Criminal Justice EPOA pt. 1

Who gets to object?

Prosecuting Attorneys and Defense Attorneys (Attorneys/lawyers)

What is an objection?

A statement of opposition

Why do we have objection?

1) Keeps testimony fair and honest

2) Protects your witness

3) Ensures proper questioning

4) Eliminate waste of time

Who decides on each objection?

The Judge (the referee)

What are the types of ruling objections?

-Sustained: The judge agrees with the objection and will not allow the action to continue

-Overruled: The judge does not agree with the objection and will allow the action to continue

(This one)

How do you object?

-Be quick

-Stand up

-Do not ramble

-Speak to the Judge

Objection Ambiguous

When the question could have more than one way of understanding

Objection Argumentative

Challenges the witness about how or what they have testified

Objection Asked and Answered/Repetitive

-The witness had already answered the question

-Asking the same question but phrasing it in a different way.

Objection Compound

Asking two questions in one sentence

Objection General

A question that is too broad or unspecific

Objection Hearsay

A witness can't testify to something they didn't see or witness (she said, he said)

Objection leading

Persuading an answer from a witness or wanting a certain response

Objection Irrelevant/Relevance

Questions or answers that have nothing to do with the trial

Objection Speculation (guessing)

Invites the witness to guess an answer or why or how and event took place.

Objection Opinion

Using their own feeling and expressing their own opinion.

Objection Narrative

A series of events answer (rambling)

Objection Assume/Facts not Evidence

A question is worded to assume the guilt

Actus Reus

The actual criminal act (guilty act)

Mens Rea

The intent to commit a crime. The mental state a person must have been in while committing a crime for it to be in to be intentional

What are the three branches of government?

1) Legislative (makes laws)

2) Executive (police)

3) Judicial(courts)

Two types of defenses

1) Self-defense

2) Affirmative defense

Judge and their functions

1) Rules on admissibility of evidence

2) Instruct jury on the law

3) Sentence (Criminal)

4) Decision (Civil)

(this one idk how to change it )

What are the two types of court actions?

Criminal and Civil

What is a grand jury?

A jury that determines whether there is enough evidence to justify a trial. Max 23 people, 12 must vote for indictment.

What is a Quorum?

The minimum number of members of an assembly or society that must be present at any of its meetings to make any official decisions or business to be valid and legal

What is something that can only be looked at by a Grand Jury and then indicted?

A felony

What is an indictment? (relates to the Grand Jury)

A piece of paper by the grand jury stating that there is enough evidence (probably cause) to believe someone committed a serious crime, allowing criminal charges to proceed.

Beyond Reasonable Doubt is...

the highest level of proof of evidence

Clear and Convincing is...

a higher standard of evidence, but lower than beyond a reasonable doubt.

Preponderance of evidence is...

the level of proof in civil cases; more than half the evidence supports the allegations of one side

Probable Cause is...

when there is sufficient evidence that the suspect was involved in a crime.

Reasonable Suspicion is...

when there is evidence that justifies an officer in stopping and questioning an individual believed to be involved in criminal activity

Scintilla is...

when there is a tiny trace or a hint of a piece of evidence

No Evidence is...

when there is no trace of evidence whatsoever

What is Nolo Contedere?

A plea of no contest or when a defendant accepts conviction and punishment without admitting guilt.

OHSA stands for...

Occupational Safety and Health Administration

Identify the levels of the Force Continuum

1. Officer Presence

2. Verbalization

3. Empty hand control

4. Less lethal

5. Lethal

What are the Bill of Rights? (Don't make a list)

First 10 Amendments

1st amendment

The freedom of speech, religion, press, assembly, and petition

2nd amendment

The right for the people to keep and bear arms, as well as to maintain a militia

3rd amendment

No quartering of soldiers

4th amendment

Protects against unreasonable searches and seizures.

5th amendment

The right to remain silent, due process, double jeopardy, self-incrimination, and eminent domain (compensation)

6th amendment

Right to a speedy and public trial by impartial jury and other rights of the accused

7th amendment

Right to a civil trial by jury

8th amendment

No cruel or unusual punishment, no excessive bail

9th amendment

Protection of rights not specifically enumerated in the Bill of Rights

10th Amendment

Rights and powers to the state and people

What is a Plain View Doctrine?

An exception to the warrant requirement which allows an officer lawfully present to seize evidence or contraband which can be seen in plain view.

Most criminal statutes are removed, added or modified by the _______ branch of government

Legislative

Most law enforcement agencies fall under the _________ branch of government.

Executive

Crimes against the person agencies fall under the ____________ branch of government.

