CJC 323 Quiz 3

what is the exclusionary rule

prevents illegally obtained evidence from being used in court

what civil remedies exist for police misconduct (under civil rights act of 1871/section 1983)

civil suits for compensatory/punitive damages

who can be sued under section 1983

state/local officers, supervisors, city government officials

who pays damages in civil suits against officers

taxpayers (indemnification: not out of officer’s pocket)

what 3 elements must be shown for a 1983 claim

color of law, violation of constitutional rights, qualified immunity hurdle

what standard of proof is required for 1983

preponderance of the evidence

can defendants sue for violations of state constitutions under 1983

no

examples of claims allowed under 1983

false arrest, evidence fabrication, concealing evidence, excessive force

what is qualified immunity

officers are liable only if they violate a clearly established constitutional right

Harlow v. Fitzgerald

created 2 part test for qualified immunity

what are the two parts of the test for qualified immunity

was a constitutional right violated. was that right clearly established

who has absolute immunity

judges and prosecutors

Kisela v. Hughes

shot through fence. officer received qualified immunity

Connick v. Thompson

one brady violation did not indicate a pattern of misconduct. DA office not liable

what triggers a probable cause hearing

a warrantless arrest

Riverside v. McLaughlin

probable cause must be reviewed within 48 hours

purpose of first appearances

inform charges, rights, bail, appoint counsel

what does the 8th amendment say regarding bail

bail cannot be excessive

bail reform act of 1984

release is default unless flight risk or danger to community

what type of detention requires clear and convincing evidence

preventive detention for public safety

illinois bail reform

abolished cash bail (pretrial fairness act)

whats the highest standard of proof

beyond a reasonable doubt

what is the second highest standard of proof

clear and convincing

whats the middle standard of proof

preponderance of evidence

whats the second lowest standard of proof

probable cause

whats the lowest standard of proof

reasonable suspicion

US v. Salerno

preventive detention is constitutional. bail is not guaranteed only excessiveness

Bell v. Wolfish

pretrial conditions ok if not excessive

when does the right to counsel begin

at initiation of judicial proceedings

Argersinger v. Hamlin

no imprisonment without counsel

Scott v. IL

if only a fine imposed, no right to counsel

what percentage of criminal defendants are indigent

over 80%

what are the two prongs of the Strickland test

deficient performance, prejudice affecting outcome

Buck v. Davis

counsel’s racial bias violated right to effective counsel

Gideon v. Wainwright

6th amendment guarantees right to counsel in state courts

what is a preliminary hearing

mini-trial to determine probable cause

in terms of the people present, how does the grand jury hearing differ from the preliminary hearing (in that order)

prosecutor controlled, no defense present vs. adversarial, defense present, open

what are the outcomes of the grand jury hearing

true bill, no bill, presentment

what is the purpose of arraignment

defendant enters plea

some exceptions to double jeapordy

civil+criminal for same act, mistrial/hung jury, overturned conviction, dual sovereignty

what protects speedy trial rights

14th amendment due process

speedy trial act (federal) timeline:

indictment within 30 days, trial within 70

Sheppard v. Maxwell

excessive public media can deny fair trial

when is a jury required

for offenses punishable by more than 6 months incarceration

jury size requirements

6 members minimum

Ballew v. GA

juries of less than 6 are unconstitutional

venire jury

must reflect cross-section of community

voir dire

questioning to remove biased jurors

peremptory challenges

can dismiss without explanation, but not for race/gender

Flowers v. MS

racial discrimination in jury selection is unconstitutional

what is the trial order

opening statements, prosecution case, defense case, closing arguments

what does the 6th amendment guarantee in regards to witnesses

the right to confront witnesses

hearsay rule says

testifying to statements made outside court is generally barred

what are some exceptions to hearsay

unavailable witness reliability, homicide victim statements, supports defendants defense

what rights must defendant waive when pleading guilty

rights against self-incrimination, right to trial, right to confront witness

NC v. Alford

a defendant may plead guilty while maintaining innocence if plea is voluntary and factual

who cannot be sued under 1983

federal officers (Bivens actions)

what is the preventative detention standard

clear and convincing evidence that no conditions will protect public

whats the absolute immunity justification

to protect decision-making and avoid chilling judicial function

when are jury instructions delivered and for what

before deliberation to define burden of proof + legal terms

when are the 2 times that jurors can speak about deliberations

outside influence, prejudicial information