Criminal Evidence Chapters 11-13
Terms in this set (20)
What are Administrative Functions?
Functions such as screening at airports and courthouses and many fire, health, housing, and school services
What are Special Needs of Government?
The basic government requirements of safety, health, education and concern for the well-being of the society as a whole.
What drug testing can be done without probable cause?
Private businesses may conduct drug testing of employees such as pre-employment and random. Government agencies may conduct drug testing to ensure certain employees "have unimpeachable integrity and judgment." To enhance public safety. "Protect truly sensitive information. This does not violate anyone's 4th amendment.
What are work related searches?
A search of a worker's desk and work station for necessary records or equipment so that another employee can fill in for the absent worker or the employer can check for theft or fraud.
What is a confession?
A direct acknowledgment of guilt; generally viewed as the same as a guilty plea in open court.
What is a Incriminating Statement?
Any statement or conduct from which guilt of the crime can be inferred and is different from a confession because the confession directly acknowledges guilt.
What is Voluntariness Test?
The requirement that confessions, incriminating statements, and consent be voluntary and freely given and not obtained by means that overwhelmed the will of the accused or another person.
What are the Miranda requirements and who started it and when
Procedural safeguards established by the US Supreme Court in 1966 to guard a citizen's right to protection against self incrimination, there are four of them. 1. The suspect must be told of his right to remain silent, 2. Anything he says may be used against him, 3. right to an attorney, 4. cannot afford an attorney one will be provided. Started by Ernest Miranda.
What is the California Rescue Doctrine?
Adopted in 1965 (Miranda warnings are excused) statements made are admitted when 1. Urgency of need that no other course of action promises relief, 2. The possibility of saving a human life by rescuing a person whose life is in danger, 3. Rescue as the primary purpose and motive of the interrogators.
(safety of a missing or kidnapped victim, "man walks into police station smelling of gasoline asked to be locked up because he burned his wife, officers concerned about wife placed handcuffs on him and he agreed to take them to her" his statements and evidence was used against him at trial.
What is Messiah Limitation?
The holding that after a person has been charged with a crime, law officers cannot question the person or obtain incriminating statement regarding that crime without the person's attorney present. After a suspect is formally charged with a crime, it is "entirely proper to continue to investigate the criminal activities of the defendant however "once adversary proceedings have commenced against an individual he has the right to legal representation when he is interrogated.
What is the Bruton Rule?
The rule that a criminal trial may not hear a confession or incriminating statement against a defendant that was made by another party to the crime without producing the speaker.
What is Courtroom Identification
A prescribed series of steps used during a trial to identify the defendant as the person who committed the crime or was a party to the crime charged. (In a trial the eyewitness are asked by the prosecutor to describe the person who committed the crime or who was seen fleeing from the crime scene. The witness is then asked whether that person is in the courtroom and asked to point out the person they saw)(Defendants may be required to try on items such as jackets, hats and glasses. Defendants may also be required to speak or to display tattoos, scars, or a gold tooth.
What are lineups?
An identification procedure in which six or more persons are shown to witnesses or the victim of a crime. And they will have to pick a person from the lineup as the suspect. This is done when a suspect is in custody or has been charged. Lineups are used to minimize suggestiveness and to increase the reliability of identification process
What are showups?
Different from lineups this is done when police lack probable cause and usually held a short time after the crime was committed, in a scene of the crime, on the spot. It is approved by courts because the memory of the witness is fresh and officers can determine if they have taken the right person into custody. It is an identification procedure in which only one suspect is shown to the witnesses or victim of the crime. It is highly suggestive and should not be done unless they are necessary under the circumstances. Also can be done at hospitals when a victim may die and can identify or exonerate.
How are lineups carried out?
Courts prohibit police from telling victims and witnesses that police have made an arrest and having the suspect appear as the only person shown in a lineup. Courts also require that only one person in a lineup be highlighted at a time, to only one witness at a time, by an officer who does not know the real suspect.
What are sketches?
Drawings by an artist or with an Identi-Kit for use in identification with the assistance of one witness or the input of a number of witnesses. This sketch can be used on a "wanted" poster or published in paper or shown on television. The Identi-kit was invented by a police officer and has hundreds of facial components (noses, eyes, chins, hairlines, hair and so on) that can be combined into the likeness of a person.
What is Spectrograms?
Voicegraphs made on a machine called a spectrograph which analyzes voice recordings based on intensity, frequency and time gaps.
What are voiceprints?
This is a spectrogram and may be made in an effort to identify the offenders. If a match is made with the voiceprint of a suspect some state courts permit the spectrogram to be used as evidence in a criminal trial.
What is photographic array?
A group of photographs shown to witnesses or the victim of a crime for identification purposes. Depending on state, Washington DC requires the photos to be grouped together with at least eight other photos of the same general description. Other states they may be shown one at a time instead of all together. Adequate records must be maintained of the exact group shown from which the ID was made and presented in court at a later date. Each witness shall view the photos independently, out of the immediate presence of the other witnesses.
What is Facial recognition systems?
Using biometrics to identify a person. This present opportunities to identify people unobtrusively and without their cooperation in video surveillance and other means.