Criminal law and procedure: Final study guide

Gideon v. Wainwright (1963)

The Supreme Court ruled that the Sixth Amendment's right to legal counsel applies to states, guaranteeing free legal representation to indigent defendants in state criminal trials.

Mapp v. Ohio (1961)

The Supreme Court declared that evidence obtained in violation of the Constitution could not be used in state or federal criminal proceedings.

Terry v. Ohio (1968)

The U.S. Supreme Court established the legal standard for "stop and frisk" procedures by police officers.

Miranda v. Arizona (1966)

The Supreme Court ruled that law enforcement must inform suspects of their constitutional rights before questioning them in custody

Batson v. Kentucky (1986)

The U.S. Supreme Court ruled that a prosecutor cannot use peremptory challenges during jury selection to remove potential jurors based on race, as this violates the Equal Protection Clause of the Fourteenth Amendment

Res Ipsa loquitur test (Unequivocality test)

Looks at crimes individually and finds an act, a certain point in time, which indicates that the defendant has “no other purpose than the commission of that specific crime.”

Proximity test

Examines what acts have been taken and what acts are left to be taken to complete the crime.

Substantial step

An action taken toward committing a crime, but not mere preparation, that strongly indicates the intent to complete the crime.

The foundational test

A test that assesses fundamental knowledge and skills, often used for entry-level positions or to determine readiness for specific area of study or profession.

The Racketeer Influenced and Corrupt Organizations Act and Continuing Criminal Enterprise are examples of this type of law

Conspirator laws

Conspiracy

Agreement between two or more persons to commit an unlawful act or a lawful act in an unlawful manner

Solicitation

Encouraging, requesting, or commanding of another to commit a crime

Attempt

The intentional, but incomplete, commission of a crime

Sel-defense

The defense of one's person or interests, especially through the use of physical force, which is permitted in certain cases as an answer to a charge of violent crime.

Alibi

a defense of having been somewhere other than at the scene of a crime at the time the crime was committed.

Duress

A defense where a defendant claims they were forced to commit a crime due to a threat of immediate death or serious bodily harm.

Transactional immunity

Shields witnesses from prosecution for all offenses related to their testimony. Gives more protection to the witness than is required by the Constitution, so when it is granted, a witness may be ordered to testify.

Affirmative defense

Legal strategy in which a defendant raises new facts or circumstances to negate the plaintiff's or prosecutor's claim, even if the plaintiff's allegations are proven true.

Burden of proof

The obligation in a legal case to prove allegations by presenting strong supporting evidence

Burden of persuasion

Refers to convincing the court that the issue raised is true.

Burden of production

Refers to raising an issue and to introducing evidence to establish the legitimacy of the issue.

A person who becomes insane after being sentenced to death cannot be put to death until their sanity is regained. This falls under what right?

The eighth amendment

Crimes such as this have no statute of limitations

Capital murder, terrorism resulting in death or serious bodily injury, and sexual offenses against children.

Necessity

Requires an action that would otherwise be illegal or expose one to a tort liability

Insanity

incapable of forming a rational purpose or intent

Duty to retreat

A legal principle that requires an individual to try and avoid a confrontation by escaping a threatening situation before using force, especially deadly force, in self-defense.

Castle doctrine aka stand your ground

Reflects the idea that the home is a very special place, a venue that is inviolable by outsiders, and where the residents can feel their safest and live free from intrusion.

What do Castle doctrine statutes include?

• Repeal of the common law retreat doctrine for lawful residents of homes who use deadly force against an intruder into the home.

• The creation of a presumption that intruders are a threat to life or limb.

• Immunity from criminal and civil liability for residents of homes who use deadly force on intruders.

Jeopardy attachment

The point at which a person is considered to be at risk of criminal liability, triggering the protections against double jeopardy

Due process

The legal requirement that the government must follow established rules and procedures when it takes actions that affect a person's life, liberty, or property. Requires that defendants be able to assist in their defense and understand the proceedings

Dual sovereignty doctrine

Allows the federal government and a state government (or two different states) to prosecute the same individual for the same conduct without violating the Double Jeopardy Clause of the U.S. Constitution.

Vagueness

A law is unconstitutional if it is so unclear and imprecise that it fails to give people fair notice of what conduct is prohibited, and it delegates excessive discretion to law enforcement and judges, potentially leading to arbitrary enforcement.

Equal protection

The constitutional guarantee that all individuals and groups within a jurisdiction are treated the same under the law, regardless of their race, ethnicity, gender, or other protected characteristics.

Overbreadth

A law or regulation that is so broadly written that it restricts not only unprotected speech but also a substantial amount of constitutionally protected expression.

Ignorance of the law

A legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.

The accusatorial nature of our system

The government must prove its case against the accused by a process of adversarial proceedings.

The due process model of criminal justice

Prioritizes the rights of the accused and emphasizes fair, impartial procedures to ensure justice.

What do police officers function as?

Police officers are the front line of the criminal justice system, and function as the first level of case screening

Fundamental fairness

Refers to the principle that legal proceedings and government actions must be conducted in a way that is just, equitable, and reasonable. Those rights that are “fundamental” and “essential to an ordered liberty” are incorporated through this approach.

Total incorporation

Who included Supreme Court Associate Justice Black, argue that the entire Bill of Rights is incorporated by the Fourteenth Amendment and that all the rights contained therein may be asserted by defendants in both state and federal courts.

Selective incorporation

A right is incorporated under this doctrine if it is both fundamental and essential to the concept of ordered liberty.

Independent content

Under this theory, the Fourteenth Amendment’s Due Process Clause does not include any right found in the Bill of Rights; that is, due process does not overlap with the Bill of Rights.

What must the defendant have before trying to have evidence suppressed?

legal standing

Which of the bill of rights has not been incorporated to the states?

All of them have

What test is used to determine if an admission was voluntary?

Totality of the circumstances

The two requirements for a Miranda warning to be required?

• when a suspect is in custody.

• When a suspect is subjected to an interrogation

Probable cause is needed for what to occur?

To make arrest, obtain search warrants, and conduct searches

The 6th amendment right to counsel extended to state felony proceedings in this case

Gideon v. Wainwright (1963)

A jury pool is called?

Venire

2 ways a juror can be removed from the jury?

• Peremptory challenge

• Challenged for cause

The speedy trial rule and sentencing

The Speedy Trial Act of 1974 guarantees the right to a speedy trial in federal criminal cases. Involves a judge determining the punishment for a convicted defendant