to remain silent

• applies to evidence that is communicative in nature

  • what defendant or arrestee says or writes thats incriminating

what does the due process clause give us and whats its importance?

• gives us fundamental fairness

  • notice of charges

  • counsel

  • time to prepare defense

  • an evidentiary hearing before a neutral tribunal

• defense attorneys use this clause for rights not stated in bill of rights

explain speedy trial rights?

• speedy measured by indictment to the beginning of trial in pa

• prosecution has 180 days to bring the defendant to trial from the date the charges filed

• covers rights

  • confront witnesses against you

  • cross-examine witnesses who testify against you

  • be present at your trial

explain the difference between speedy trial concepts and the statute of limitations?

1. speedy trial rights

   1. found in Bill of Rights

   2. measures -charges to beginning of trial

   3. consequences= dismissal of charges

2. statue of limitations

   1. found in state and federal statutes

   2. measures- crime to arrest or indictment

   3. consequences = dismissal of charges

explain the roles of the “arbiter of law” and the “trier of fact” ?

1. arbiter of law

   1. judge

   2. interprets the law

   3. decides what law applies

   4. determines admissibility of evidence

2. trier of fact

   1. jury(or judge in non jury trial)

   2. determines credibility of witnesses

   3. determines weight of evidence

   4. renders the verdict

explain the jury selection process?

• voir dire- the process of jury selection

• venire- population jury is from

• challenges for cause - unlimited strikes for disqualifying bias

• peremptory challenges- race, ethnicity, gender

  • cant remove bc of these rights

explain the right to be present at one’s trial and the confrontation clause?

• Significance

  • right to be confronted by witnesses

  • implies the right not to be tried “in absentia”

explain the compulsory process clause?

• the right to use the power of the government to subpoena witnesses

explain the right to counsel?

• citizens have the right to effective counsel

• right to counsel in any case that results in imprisonment

• poor people have the right to free counsel

• defendant represents themselves= pro se

whats the difference between exculpatory and inculpatory evidence and what is brady material?

• exculpatory- tends to prove innocence

• inculpatory- tends to prove guilt

• brady material= exculpatory evi in the hands of the prosecutor