cjc 323 exam 1

which court case set the precedent of judicial review

marbury v madison

what does marbury v madison apply to

laws passed by congress, state legislature, ordinances of municipalities, and acts of public officials

how many constitutions are there within our country

51

why 51 constitutions

50 for every state + one federal one

which levels does our government exist on

federal, state, and local

in a court of law, which sides get to show evidence

both prosecution and defense

what is exculpatory evidence

evidence that defense finds that proves the defendants innocence

14th amendment

no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US

which court case established that the U.S. Constitution requires states to provide a lawyer to criminal defendants who cannot afford one

Giddeon v. Wainwright

what are the four approaches to the bill of rights incorporation

selective, total, total plus, and case-by-case

which approach to the bill of rights incorporation has the supreme court typically taken

case-by-case

what does the criminal process in the crime control model resemble

a high speed “assembly-line conveyor belt” operated by the police and prosecutors

what is the end product of the criminal process

a guilty plea or quick conviction

what does the due process model resemble

an obstacle course

how does the due process model operate

firmly on the presumption of innocent until proven guilty beyond a reasonable doubt

what is the goal of the due process model

to ensure fairness, legal accuracy, and constitutional protection

what are the three pros of the due process model

1. protecting the suspect / defendant rights is more vital than quick convictions

2. limits police / prosecutor authority to prevent governmental abuse

3. emphasizes vigorous trials and robust appeals

what percent of cases end in a plea deal

95%

what percent of cases make it to trial

5%

batson v. kentucky

prosecutors cannot use peremptory challenges to exclude potential jurors solely based on race, violating the Fourteenth Amendment's Equal Protection Clause

flowers v mississippi

a prosecutor’s historical pattern of racial discrimination in jury selection can be considered when evaluating whether a peremptory strike in a current trial violates Batson v. Kentucky

the fourth 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.

probable cause

facts + circumstances that would lead a reasonable person to believe that a crime has been committed and that a particular person committed it

what four areas of police work is probable cause required in

1. searches of someone and / or their property with a warrant

2. searches of someone and / or their property without a warrant

3. seizures of someone (i.e., arrests) and / or their property with a warrant

4. seizures of someone (i.e., arrests) and / or their property without a warrant

what does the term “man of reasonable caution” refer to

an objective legal standard representing an average, ordinary, and prudent person—not a specialized legal expert or police officer—used to evaluate whether a law enforcement action or belief is justified

which court cases gave the courts an informant test

agular v. texas and spinelli v. us

the agular - spinelli two - pronged test

1. reliability of the informant

2. reliability of the informants information

what was the two-pronged test replaced by

a “totality of circumstances” test

what precedent did gates v. IL set

established the flexible "totality of the circumstances" standard for evaluating whether an informant's tip gives police probable cause to obtain a search warrant under the Fourth Amendment.

how is probable cause applied in trial for officers

the officer may use any trustworthy evidence / information even if the rules of evidence prohibit its admission during the trial

what three ways can probable cause be established by

1. through an officers own knowledge of particular facts and circumstances

2. through information given by a reliable third person (i.e., an informant)

3. through information plus corroboration by the officer

reasonable suspicion

facts and circumstances that would lead an experienced and trained officer to believe that criminal activity is either presently ongoing or afoot

what precedent did hiibel v. sixth judicial district of nevada set

the U.S. Supreme Court ruled that police can legally force a person to identify themselves during a lawful investigatory stop without violating the Fourth or Fifth Amendments.

the exclusionary rule in the constitution

the supreme court can not eliminate it

the exclusionary rule in congress

congress can not modify it except through the amendment process

the exclusionary rule for judges

may be eliminated or modified by the supreme court

az v. evans

the fourth amendment contains no provision expressly precluding the use of evidence obtained unconstitutionally

for the exclusionary rule

it protects individuals “right to privacy” under the fourth amendment and deters violations of constitutional rights

against the exclusionary rule

factually guilty criminals may go free and this potentially excludes the most credible and relevant evidence as to someone’s guilt

what precedent did mapp v. ohio set

established the legal precedent that the Fourth Amendment's exclusionary rule applies to state courts, making illegally obtained evidence inadmissible in state criminal trials

silver platter doctrine

permitted federal courts to admit evidence illegally seized by state law enforcement officers and handed over to federal officers for use in federal cases

in what year was the silver platter doctrine abolished

1960

terry v ohio

favors the police but it takes place during the warren court

stop and frisk

form of search and seizure which falls under the fourth amendment

what needs to happen for a stop and frisk to be valid

there must be reasonable suspicion to stop AND frisk

which is more demanding: probable cause or reasonable suspicion

reasonable suspicion is less demanding than probable cause

how is a stop justified

reasonable suspicion must be grounded on specific, objective facts and logical conclusions based on the officer’s experience

what precedent did terry v. ohio set

allows police officers to stop and briefly detain a person on the street, and pat down their outer clothing for weapons, without a warrant or probable cause for arrest

what evidence is not admissible in court

illegally seized evidence and fruit of the poisonous tree

what are the four exceptions to the exclusionary rule

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

when does the exclusionary rule not apply

1. Violations of the knock-and-announce rule

2. Private searches

3. Grand jury investigations

4. Sentencing

5. Arrests based on probable cause that violate state law

6. Violations of agency rules

7. Noncriminal proceedings

8. Parole revocation hearings