The Criminal Justice System - Test 2

M'Naghten Rule

legal standard stating that a defendant is not responsible if, due to a mental disease or defect, they did not understand the nature and quality of the act or did not know it was wrong.

M'Naghten Rule main focus

cognitive ability to distinguish right from wrong

Durham Test - Durham v United States (1974)

legal standard stating that a defendant is not criminally responsible if their unlawful act was the product of a mental disease or defect.

ALI Standard (Model Penal Code Test)

person is not responsible if, due to mental illness, they lacked substantial capacity to appreciate the criminality of their conduct or to conform their conduct to the law.

How does the ALI Standard differ from the M'Naghten Rule?

The ALI Standard is broader & includes both cognitive and volitional components, while M'Naghten focuses only on cognition

current federal standard for insanity defense

defendant must prove they were unable to appreciate the nature and wrongfulness of their acts due to a severe mental disease or defect.

When can psychiatric evidence be introduced in a trial involving an insanity defense?

when the defendant intends to raise the defense or when the defense seeks to introduce expert testimony regarding mental disease or defect

Who bears the burden of proof in a federal insanity defense case?

The defendant bears the burden of proving insanity by clear and convincing evidence

What is the purpose of the "guilty but mentally ill" verdict?

to hold defendants criminally responsible while acknowledging their mental illness

general requirements to justify the use of deadly force

when a person has a reasonable belief that they are facing an imminent threat of serious bodily harm or death

What is the defense of self-defense and when may it be used?

a legal justification for using force to prevent imminent harm. It may be used when the force is reasonable and proportionate to the threat faced

Battered Woman (or Child) Syndrome

psychological condition resulting from prolonged abuse, often used to explain why a victim may not leave or may use force against their abuser

When does Battered Woman Syndrome apply?

It applies in cases where the defendant claims self-defense after experiencing chronic abuse, even if the threat was not immediate. The defense may help the jury understand the mental state of the defendant and support a self-defense claim by explaining the psychological impact of long-term abuse

Defense of Others

type of defense used when a person reasonably believes that another person is in imminent danger of harm and uses proportionate force to protect them

Defense of Property

type of defense used when it is necessary to prevent a malicious trespass or unlawful interference with property, and the force used is reasonable

What is a "spring gun"? When can it be used in defense of property?

a type of mechanical trap that fires when triggered; it is generally illegal because it uses indiscriminate force

Why does the law frown on mechanical devices in defense of property?

They can't assess threats or apply proportional force, risking harm to innocent people.

Defense of Habitation

type of defense used when one uses force to stop unlawful entry into a home; deadly force is allowed if the intruder poses a serious threat

What level of force can police use to apprehend suspects?

Police may use force that is objectively reasonable under the circumstances, including deadly force if the suspect poses an immediate threat of serious harm or death

When is mistake of law a defense?

Mistake of law is rarely a defense because everyone is presumed to know the law. “ignorance of the law is no excuse” means people can’t avoid liability by claiming they didn’t know something was illegal. May apply if the law was unpublished, misleading, or if the person relied on an official interpretation

Can the unconstitutionality of a statute be used as a defense?

Yes, if a statute is unconstitutional, it cannot be enforced. If a law is declared unconstitutional, the ruling may apply retroactively to cases not yet final

Mistake of Fact

type of defense used when it negates the required intent for a crime, such as mistakenly believing someone consented or that property belonged to them

The Fifth Amendment

protects against self-incrimination, double jeopardy, and ensures due process of law. Also supports immunity protections.

What constitutional amendment deals with double jeopardy?

The Fifth Amendment

Dual Sovereignty Doctrine

State and federal governments try someone for the same actions. Both can prosecute because they are separate systems

Statute of limitation

sets a time limit for prosecuting crimes. It begins when the crime occurs, “runs” during that time, and “tolls” (pauses) if the suspect is hiding or out of reach. Filing charges or indictments stops the clock

Entrapment

Occurs when law enforcement induces someone to commit a crime they weren’t predisposed to commit. The subjective test focuses on the defendant’s mindset; the objective test looks at police conduct.

Selective prosecution

type of defense used when a person is unfairly targeted based on race, religion, or another unjust factor, while others in similar situations are not prosecuted

Alibi

type of defense used that shows the defendant was elsewhere when the crime occurred. It is a negative defense because it denies the possibility of guilt

Duress

type of defense used when someone commits a crime under immediate threat of serious harm. Usually not applied to homicide

Necessity

type of defense used that justifies a crime committed to prevent greater harm

Consent

type of defense used if it negates an element of the crime in cases where the victim agreed to the act

What limitations does the 4th Amendment place on searches and seizures?

• Searches and seizures to be reasonable,

• needing a warrant based on probable cause.

