Crime & Justice - Exam #2

Two prong test

Must be in custody and actively being interrogated/interview in order to be read Miranda Rights

Good faith and exception rule amendment

4th

Fourth amendment

Protects against unreasonable searches and seizures, requiring law enforcement to have a warrant based on probable cause.

Search warrant

A legal document required by 4th amendment, must contain probable cause, must be approved by District attorney (ADA) and signed by the magistrate 

Exclusionary Rule

Evidence illegally seized by police in violation of a defendants constitutional rights cannot be used in trial

Exclusionary rule cases

Weeks V US and Mapp V Ohio

Writ of Certiorari

a writ issued from an appellate (appeals) court for the purpose of obtaining the lower courts records of a particular case

Fruit of the Poisonous tree doctrine

evidence later developed as a result of an illegal search and seizure is excluded from trial (Mapp V Ohio) → exclusionary rule 

Good faith exceptions 

Allows evidence seized on the basis of good faith, but later shown to be a mistake, to be used in court 

Warrantless searches 

Warrantless search incident to arrest is limited to area in suspect’s immediate control  Anything in someone's immediate control is searchable when they are arrested. 

Reasonable expectation of privacy required for ____ amendment protection  

4th 

Officer may not conduct a warrantless search if one resident_______, but the other refuses 

gives permission 

Exceptions to warrants

Plain view, exigent circumstances, threats (3)

Plain view

Officer may seize evidence in plain view without a warrant if they are in a place where they have a legal right to be

Exigent circumstances

Emergency searches involve warrantless searches which are justified on the basis of some immediate and overriding need, Immediate danger or threat to death or serious injury  

3 threat exceptions to warrants

Clear danger to life, clear danger of escape, Clear danger of the removal of destruction of evidence  

arrest

The act of taking someone into physical custody by authority of law to charge that person with a crime, delinquent act, or status offense  

Arrest is a form of seizure under the _____ amendment

4th

Investigate detention

A temporary detention for investigative purposes, based on reasonable suspicion 

Terry Stop

Terry V Ohio, A temporary detention for investigative purposes, based on reasonable suspicion 

Reasonable Suspicion  

Belief that would justify an officer in making further inquiry or in conducting further investigation  

Emergency searches of Persons

Exigent circumstances

Guidelines for conducting searches

Probable cause: at the time of the search to believe evidence was concealed  and to believe an emergency threat of destruction of evidence existed. No prior opportunity to obtain a warrant. Action was no greater than necessary  

Vehicle searches

Exception to the exclusionary rule that permits police to search a motor vehicle based on probable cause but without a warrant . Justified by the fact that vehicles are highly mobile and can leave police jurisdiction quickly  

Roadblocks and Motor Vehicle Checkpoint

Community interests may require temporary suspension of personal liberty even if probable cause is lacking. Information seeking roadblocks are acceptable. 

Reason for suspicionless Searches

The need to ensure public safety may provide compelling interest to justify limiting the right to privacy  

Suspicionless search

A warrantless search conducted when a person is not suspected of a crime  

Police interrogation amendment

5th

5th amendment protects us from

self incrimination

Police interrogation

Interrogation of suspects is subject to constitutional limits as interpreted by the courts – no inherent coercion (no force) permitted  

DNA covered by what amendments 

4th and 5th 

Miranda V Arizona

two prong test: must be in custody an questioned/interrogated

Miranda V Arizona Amendments 

5th (right to remain silent) and 6th amendment (right to an attorney)

Can evidence obtained as a result of an interrogation conducted without a rights advisement can be used against the suspect?

No

Waiver of Miranda rights by suspects requirements 

Voluntary, Knowing, Intelligent 

Voluntary

No threats, promises or coercion (5^th amendment)  

Knowing

Suspect must be advised of rights, must be in a condition to understand them (rights are read, understood, person is not intoxicated or challenged in some way that would not allow them to understand their rights) 

Intelligent 

Suspect must understand the consequences of not invoking rights (anything you say CAN and WILL be used against you) 

2 exceptions to Miranda

Inevitable Discovery and Public safety Exception  

Public safety Exception  

Overriding considerations of public safety may negate the Miranda requirement in order to prevent further harm  (new York V Quarles)

Inevitable Discovery

Evidence gathered inappropriately can be used in court if it would invariably turned up in the normal course of events (Nix V Williams)

The Electronic Communications Privacy Act of 1986 

Established the due-process requirements police must meet to legally intercept wire communications. 

Areas of communications under Electronic communications privacy act

Wiretaps and bugs, Pen register recording numbers dialed from a telephone, Tracing devices that determine the number form which a call originates 

law 

A rule of conduct generally found enacted in the form of a statute, that proscribes or mandates certain forms of behavior  

Statute

law created by our legislature (law makers) 

Sanction

something is being taken away from you: freedom, time, etc.  