Executive

Crimes against the person include murder, rape, robbery, and ....

assault

A ______ is a crime punishable by at least one year in prison.

felony

Legal term for a civil or personal wrong?

A tort

Terry v. Ohio (1968)

Supreme Court decision endorsing police officers' authority to stop and frisk (pat down) suspects on the streets when there is reasonable suspicion that they are armed and involved in criminal activity.

Mapp v. Ohio (1961)

Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism.

Carroll v. U.S. (1925)

Search a vehicle for contraband if probable cause exists.

Katz v. US (1967)

The government cannot tap your phone without a warrant.

Schenck vs. United States 1919

Ruled that speech creating a 'clear and present danger' is not protected by the first amendment; the government can limit freedom in times of war

United States vs. Nixon (1974)

No person is above law, and the president can't use executive privilege as an excuse to withhold evidence from a trial.

Texas vs. Johnson (1989)

Ruled that a person has a constitutional right to burn the american flag.

Plessy vs Ferguson (1896)

Supreme Court Case that upheld Jim Crow segregation laws as legal so as they were "separate but equal".

Miranda vs. Arizona

The accused must be notified of their rights/Miranda rights before being questioned by the police.

Gideon vs. Wainwright (1963)

State courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys.

Nix vs. Williams (1984)

Legal decision in which the Supreme Court created the "inevitable discovery" exception to the exclusionary rule.

Gregg vs. Georgia (1984)

The death penalty is not cruel and unusual punishment for extreme cases.

McCulloch v. Maryland (1819)

Federal law is stronger than the state law, and state laws can't interfere with federal laws.

Brown vs. Board of Education of Topeka (1954)

The court decision that declared that "separate but equal" is inherently unequal. Ordered the integration of all public schools.

Roe vs. Wade (1973)

Legalized abortion of a pregnancy in the first three months of a pregnancy

Planned Parenthood vs. Casey (1992)

allowed the regulation of abortion if it was not an undue burden on the mother.

Castle Doctrine

A legal doctrine that allows the use of lethal force without retreating if attacked in your own home.

AI Qaeda (1988-Present)

Terrorist organization formed by Osama bin Laden.

Domestic Terrorist

homegrown terrorist

Based on "reasonable suspicion" an officer may ....

frisk a suspect for weapons.

Modus Operandi

method of operating

Corpus Delicti

facts proving that a crime has been committed; body of the victim in a murder case

Miranda v. Arizona (1966)

The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent. (self incrimination)

Oliver vs. United States

• Open Fields Doctrine

• CANNOT search yard immediately surrounding a house without warrant or specific justification for warrantless search

• CAN search if criminal evidence is visible on property

Minnesota vs. Dickerson (1993)

During frisk of outside clothing, officer may remove a weapon or contraband if immediately apparent.

Chimel v. California (1969)

Allows warrantless searches for weapons and evidence in the immediate vicinity of people who are lawfully arrested

United States vs. Robinson

Police officers can conduct a full body search of a person (even when it's warrantless) under lawful custodial arrest, even if that arrest is for a traffic violation.

Kentucky vs. King (2011)

Police officers can use the exigent (demanding) circumstances justification to conduct a warrantless search even when their own actions. (Such as knocking loudly on the wrong door in an apartment building, lead to the sounds inside the dwelling that trigger the belief in the necessity of an immediate search).

United States vs. Drayton

Police are not required to inform people of their right to decline when police ask for consent to search

Maryland vs. Wilson

During traffic stops, officers may order passengers as well as the driver to exit the vehicle, even if there is no basis for suspicion that the passengers engaged in any wrongdoing

Knowles vs. Iowa

Police cannot search a person's vehicle without that person's consent if they are not in custody. There must be reasonable suspicion or probable cause.

Brown vs. Mississippi (1936)

Use of force/violence/physical abuse in obtaining a confession will make the confession not valid.

Weeks vs. United States (1914)

Evidence obtained illegally may not be used against a defendant in trial

Herring vs. United States

when officers act in good faith reliance on computerized records concerning outstanding warrants, evidence found in a search incident to arrest is admissible even if the arrest was based on an erroneous record that wrongly indicated the existence of a warrant

Burden of proof to arrest

Probable cause

Courts that review lower courts are called...

Appellate

A written order to appear in court is called…

Subpoena

(this one)

Never submit a loaded gun to the laboratory, unless...

it is delivered in person

A firearm should always be treated as if it is...

loaded

When arresting a suspect known to have tuberculosis, the officer should...

wear a mask

In managing prisons and jails, one recent innovation is to operate them...

through private companies

A _____ is a legal document ordering a person to testify in a court of law as a witness.

subpoena