• Evidence from unlawful searches may be excluded in court

The Fourth Amendment

Protects individuals from unreasonable searches and seizures by the government

To whom and when does the 4th Amendment apply?

Applies to government actors, including federal and state officials, and protects individuals when there is a government search or seizure that invades a reasonable expectation of privacy.

Does the 4th Amendment apply to private citizens? Can police use evidence from a private search?

The Fourth Amendment does not apply to private citizens unless they are acting as agents of the government. Police may use evidence from a private search if they did not direct or participate in the search.

Does the 4th Amendment protect abandoned property?

No, the Fourth Amendment does not protect abandoned property. Examples include trash left on the curb or items left in public spaces.

What is "curtilage" and how does it differ from "open fields"?

• Curtilage is the area immediately surrounding a home and is protected by the Fourth Amendment.

• Open fields, even if fenced or posted, are not protected because they do not carry a reasonable expectation of privacy

What constitutes a "seizure" under the 4th Amendment?

Occurs when the government meaningfully interferes with a person’s property or freedom

Reasonable Expectation of Privacy

When a person expects privacy in a situation society recognizes as reasonable. Justice Harlan’s test requires a subjective expectation of privacy and that society deems it objectively reasonable.

Does the 4th Amendment protect places?

It protects people, not places, but applies to places where people have a reasonable expectation of privacy.

Requirements for a search warrant

• Probable cause

• affidavit, which must describe the place and items to be searched

Supporting Affidavit for a Warrant

sworn statement by law enforcement outlining facts that establish probable cause for the search

Hearsay evidence

out-of-court statement offered to prove the truth of the matter asserted. This type of evidence can’t be cross-examined

Anticipatory Search Warrant

type of warrant issued before evidence arrives at a location, based on probable cause that it will be there in the future. Becomes valid once a triggering condition occurs.

What is "plain view"?

Allows police to seize evidence without a warrant if they are lawfully present and the item is clearly incriminating, even if it’s not what they were originally searching for.

What is a search incident to a lawful arrest?

Police may search the arrestee and the area within their immediate control to ensure safety and prevent evidence destruction.

Motor vehicle exception

Police can search a vehicle without a warrant if they have probable cause, due to its mobility and reduced expectation of privacy.

What is a consent search and who can give consent?

type of search given voluntarily by someone with authority, such as the owner or someone with apparent control over the area or item.

What is "hot pursuit"?

allows police to enter a place without a warrant while actively chasing a fleeing suspect.

What is an emergency search?

type of search done without a warrant to prevent immediate harm, such as entering a home to stop a fire or aid someone in danger.

Evanescent evidence

Evidence that is likely to disappear quickly, like blood alcohol content, justifying a warrantless search.

Stop-and-Frisk search

Police may briefly stop and pat down a person if they reasonably suspect criminal activity and believe the person is armed

What are pen registers and are they protected in the Fourth Amendment?

type of device that records numbers dialed from a phone. They are not protected by the 4th Amendment but require a court order under federal law.

Why do border and airport searches not need a warrant?

Due to national security and public safety. They do not require warrants or probable cause.

Drug Courier Profiles

behavioral patterns used to identify suspects. Police still need reasonable suspicion to detain someone based on said profile.

Do school searches and drug testing require warrants?

No, school officials need only reasonable suspicion. Drug testing and strip searches may require higher justification

Exclusionary Rule

this rule bars illegally obtained evidence in court

Fruit of the Poisonous Tree

saying refers to evidence derived from an illegal search

Good faith exception

Evidence is admissible if police reasonably relied on a defective warrant, believing it was valid.

Mapp v Ohio (1961)

Police searched Mapp’s home without a warrant and found illegal materials. The Court ruled the evidence inadmissible, applying the Exclusionary Rule to the states.

Wolf v Colorado (1949)

Wolf recognized 4th Amendment rights but DID NOT apply the Exclusionary Rule to states. Mapp (1961) later overruled this case.

Silver platter doctrine

Allowed federal courts to use evidence illegally obtained by state officers. Mapp (1961) ended this practice

Why did Harlan and others dissent in Mapp?

They believed states should decide their own remedies and that the Court overstepped by imposing the rule.

United States v. Leon (1984)

Decided whether evidence from a defective warrant could be used. The Court created the good faith exception

Does the 4th Amendment ban use of illegal evidence?

No, but the Exclusionary Rule enforces it. The good faith exception preserves deterrence while allowing honest mistakes.

What did Brennan and Marshall say about deterrence?

They believed the rule also protects judicial integrity, not just deterring police misconduct.

What do Brennan and Marshall think will happen as a result of the good faith exception?

They feared it would weaken the Exclusionary Rule and reduce police accountability by allowing evidence from unconstitutional searches.

