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Criminal Procedure Final
Terms in this set (40)
Mandatory Minimum Sentences
The legislatively prescribed, non discretionary amount of prison tie that all offenders convicted of the offense must serve.
Judges can sentence offenders to ___________ than the mandatory minimum, but not ____________.
The Boggs Act of 1951
It set minimum sentences for those convicted of importing drugs or distributing marijuana.
Narcotic Control Act of 1956
Further increased the penalties set in the Boggs Act
Comprehensive Drug Abuse Prevention and Control Act of 1970
Congress repealed virtually all of the mandatory minimum provisions adopted in the 1956 act, because the increased sentence lengths "had not shown the expected overall reduction in drug law violations."
4 reasons for repeal of mandatory minimum penalties for drug law offenses:
1. Alienated youths from the general society
2. Hampered the rehabilitation of drug offenders
3. Infringed on judicial authority by drastically reducing discretion in sentencing
4. Reduced the deterrent effect of drug laws because even prosecutors thought the laws were too severe.
Mandatory minimum sentences are supposed to satisfy three basic aims of criminal punishment:
retribution, incapacitation, and deterrence
The rule that illegally seized evidence cant be admitted in criminal trials
Probative evidence, or proof of guilt
Using unconstitutional means to obtain evidence
Five constitutional rights violated by getting evidence from "bad" methods
1. Fourth amendment- unreasonable searches and seizures
2. Fifth- coerced incriminating statements
3. Sixth- right to counsel
4. Fifth- due process of the law
5. 14th- due process of the law
Weeks v. U.S. (1914)
Exclusionary Rule-broke into his house while he was at work and took all his stuff and only returned the federal papers.
Mapp v. Ohio (1961)
Broke in after she refused to let them in. Exclusionary Rule
U.S. v. Leon
Exclusionary Rule-Good Faith Exception/informant drug trafficing
Three Justifications for the Exclusionary Rule
1. Constitutional Right. It's part of the constitutional rights against unreasonable seizure and coerced confessions and the rights to a lawyer and due process of law.
2. Judicial integrity. It preserves the honor and honesty of the courts.
3. Deterrence. It prevents officers from breaking the law.
Fruits of Poisonous Tree Doctrine
Bans, not only illegally obtained evidence, but also evidence derived from it.
Illegally obtained evidence can come into court if the poisonous connection between illegal police actions and the evidence they got illegally from their actions weakens (attenuates) enough.
Independent Source Exception
Even if officers break the law, unless their lawbreaking causes the seizure of evidence, the evidence is admissible in court.
Inevitable Discovery Exception
Found the evidence anyway
Collateral Use Exception
Illegally obtained evidence can be used in collateral proceedings
Illegally obtained evidence can be used in cross-examination
The Knock-and-Announce Exception
Permits the admission of evidence seized during searches of homes, even when officers violate the "knock-and-announce" rule.
Allows the government to use evidence obtained from searches based on unlawful search warrants if officers reasonably believe they were lawful.
There are no remedies for misconduct in the constitution, therefore...
The courts came up with the exclusionary rule and it doesn't apply to some things
Common-Law doctrine that makes an employer liable for the actions of an employee when the actions take place within the scope of employment
Can't be sued even if they acted maliciously and in bad faith. Judges have this
Their immunity depends on the function they're performing at the time of the misconduct.
When they act as advocates, they're absolutely immune form civil liability, when they are administrators or investigators, they have qualified immunity
They're immune unless their misconduct violated clearly established law that a reasonable prosecutor would have known
Violation of one's fourth amendment rights by federal officers can give rise to a federal cause of action for damages for unlawful searches and siezers.
Pinder v. Johnson
Domestic bf set fire to home and killed two children. She wanted to sue police for telling her it was okay to go to work that he would be in custody.
County of Riverside v. McLaughlin
When a person is arrested without a warrant, a probable cause determination must be made without unreasonable delay and cannot occur more than 48 hours after arrest.
With the unsecured bond, defendants have to pay only if they don't appear for their court date. With the court-administered deposit bond, defendants have to post 10 percent of the amount of the bond' if they appear, the court returns the deposit.
Who makes up a grand jury?
16-23 Jurors that have to be:
1. U.S. citizens
2. 18 or over
3. Reside in the jurisdiction
4. Have no felony convictions
5. Speak, write, and read English
6. Suffer from no physical impairments that might hamper their participation, such as impaired hearing or vision
When a defendant pleads guilty while still protesting his innocence (North Carolina v. Alford)
Hudson v. Michigan
Failure to comply with the knock-and-announce rule never violates the exclusionary rule if officers have a valid warrant to search the home.
A broad and vague guarantee of fair procedures in deciding cases; the fifth and fourteenth amendment provisions prohibiting the federal government and the states, respectively, from depriving citizens of life, liberty, or property without due process of the law.
Burden of Proof
The obligation to prove one's assertion
Who has the burden of proof?
What is a person called who is suing someone?
THIS SET IS OFTEN IN FOLDERS WITH...
CP Chapter 5
Chapter 7: Special Needs Searches
AJ004 Chapter 4
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