Criminal Procedure: Digital Age Preview - Chapter 1

A set of practice flashcards covering key concepts from the lecture notes on Criminal Procedure and the digital age, including balancing, ideals, the justice flow, notable cases, and snapshots.

What is balancing in criminal procedure as described in the notes?

Balancing public safety for the whole community with the liberty and privacy of every individual; weighing society's interest in investigating and convicting crime against protecting individuals' rights.

What does Proportionality mean in the context of using state power in criminal procedure?

Using no more state power and resources than necessary to achieve the proper purpose, with actions being rationally related, having no better alternatives, and achieving balance.

What does Equal justice entail in the criminal procedure ideals?

Impartial treatment of innocent and guilty individuals by law enforcement, prosecutors, and judges and beyond.

What does Accuracy entail in the ideals of criminal procedure?

Avoiding errors of justice, preventing harassing or sanctioning innocent people, and ensuring culpable offenders are sanctioned.

What is Evidence-based decision making and its two types?

Decision making that relies on legal evidence (facts and circumstances required to justify state action) and empirical evidence (research on policy effectiveness).

What does Adversarial mean in the context of criminal procedure ideals?

Defendants should have the opportunity to be represented by lawyers at crucial points in the criminal justice process.

What does Participation refer to in the ideals?

A strong commitment to participation by citizens on juries.

What is the role of Appeals in the ideals of criminal procedure?

Ensuring that a defendant’s freedom is not dependent on a single judge or jury and providing a mechanism to review convictions for legality.

What is Justice as an ideal in criminal procedure?

Goals to provide justice for defendants and victims and to help ensure a just society.

List the seven stages of the Criminal Justice Flow as shown in the notes.

1) Investigation (S&S with warrants or warrantless; interrogation/interview; ID) 2) Arrest 3) Post Arrest 4) Formal Charging 5) Pre-trial 6) Trial 7) S.A.P.

What is the significance of U.S. v Apple (2016) in the context of the balancing ideal?

It illustrates the balancing debate between national security/privacy and technological access, highlighting the tension among government interests and corporate/encryption concerns.

What documents are included when the Case enters the Criminal Process?

The Order to compel Apple to assist the government; FBI Motion to Compel; Apple, Inc.’s Motion to Vacate the Order Compelling Apple to Assist the FBI.

What happened at the March 22 hearing regarding Farook’s iPhone?

The hearing did not take place; the government broke into Farook’s iPhone with the help of an undisclosed private entity.

What are some examples listed under CRIMINAL PROCEDURE SNAPSHOTS?

Ferguson, MO police shooting (Aug. 9, 2014); Malheur National Wildlife Refuge occupation (Feb. 1, 2016); Breonna Taylor search warrant; Apple, Inc.’s communications (Feb. 16, 2016).

What are the two types of evidence referenced in Evidence-based decision making?

Legal evidence (facts and circumstances required to justify state action) and empirical evidence (basic research and policy research on effectiveness).

What is the Balancing Ideal as described in the final page?

Balancing community security and public safety with individual privacy; at the process end, a commitment to fair dealing with suspects, defendants, and offenders; balancing process and outcome can be controversial.

Why study Crim Pro?

Practical usefulness, understanding rights as a member of society, professional guidance, giving texture to the Constitution, insight into judicial decisions, understanding public policy, and considering whether the Constitution is rigid or pliable.