Criminal Justice 1010 Final Exam Review

What does the 5th Amendment cover?

self-incrimination, double jeopardy (right to remain silent)

What does the 5th Amendment not cover?

blood samples or handwriting samples

Who tells the arrested their Miranda Rights?

The police inform you of them upon arrest before questioning

What are the Miranda Rights?

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed to you. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand these rights as they’ve been read to you?”

What is the landmark case that set the precedent for informing people of their rights?

Miranda v Arizona 1966

What are the two legal triggers for Miranda Rights?

Custody and interrogation

After invoking your Miranda Rights, what must police do?

Cease questioning and try again when your attorney is present

What is a lineup?

When police get a witness to identify a suspect

What is a photo lineup also called?

6 pack

What are the rights/rules in a line up?

Must be fair, similar physical characteristics, not misleading, investigators cannot participate, and cannot state that the suspect is in the line up

What is one of the leading causes of wrongful conviction"?

Faulty ID

What does the 6th Amendment cover?

Right to Counsel

What 6th Amendment landmark case sets the precedent for right to counsel in all capital cases?

Powell v Alabama 1932

What 6th Amendment landmark case sets the precedent for right to counsel in any felony?

Gideon v Wainright 1963

What 6th Amendment landmark case sets the precedent for right to counsel in misdemeanor cases if facing possible incarceration?

Argersinger v Hamlin 1973

What 6th Amendment landmark case sets the precedent for not allowing the freezing of assets to the extent of not being able to afford an attorney?

Luis v United States 2016

What kind of system does the US have?

Adversarial system where the opponents are the prosecutor and the defendant

What are the components of the adversarial system?

Prosecutor vs defendant, mediator is the judge, jury decides the outcome

What is the purpose of trial?

Determine the truth

What kind of system is concerned with excessive government power? Who follows it?

The Dual Court System. The Federal and State court systems

What did the Constitutional Convention of 1787 accomplish?

Created the federal judiciary as a separate branch of government

What is jurisdiction?

Authority of court to hear a case

What is the state court system from the bottom to the top?

Courts of limited jurisdiction, state district court, Intermediate Court of Appeals, State Supreme Court (Court of Last Resort)

What are the five kinds of searches can be conducted without a warrant?

Plain view, automobiles, incident to lawful arrest, consented searches, and a Terry stop (reasonable suspicion)

What does the Fourth Amendment include?

Protects individuals from unreasonable searches and seizures by the government

What rights do the Sixth Amendment protect?

Right to a speedy and public trial, right to an impartial jury, right to be informed of the charges against them, right to confront witnesses, right to legal representation

What rights do the 8th Amendment protect?

Protection against excessive bail/fines and protection against cruel/unusual punishments

What is the Carroll Doctrine? What are the two stipulations?

In Carroll vs. US (1925), the Court ruled that search and seizure was valid under probably cause. The two stipulations are that, if there had been enough time, a search warrant would have been issued and urgent circumstances must exist that require immediate action

What did Katz vs. US (1967) rule when it comes to electronic surveillance?

Any form of electronic surveillance, including wiretapping, is a search and violates a reasonable expectation of privacy

What is probable cause?

A reasonable basis to believe that a crime has been, is about to be, committed by a particular person

What is the exclusionary rule? What is the landmark case that affects it?

Evidence obtained improperly cannot be used against the accused at trial. Mapp vs. Ohio (1961)

What is the Speedy Trial Act of 1974? What does it require? If not followed, what happens?

A federal law that establishes specific time limits for different stages of a criminal prosecution in federal court. Federal prosecutors have 100 days to go from arrest to trial. Indictment must be filed 30 days after the arrest and trial must commence within 70 days of the filing. If not followed, it is grounds for an appeal or dismissal of charges

What is the first step of the criminal justice system?

Arrest

What is initial appearance/hearing? Have defendants entered a plea at this point?

