Criminal Procedures -- Quiz 1

Statutory law

Law passed by the U.S. Congress or state legislatures

Common Law

Law that is not based on customs but is written into statues or cases (by the legislature) -- past court rulings

Substantive law

Law that defines, describes, regulates, and creates legal rights and obligations.

Procedural law

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

Precedent/stare decisis

The doctrine of precedents, and judicial decisions provide a basis for deciding future cases that are similar. Older cases set a standard that must be adhered to in future cases that are similar.

Malum en se

Strictly inherently evil (ex. murder, rape etc)

Malum prohibita

Not inherently evil, bad or wrong but still poses a threat to public safety (ex. Traffic offenses)

Adversary system

Two sides= Prosecutor and defense , have free and equal access to the same resources and information, compete in open court to find the legal truth

The burdens of proof

1. Reasonable Doubt

2. Clear and Convincing

3. Preponderance of evidence

4. Probable cause

5. Reasonable suspicion

6. No evidence

Reasonable suspicion (BoP)

Florida, Standard Jury Instructions in Criminal Cases (1997): "A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt." "you must find the defendant not guilty because the doubt is reasonable."

Probable cause (BoP)

Reasonable and trustworthy information that a particular person has committed a particular crime.

Beyond a reasonable doubt (BoP)

There is no other reasonable explanation that can come from the evidence presented at trial.

4th Amendment

Protection against Unreasonable Search and Seizure

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

8th Amendment

No cruel or unusual punishment

Which amendments are included in the Bill of rights?

First 10 amendments to the constitution

Difference between an accessory and a principle

Accessory: Individuals who after a felony has been committed to knowingly and willingly harbor, concealing, and aid a principal in such a felony with the intent of having the principal avoid escape liability

Principal: Individuals involved in the commission of crime whether it is a felony or misdemeanor and whether they directly committed the crime or aided and abetted the commission of the crime.

The degrees of crime and the available punishments

Felony: punishable by execution or imprisonment
Misdemeanor: punishable by fine or up to 1 yr in jail
Violation: punishable by law

Exclusionary Rule

prohibits the use of illegally obtained evidence in a criminal trial ( violation of 4th, 5th, and 8th amendment rights). Its purpose is to deter the government from violating a person's constitutional rights. "police the police" (ex MAPP V. OHIO)

Fruit of the Poisonous Tree

Not only must illegally obtained evidence be excluded but also all evidence derived or obtained from the exploitation of that evidence because it is "tainted fruit". Its purpose is to deter police from illegally obtaining and infringing on constitutional rights.

Grand Jury vs. Trial Jury

Grand Jury - decide if a person should be charged with a crime / if case should be brought to trial in the first place (indictment)

Trial Jury - decide if a person is innocent or guilty (innocence/guilt)