Statutory Law

the “law on the books” written or codified law resulting from legislative action  

Codified

“code” written in a book  

Case law

law resulting from judicial decisions 

Common law

Common law – traditional body of law originating from usage and custom rather than from written statues, common sense, word of mouth 

The Rule of Law

The belief that an orderly society must be governed by established principals and known codes that are applied uniformly and fairly all of its member, no one is above the law 

Criminal Law  

The body of rules and regulations that define and specify the nature of and punishments for offenses of a public nature or for wrongs committed against the state or society, penal law, Includes some statutory law and case law  

Penal law

Latin for punishment, any law that includes punishment, criminal law  

Substantive criminal law

the part of law that defines crimes and specifies punishments, substances, “committed if:”

Procedural law

• The part of the law that specifies methods to be used in enforcing substantive law  

• Balance suspect’s rights against the states interests in the speedy and efficient processing of defendants  

• How to  

What type of law: 4^th amendment – no one will be searched without a search warrant

Substantive law 

What type of law: must get from a judge and can only do the search between 6am-10pm 

Procedural law 

Case law

“Law of precedent”: Comes from judicial decisions, stare decisis 

Stare decisis

(Latin = Old decision) is a doctrine or an instruction, used in all court cases and with all legal issues  

Precedents

legal principle, or a rule, that is created by a higher court decision

Precedent becomes ____ which becomes ____

case law, stare decisis

Civil law

• Governs relationships between and among parties  

• Includes rules for contracts, divorces, child support, custody, wills, slander, etc.  

• Civil suits typically seek compensation, not punishment   

• All about the MONEY  

Tort 

a wrongful act, damage, or injury not involving a breach of contract (personal wrong, not a crime) 

Plaintiff

seeks relief (was wronged somehow -wants their money – in criminal (victim) 

Defendant

against whom relief is sought (did the wrong doing)  

Administrative law

Body of regulations governments create to control the activities of industries, businesses, and individual. Includes tax laws, health codes, vehicle registration laws 

Felonies

A criminal offense punishable by death or by incarceration in a prison facility for 5 or more years. Serious crimes such as murder, rape, aggravated assault, robbery, burglary, and arson. 3 degrees, 1 is worst

Misdemeanors

• An offense punishable by incarceration, usually in a local confinement facility, for a period typically less than 5 years  

• Relative minor crimes such as petty theft, simple assault, drug possession, criminal mischief, trespass, etc.  

#1 sentence for committing a misdemeanor  

probation

Summary  

• A minor violation of statue statute or local ordinance punishable by a fine or other penalty or by a specified, usually limited, term of incarceration  

• Catch and release  

• Typically includes things like disorderly conduct, harassment, underage drinking, littering, and certain traffic offenses  

One exception where magistrate doesn't handle summary

appeal → county court judge (within 30 days)

Inchoate Offenses

An incomplete offense – one that has not been fully carried out . An offense that consists of an action or conduct that is a substantial step toward the intended commission of another offense  

Types of inchoate offenses

solicitations, conspiracies, attempts

solicitations

paying someone or buying something from someone (Prostitution and paying someone to commit murder)

Conspiracy

requires 2 or more people. Have an agreement  (making map and plan to rob a bank)

attempts

substantial step in starting a crime

Actus Reus

Guilty act. Person must commit a voluntary act for it to be considered a crime

Crimes

An omission to act, threatening to act, conspiracy

first amendment

freedom of thoughts, freedom of speech  

Mens Rea

Guilty mind. The state of mind that accompanies a criminal act: the Defendants mental state at the time of a crime

Purposeful or intentional action

Undertaken to achieve some goal  

Transferred intent

if harm resulting from an intentional action is unintended, criminal liability is not reduced  

Types or levels of mens rea

Purposeful or intentional, Knowing, Reckless, Negligent  

Knowing behavior  

Undertaken with awareness, “you should have known better.” Involves near certainty  

Reckless behavior

An activity that increases the risk of harm. Lacks the certainty of knowing behavior  

Criminal negligence

A behavior in which a person fails to reasonably perceive substantial and unjustifiable risks of dangerous consequences. No negative consequences need to be intended  

Element of a crime

In a specific crime, one or more of the essential features of that crime, as specified by law or statute

Must have ____ or ____ to have a crime

actus reus, mens rea

Concurrence

with something else (Mens rea and Actus Rea together). Requires that the act and the mental state (Mind) occur together in order for a crime to take place 

Con

with

Corpus delecti 

the end result, the body of the crime, actus reus + mens rea

Exception/ Absolute liability offenses

Strict liability crimes do not require mens rea, therefore concurrence will not be present (traffic offenses, statutory sexual assault)

Defense

Evidence and arguments offered by the defendant to show why he or she should not be held liable for a criminal charge  

4 categories of defense

Alibi, Justification, Excuse, Procedural defenses  

Alibi

The claim that the defendant could not have committed the crime because he or she was elsewhere at the time. Based upon the premise that the defendant is truly innocent. witnesses and documentation

Justifications 

The defendant admits to committing the act but claims that it was necessary to avoid some greater evil. Conduct that person believes is necessary to avoid harm to himself or herself is justifiable if the harm the person is trying to avoid is greater than the harm that may be caused by his or her conduct. Equal forces facing an equal force  

Justification sub-categories

Self-defense, defense of others, defense of home and property, necessity, consent

self-defense

The defendant needed to inflict harm on another to ensure his or her own safety in the face of near-certain injury or death, reasonable force 

Excuses

Defenses claiming that the individual engaged in the unlawful behavior was, at the time, not legally responsible for his or her actions and should not be held responsible under the law, can include disabilities 

Duress