Criminal Procedure Outline

A comprehensive set of flashcards covering essential concepts and vocabulary from the study of Criminal Procedure.

Criminal Procedure

Legal framework governing the investigation, arrest, and prosecution of individuals.

Investigation

The process of gathering evidence before and after a crime occurs.

4th Amendment

Protects against unreasonable searches and seizures, requires probable cause for warrants.

5th Amendment

Protects against self-incrimination and ensures due process of law.

6th Amendment

Guarantees rights to a fair trial, including the right to counsel.

7th Amendment

Guarantees the right to a jury trial in civil cases.

8th Amendment

Prohibits excessive bail, excessive fines, and cruel and unusual punishment.

Crime Control Model

Focuses on the discovery of truth and the efficient prosecution of criminals.

Due Process Model

Emphasizes the rights of the accused and the need for fair legal processes.

Packer's Models

Framework depicting the tension between crime control and due process.

Exclusionary Rule

Excludes evidence obtained in violation of constitutional rights from being used in court.

Probable Cause

Reasonably trustworthy facts sufficient to warrant a belief that a crime has been committed.

Search Warrant

A legal document authorizing police to enter and search premises.

Consent Search

Search conducted with the voluntary agreement of the individual.

Terry Stop

Brief detention of a person based on reasonable suspicion of criminal activity.

Terry Frisk

Limited search for weapons based on reasonable suspicion.

Reasonable Expectation of Privacy (REOP)

Legal test for determining privacy rights under the 4th Amendment.

Katz v. U.S.

Supreme Court case establishing the principle that physical trespass is not required for a search.

Olmstead v. U.S.

Historic case determining that wiretapping was not a search under the 4th Amendment.

Curtilage

The area immediately surrounding a home, receiving a higher expectation of privacy.

Open Fields Doctrine

Allows government to search open fields without a warrant.

Hot Pursuit

An exigent circumstance allowing warrantless entry to prevent the escape of a suspect.

Plain View Doctrine

Allows police to seize evidence without a warrant if it is in plain sight.

Exigent Circumstances

Conditions that allow law enforcement to search without a warrant.

Totality of Circumstances

Standard used to determine probable cause based on all the facts.

Knock and Announce Rule

Requirement for law enforcement to announce their presence before entering.

Search Incident to Arrest (SILA)

Allows the search of an arrested individual's immediate area without a warrant.

Inventory Searches

Searching belongings as part of standard law enforcement procedures for impounded vehicles.

Franks Hearing

A proceeding to challenge a warrant's validity based on false information.

Good Faith Exception

Allows evidence obtained with a warrant later found to be invalid to be admissible if obtained in good faith.

Independent Source Exception

Allows for evidence obtained independently of any constitutional violation to be valid.

Inevitable Discovery Rule

Allows admissibility of evidence that would have been discovered lawfully, despite prior illegal conduct.

Fruit of the Poisonous Tree Doctrine

Legal metaphor used to describe evidence that is obtained illegally and is inadmissible in court.

Self-incrimination

The act of exposing oneself to prosecution by making statements.

Due Process

Fair treatment through the normal judicial system, especially as a citizen's entitlement.

Mapp v. Ohio

Supreme Court ruling that established the exclusionary rule applies to state courts.

Police Power

The capacity of the state to regulate behavior and enforce order within its territory.

6th Amendment Right to Counsel

Accused persons have the right to assistance of counsel for their defense.

Legal Technicalities

Specific procedural requirements that must be adhered to in legal proceedings.

Victim's Rights

Rights granted to victims of crime, often concerning their treatment in the legal process.

Terry v. Ohio

Establishes the legality of stops and frisks based on reasonable suspicion.

U.S. v. Dunn

Case defining curtilage in relation to the 4th Amendment.

U.S. v. Knotts

Case regarding police use of beepers to track individuals.

Riley v. California

Held that warrantless search of cell phones incident to arrest is unconstitutional.

CA v. Greenwood

Case determining no reasonable expectation of privacy in garbage left for collection.

Fifth Amendment Protections

Right against self-incrimination and guarantees due process.

Search Warrant Requirements

Must specify items to be searched, probable cause must be established.

Judicial Oversight

The review and supervision of the powers and actions of law enforcement.

Victim Advocacy

Support and assistance provided to victims in navigating legal processes.

Emotional Distress for Victims

Legal claims that victims can make for emotional harm suffered due to criminal acts.

Consent Form

Written agreement allowing for searches and seizures to occur without a warrant.

Challenging a Warrant

Legal process in which a defendant can argue against the validity of a search warrant.

Exclusionary Rule Exceptions

Conditions under which the exclusionary rule does not apply (e.g., good faith exception).

Warrantless Searches

Searches conducted without a warrant, subject to certain exceptions.

Electronic Surveillance

Monitoring of public and private communications by law enforcement.

Liability for Law Enforcement

Legal responsibility of officers for constitutional violations.

Public Safety Exception

Allows questioning without Miranda rights if public safety is at risk.

Miranda Rights

Rights read to a suspect upon arrest to inform them of their rights.

Affidavit

Written statement confirmed by oath used to support a warrant application.

Suppress Evidence

Legal process to prevent evidence from being presented in court.

Crime Scene Investigation

The process of collecting and examining physical evidence from a crime place.

Statute of Limitations

The maximum time period during which legal proceedings may be initiated.

Compelling Interest

A legal concept that justifies government actions interfering with individual rights.

Jurisdiction

The official power to make legal decisions and judgments.

Precedent

Legal case that establishes a principle or rule that courts follow in future cases.

Substantive Law

Law that governs the rights and duties of the individuals.

Procedural Law

Law that prescribes the methods of enforcing rights established by substantive law.

Trial by Jury

A legal proceeding where a jury makes a decision regarding the case.

Burden of Proof

The obligation to prove one's assertion in a legal context.

Restitution

Compensation for loss or injury, often paid to a victim.

Civil vs. Criminal Standards

Different legal standards of proof: preponderance of evidence (civil) vs. beyond a reasonable doubt (criminal).

Compounding a Crime

When a victim receives consideration for not reporting or prosecuting a crime.

Enhancement Statutes

Laws that increase the penalties for certain crimes based on factors such as prior convictions.

Filing Charges

The formal process by which a government prosecution initiates a criminal case.

Plea Bargaining

Negotiation between defendant and prosecutor, resulting in the defendant pleading guilty to lesser charges.

Sentencing Guidelines

Standards for judicial discretion in determining punishment for convicted criminals.

Double Jeopardy

The legal principle that prohibits someone from being tried twice for the same crime.

Guilty Plea

A formal admission of guilt in court.

Parole

Conditional release from prison before completing the full sentence.

Probation

Court-ordered period of supervision in the community instead of incarceration.

Conviction Outcomes

Possible results from a criminal trial, ranging from acquittal to sentencing.