Katz v. United States (1967)

Katz used a public phone booth to transmit gambling information, and the FBI recorded his calls using a device outside the booth without a warrant. The Court ruled the search unconstitutional because they failed to get one.

How did the Court change its analysis from Olmstead? What’s the new catchphrase?

The Court moved from a physical trespass test to a privacy-based test. The new phrase is: “The Fourth Amendment protects people, not places”

Why could Katz expect privacy in a glass booth?

He shut the door and paid to use it, showing a reasonable expectation of privacy despite the booth being transparent. If he left the door open or spoke loudly in public, his expectation of privacy would not be reasonable.

What was important about Harlan’s concurring opinion in Katz?

He introduced the two-part test for a reasonable expectation of privacy, which became the standard for Fourth Amendment analysis

Illinois v Gates (1983)

Police received an anonymous letter about drug trafficking, investigated, and obtained a warrant based on corroborated details. This case established the “totality-of-the-circumstances” standard

Spinelli Test

Required showing an informant’s credibility and basis of knowledge.

Terry V Ohio (1968)

An officer observed suspicious behavior and frisked a man, finding a weapon. The issue was whether this violated the Fourth Amendment.

What are Harlan’s two corollaries to the Terry decision?

He emphasized that stops and frisks are separate events and that both must be justified independently.

Arrest

Formal seizure of a person, occurring when they are taken into custody and not free to leave.

Interrogation

Questioning by police likely to elicit an incriminating response, typically after a person is in custody.

What are the four levels of police-citizen interaction?

1. Consensual encounter

2. Investigatory stop

3. Frisk

4. Arrest

What are roadblocks and sobriety checkpoints and how are they constitutional?

They are brief stops to check for impaired drivers. The Court allows them if they serve public safety and are minimally intrusive.

Terry-stop

It’s a brief stop based on reasonable suspicion or observed violation. Does not justify a frisk; only justified if the officer also suspects the person is armed.

Warrantless arrests

type of arrest only valid if they have probable cause to believe a felony has been committed or if a misdemeanor occurs in their presence.

Citizens arrest

type of arrest where a private person may arrest someone if a felony was committed and they have reasonable grounds to believe the person did it

Why must suspects be told their rights before interrogation?

Miranda: to protect against self-incrimination under the Fifth Amendment. In Miranda v. Arizona, the Court required police to inform suspects of their right to remain silent and to an attorney

Public safety exception to Miranda

Police may question a suspect without Miranda warnings if there’s an immediate threat to public safety, such as locating a hidden weapon.

How does "fruit of the poisonous tree" apply to Miranda violations?

Statements made without proper warnings may be inadmissible, and any evidence derived from them may also be excluded.

What factors do judges consider in evaluating confessions?

They consider the suspect’s age, intelligence, duration of questioning, physical condition, and whether Miranda rights were given.

What are the three common witness ID methods?

• Lineups

• Photo arrays

• Show-ups

Ashcraft v. Tennessee (1944)

Ashcraft interrogated for 36 hours straight without rest. Court found that the prolonged, sleepless questioning was inherently coercive, making the confession involuntary and inadmissible.

What did the dissenters argue in Ashcraft?

They believed the confession was voluntary and that the majority overemphasized the length of questioning. They did not support forced confessions but disagreed on what was coercive.

Miranda v. Arizona (1966)

Miranda was arrested, interrogated without being told his rights, and confessed. The Court ruled that suspects must be informed of their rights before custodial interrogation or their statements are inadmissible.

Custodial Interrogation

Occurs when a person is in custody and questioned by police. It’s not limited to police stations

Miranda Rights

• The right to remain silent

• that anything said can be used in court

• the right to an attorney

• one will be provided if they can’t afford one

Can a suspect change their mind about waiving or invoking rights?

Yes, they can invoke or waive rights at any time during questioning.

What if a suspect can’t afford a lawyer?

The state must appoint one, based on the Sixth Amendment right to counsel.

What did Harlan think would happen after Miranda?

He feared it would hinder law enforcement and reduce effective policing.

What does White think about the Supreme Court's reliance on manuals and texts?

White criticized the Court for relying on police manuals to justify constitutional rules, arguing they were not binding legal standards.

Brewer v. Williams (1977)

Williams, after invoking his right to counsel, was transported by police who gave a “Christian burial speech” that led him to reveal the location of a murder victim. The speech was a statement by police appealing to Williams’ religious beliefs to persuade him to reveal the body’s location, despite invoking his right for counsel.

Was Williams’ response voluntary?

The Court found it was not voluntary in the legal sense because it was obtained in violation of his Sixth Amendment rights.

What was Burger’s dissent based on in Brewer v Williams?

He argued that Williams’ statements were voluntary and that the exclusionary rule should not apply to such a technical violation. He claimed Williams’ cooperation and statements showed an implied waiver of his rights.