Criminal Justice Final

What is the Fruit of the poisonous tree?

If one piece of evidence that was found illegally led to finding another piece of evidence, then both are suppressed.

What is the exclusionary rule?

illegally obtained evidence is excluded from trial

Under Tennessee v. Garner, when can a police use deadly force?

police cannot shoot a fleeing felon unless there is an immediate threat to life.

Deadly force ONLY if suspect poses an immediate threat to life

What is Duty to intervene?

Police must intervene if another officer is doing something illegal → must report it.

What happens if there is failure to intervene?

Civil liability o Departmental discipline o Criminal charges in extreme cases

what is civil liability?

legal obligation to another person or entity for harm or loss caused by your actions

What is a warrant clause?

Warrants must:

o Be based on probable cause

o Name the place to be searched

o Describe what/who is to be seized

What is  Administrative punishment?

non-criminal penalties imposed by government agencies for violating specific rules (suspension, termination)

What is the Brady rule?

Prosecutors must disclose exculpatory evidence (evidence in favor that the defendant is not guilty)

what is the 14th amendment?

Due Process & Equal Protection (states must treat all people fairly)

What is Due Process?

a chance to defend their rights and to have a fair hearing

What is equal protection?

treat similarly situated people alike and preventing arbitrary discrimination

If police violate 4th Amendment rights by conducting search and seizure, what happens?

Evidence is discarded by exclusionary rule

Is overcrowding cruel and unusual?

Not by itself

If you get prison time for a crime, is that importation or deprivation?

Deprivation

What is deprivation?

the loss of fundamental rights, freedoms, or necessities due to incarceration or official misconduct

What is an appellate court?

A court that reviews decisions made by trial courts to determine whether legal errors occurred.

What are facts of a case?

trials, hearings, court sponsored alternative dispute resolution programs, ceremonies and other public programs or activities conducted by the Court

Do appellate courts look at facts of a case?

No, only at proceedings

What are the sixth amendment right?

Right to counsel

• Speedy & public trial (case to trial asap)

• Effective assistance (competent lawyer)

what is the burden of proof? (14th amendment)

a party in a case to present enough evidence to prove their claims or allegations (Beyond a reasonable doubt)

How to think through questions

• Identify right

• Identify legal standard

• Apply facts

Bail vs. right to bail

Bail-money or security given to the court to release a defendant from jail, ensuring they attend court dates

General deterence

General- punishing convicted criminals sends a message to the public, discouraging others from committing similar crimes by showing them the severe consequences they could face

Specific deterence

punishing an individual offender for their crime will stop that specific person from reoffending in the future

Know who Sykes is and what he did + what he suggested

1. Shifted focus to the inmate experience
Sykes argued that punishment is not just the loss of freedom. Prisoners endure a set of distinct, systematic hardships he called the pains of imprisonment:

• Deprivation of liberty

• Deprivation of goods and services

• Deprivation of heterosexual relationships

• Deprivation of autonomy

• Deprivation of security

Difference between original jurisdiction

Original-Initial trial where a case is heard for the first time

Ruling in Roper v. Simmons and In re Gault

No death penalty for juveniles

juveniles receive due process rights

Aggravating and mitigating circumstances

Increased sentence vs decreased sentence

Different types of corruption

Pervasive, etc.

 Rotten Pocket - Small group of corrupt officers  Pervasive Unorganized Corruption - Widespread but not coordinated

 Pervasive Organized Corruption - Systemic and leadership-driven