Upgrade to remove ads
Criminal Courts Final
Terms in this set (29)
Brady v Maryland requires prosecutors to disclose what kind of material to the defense?
Jenks v US requires prosecution to disclose what kind of evidence to the defense prior to the trial?
Jencks material- impeachment evidence
The Giglio v US case requires prosecution to disclose what to the defense prior to trial?
Mapp v Ohio gave which rule that prohibits illegally obtained evidence?
The court justified the rule (exclusionary rule) questioned above on what three grounds?
The Silverthorne Lumber Company v US gave which doctrine that prohibits derivative evidence?
Fruit of the poisonous tree doctrine
What are the two exceptions to the rule in the previous question?
a. Inevitable discovery
b. Good faith
The fourth amendment protects people in their what (4)? Against what (1) kind of searches and seizures? Shall not be violated and no warrant shall be issued but upon what?
a. Persons, houses, papers, effects
Brinegar v US requires that there be more than what kind of suspicion when determining probable cause? It also introduced what standard in determining whether an offense has been or is being committed?
a. More than bare suspicion
What are the three ways to establish probable cause?
a. Through an officer's own knowledge of particular facts and circumstances
b. Through information given by a reliable third person (an informant)
c. Through information plus corroboration by the officer
What three things may an officer consider when determining probable cause?
Illinois v Gates held that the court should look at all evidence when determining probable cause, what is that standard called?
Totality of the circumstances
An officer does not need a warrant or probable cause to search what? Which is beyond the curtilage and the home.
Fields and forests
Officers can use aerial searches to fly over protected areas, if they do it within what?
Reasonable altitude established by the FAA
Utah v Stewart held that police may enter the home and make an arrest without a warrant if the objectively have a reasonable basis for believing what?
That an occupant is seriously injured or immediately threatened with such injury.
In Carroll v US, the court held that police are not required to obtain what to search a vehicle if they have probable cause (Carol doctrine)?
The three forms of warrantless searches are what? Which form is most common?
b. Plain view
c. Incident to a lawful arrest
d. Most common is consent
The fifth amendment states no person shall be compelled in what kind of case to be what?
a. Criminal case
b. A witness against himself
The Miranda warnings only apply to what kind of interrogations?
What are the five Miranda warnings?
a. You have the right to remain silent
b. Anything you say can and will be held against you in a court of law.
c. You have the right to an attorney
d. If you cannot afford an attorney, one will be provided for you
e. Do you understand the rights that you have been read?
Illinois v Perkins held that an officer can pose as what to trick a confession out of an inmate without giving Miranda warnings (if the inmate is not what)?
An officer can pose as another inmate so long as formal criminal proceedings have not begun
In a juvenile case in NC, courts held that a person's what is a relevant factor in determining if a person was in custody pursuant to Miranda?
The most likely crime to go to trial is what kind of case?
What is the Latin term for when the defendant does not contest the evidence, but the evidence cannot be used against him in civil court?
In Santobello v NY, the court held that when a prosecutor makes a plea deal, the prosecutor must do what? Unless what?
a. Fulfill/ honor it
b. Unless the defendant is found to be lying under oath
What kind of plea is it where the defendant can enter the plea of guilty without actually admitting guilt? This came from which state? What two things must the judge ask the defendant on record for this to take effect?
a. Alford plea
b. Came from NC
c. "Do you believe that if you went to trial there is a substantial likelihood you would be found guilty"?
d. "Has your attorney gone over the evidence against you in this case"?
In Boykin V Alabama, the court held that where the defendant enters a plea of guilty, the judge must decide on the record whether the plea is what two things?
a. The plea is made knowingly, intelligently, and voluntarily
b. The defendant is mentally competent to enter the plea
In Borden-Kircher v Hayes, the court held that it is not a violation of due process for a prosecutor to threaten what in a case?
To prosecute the defendant for other crimes
Prior to the start of a trial, if a victim is unable to testify, the prosecution can do what?
YOU MIGHT ALSO LIKE...
The Fourth Amendment: An Overview of Constitutiona…
Criminal Justice Chapter 7
Criminal Procedure: Investigation