Reasonable amount of time after arrest, this takes place (72 hours in Louisiana). Judge gives defendant formal notice of the charges and advises suspect of their rights. Judge also sets bail and reviews evidence to see if there is probable cause to continue. Defendants usually haven’t entered a plea

What is bail? is it a right?

It allows defendants to remain out of jail while awaiting trial and work on a defense. It is not a right guaranteed by the constitution and some states don’t allow it. There is usually a hearing as a part of initial appearance.

What must a judge consider when determining bail? How can you make bail?

They must consider flight risk, defendant’s criminal record, seriousness of the charges, and safety of the community. One can make bail using cash or bond. Some states require a bond through a bail bond company

What are some negative consequences of the bail system?

Bail is wrong because those who can’t afford bail stay there, leading to overcrowding in prisons.

What is a preliminary hearing? What can you not have both of?

It allows a judge to decide if there is probable cause/sufficient evidence to proceed to trial. Prosecutor offers evidence and testimony and the accused/their counsel to prepare for trial. One cannot have a this AND a grand jury hearing

What is a grand jury hearing?

Grand jury, a group chosen but not screened as heavily, reviews the evidence presented and determines if there is enough probable cause to proceed to trial. Only half of states use this routinely. They can either follow the indictment and bring formal charges or go to trial and enter plea bargaining

What is arraignment?

This is where the defendant enters a formal plea against their charges.

What are the different kind of pleas that one can enter at arraignment? What do they mean?

Guilty plea means sentenced immediately/sentencing hearing. Not guilty plea means the defendant goes to trial and forces the state to prove their case. a no contest plea/nolo contendre means the defendant accepts the punishment not guilty and is sentenced immediately at the sentencing hearing.

What is discovery? What do some jurisdictions have?

It is the exchange of information between prosecution and defense to show the truth and prevent bombshell evidence at the trial. Some jurisdictions have discovery master, a person who ensure both parties have a proper exchange of information

What does voir dire mean?

to speak the truth. It is a preliminary examination to determine if a person can be in a jury/an expert witness

What are the ten steps of a trial?

Opening statements, prosecution’s case, motion to dismiss, defense’s case, prosecution rebuttal, closing arguments, jury instructions, jury deliberations and verdict, post-trial motions/sentencing, and appeal

What are the levels in the federal court system from least to greatest?

Limited jurisdiction courts, federal district court, Circuit Court of Appeals, US Supreme Court

What is the difference between binding and persuasive precedent?

Biding precedent is a court decision that lower courts in that jurisdiction must follow, but persuasive precedent is a court decision that courts can follow. All decisions are binding in the Federal Circuit Court of Appeals but persuasive in all other courts.

Which Federal Circuit of Appeals is Louisiana in?

the Fifth

What are the types of plea bargaining and what do they consist of?

Charge bargaining is where you plead guilty to a lesser charge. Count bargaining is where one pleads guilty to some, but not all counts and the others are dropped.

What are the two types of challenges for jury selection? What is the amount of challenges one can get?

Challenges for cause, where one explains why a juror is inappropriate, and pre-emptory challenges, where one can dismiss someone without explaining why. Challenges for cause are infinite and pre-emptory challenges are infinite.

What are the excuse defenses?

Age, entrapment, involuntary intoxication, double jeopardy, mental illness/insanity

What are the tests to determine insanity?

right-wrong/M’Nanguten test or irresistible impulse test

What are the justification defenses?

Self-defense, necessity, duress

What are the four factors for the jury to conclude the duress justification defense?

The defendant was under an unlawful/immediate threat of serious bodily harm, they strongly believed the threat would be carried out, they had no reasonable legal alternative, and they did not recklessly or negligently place themself in the situation

What are the types of judicial selection methods?

Partisan elections, non-partisan elections, gubernatorial appointment, commission-based appointment, and legislative appointment or election

What are the challenges of being a judge?

