Criminal Justice - 4th & 5th amendment

affidavit

written statement of facts sworn or made under oath

search warrant

signed by judge

warrantless searches (7)

ASCPHVE

1. part of/incident to lawful arrest

2. stop and frisk - pat down/search outer clothing of someone acting suspiciously

3. consent

4. plain view - evidence is in plain sight

5. hot pursuit

6. vehicle searches - to search there must be probable cause that a vehicle contains contraband

7. exigency or emergency

exclusionary rule

a legal rule that (generally) prohibits the use of illegally obtained evidence against the defendant at trial

exclusionary rule (purpose)

protection of innocents against illegal searches caused by malice, sloppiness, or an excess of zeal

qualified immunity (a.k.a “the good faith defense”)

protects a government official from lawsuits alleging that the official violated a plaintiff’s rights (protection only allows suits where officials violated a “clearly established” stationary or constitutional right)

good cause

legally sufficient reason for a ruling as other action by judge

constable

an officer of the peace, having police and minor judicial function, usually in a small town/county

(1) grand jury indictment

gives civilian defendants accused of a crime the right to a grand jury

indictment

to charge with a fault or offense; accuse

grand jury

(6-23 people) a group of citizens that investigate the evidence of a crime and decide whether or not there is enough evidence to send someone to trial

trial/petit jury

(6-12 people) decides whether the accused is guilty of the crime

(2) double jeopardy

prevents the government from retrying a case in which the accused has been acquitted (doesn’t apply when a jury can’t reach a verdict or if the appeals court grants the defendant a new trial).

(3) self-incrimination

protects people from being forced to testify against themselves

system of accusation

government must find evidence to prove its case

voluntary confessions

confessions admitted must be voluntary and not coerced

non-testimonial/physical evidence

5th amendment does not prohibit the government from requiring a defendant to provide non-testimonial evidence

(4) due process

government must be fair in its actions in criminal and civil cases

procedural due process

protects individuals during govt. proceedings. rights:

1. The right to an unbiased trial (fair, non-discriminatory trial by jury)

2. The right to the individual to be aware of evidence against them

3. The right to present evidence and call witnesses

4. The right to be represented by counsel The right to cross-examine witnesses for the opposition

(5) just compensation

The fifth amendment restricts “eminent domain” (place of dwelling/where you reside), the government’s power to take private property for public use (eg. park highway, public transport, ect.), by requiring the government to pay a fair price for property it takes.