Judicial leaning out of the bench, relationship strain, local pressure, mastering the law, sentencing (hardest part)

What does prosecutorial discretion/authority include?

It include whether or not to bring charges and what these charges will be, to make recommendations for bail and sentencing, whether or not to engage in plea bargaining, and to represent the government/people in criminal cases

What do prosecutors have? Why is this special?

Prosecutors cannot be sued for mishandling of cases. Prosecutors are the ONLY people who have this

What is the standard to prove ineffective counsel?

Reasonable probability that the attorney was deficient in this duties and as a result, the defendant lost their case

What are the types of indigent services? What do they consist of?

Public defenders, who are employed by a state as a full-time job. Assigned counsel, who are appointed at an as needed basis, part-time. Contract system, who are chosen by the government on a contract and bid on by law offices. Pro se, where you represent yourself.

What do the bailiffs do?

They provide court security and escort the jury and witnesses around

What do the clerk of courts do?

They keep all records, issue docket numbers of cases, manage jury subpoenas, keep evidence, administer oaths, and are usually elected

What do court reporters do?

They record all interactions (said or done) in courts/depositions and create the transcript

What are the four goals of punishment?

They are retribution, deterrence, rehabilitation, incapacitation

What are the factors that influence punishment?

Financial and societal cost vs. benefit, victim’s wishes, victim impact statements, and aggravating/mitigating circumstances

What are the punishment models?

The colonial model (Salem Witch Trials), the penitentiary model (isolation of society), the reformatory model (specialized institutions), the progressive model (probation as an alternative to incarceration), the medical model (view of incarcerated as mentally ill), the community model (community reintegration), and the crime control model (three strikes law),

What is the difference between determinate and indeterminate sentences?

Determinate sentences are a fixed amount of time, whereas indeterminate sentences are a range of time

What is the difference between concurrent and consecutive sentences?

Concurrent sentences has one serve their sentences at once, where as consecutive sentences has one serve their sentences one-after-another

What are the requirements for the death penalty?

Must be at least one aggravating circumstance proven (Gregg vs. Georgia) in a FELONY case, underage people cannot recieve the death penalty, and the victim miust die except in cases

What is the sentence reform act?

It was aimed to insure that similar crimes get similar sentences, taking some discretion away from federal judges

What are the federal security levels?

Minimum (7), low (42), medium (47-making it the most common), high (17) and administrative security (20)

What security level are supermax prisons?

Administrative security

What is the FIrst Step Act?

Federal statute under Trump aiming to better criminal justice outcomes and reduce federal prison populations. Prisoners can earn days of good time credit, requires BOP (Bureau of Prisons) to assist inmates in applying for benefits, and allows elderly/terminally ill to be placed on house arrest

What is the mission of correctional organizations?

to protect community and rehabilitate offenders

How many people are under correctional supervision in the US?

6.4 million

What are the four categories of inmate classification?

SECURITY LEVEL, CUSTODY, housing, and program

What are the differences between jails and prisons?

Jails are for less than a year and prisons are for over a year. Jails are where misdemeanors are served, but prisons are where felonies are served. Jails are where one is held in pre-trial if they don’t qualify for/can’t afford it. Jails are under sheriff’s office of municipality, but prisons are usually ran by state/private company

Do you need a warrant for a hidden mic?

No

Why are warrants for electronic surveillance narrow?

They are issued based on time of the warrant, who they would expect to hear, and the details of the conversation

What does an officer swear for a search warrant?

Affidavit

What is the main purpose of a defense attorney?

To protect the defendant’s rights

What indigent service does Louisiana use?

Public defender indigent service

What method of execution is used the most in the United States?

Lethal injection

What is required for all federal indictments?

grand jury hearing

What are some issues of trials going digital?

hacking, digital information divide, accessibility

Who are the gatekeepers of the criminal justice system? What do they have?

Prosecutors. Civil immunity

What does pro-se mean?

you represent yourself

How do judges maintain courtroom civility?

By reporting attorneys