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| free speech, press, religion |
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| criminal prosecutions, right to speedy trial, witnesses, etc |
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| Tennessee v Garner (1985) |
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Definition
Ten. Law - may use all necessary force to effect arrest if suspect flees
SC disagrees - 4th amendment USS
use of deadly force must be reasonable
required to effect arrest and person must be threat
and 6th amendment right to speedy trial |
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| Terman and Thurstone (1910) |
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Definition
Police - below avg IQ
1st rec for testing/screening
by 1965 27% |
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| National Advisory Committee on Criminal Justice Standards (1973) |
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Definition
screening of all officers
health, educational, record, emotional fitness |
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Definition
Structured more reliable, 2 or 3 interviewers
worst bais is superior interviewer
cant measure stereotypes |
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| Police Psychological Tests |
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Definition
for cognitive and intellectual ability
personality, integrity, emotional stability
less bias, easy to administer, easy to research
assesses impression management |
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Definition
now officers avg to above avg
IQ correleates with training results, not actual performance |
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Minnesota Multifaceted Personality Invent.
Beutler et al MMPI approved by psych
uses supervisor rating and interviewer bias |
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California Personal. Inven. CPI
16pf
Inwald Personal. Inven.
26 scales measuring police relevant behaviors
not better than MMPI |
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| homeless and mentally ill |
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Definition
reagan; arrest rate after mentally ill 47%
others 28& |
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more time spent here than in murders, rapes and aggravated assaults combined
1/4 of police deaths
to minimize harm, arrest everyone involved |
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| Domestic Disturbance Experiment |
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Definition
Randomly assigned to arrest, leave or advice
became policy to arrest both bc reduced subsequent offenses |
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most effective way to deal with DD is to train police on these situations
works! |
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enforcing law - 10%
maintaining order - 30%
providing services |
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case involved polygraph
appeals court established test
expert opinion is admissible if based on generally accepted technique or theory
Dexter |
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| Federal Rules of Evidence (1975)q |
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Definition
extension of Frye
okays scientific knowledge to help judge/juror understand evidence better
not all states |
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Definition
Bendectin and birth defects
judge used discretion to determine which studies are admissible as evidence
appeals court used Frye, affirmed judge |
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Definition
Judges are gatekeepers
Judges screen for relevancy, legal sufficiency, and reliability
Reliability
Theory/technique is not falsifiable
error rate of technique (not defined)
Peer reviewed theory/technique
general acceptance (like Frye) |
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| Judges can use ... to evaluate science |
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Definition
| science panels, court appointed experts |
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Term
| Confidentiality and Jaffe v Redmond |
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Definition
Confidentiality privilege not absolute (duty to warn)
created patient-dr privelege |
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Term
Profiling, Douglas et al.
Steps in Profiling 1 |
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Definition
profiling inputs - all info about crime
time, where, who, etc. |
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Term
| 2 - decision process model |
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Definition
organize data meaningfully
type of crime, motive, risk, sequence of acts |
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Definition
try to reconstruct behavior of offender and victim
organized v disorganized
facial injuries
opportunistic weapon
morning crimes |
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Definition
initial description of most likely suspects
race, sex, marital status, psychological chars. past crime
ex. DC sniper |
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| investigators use profile to search |
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Definition
| allows for test of validity of profile and alteration of model based on new data |
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Term
| Homant and Kennedy (1998)characteristics of crime correlated with |
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Definition
prior relations with victim
organized v disorganized offenders
serial v single offenders |
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Term
| Homant and Kennedy (1998)characteristics of crime correlated with |
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Definition
prior relations with victim
organized v disorganized offenders
serial v single offenders |
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Term
| Pinizzotto and Finkel (1990) |
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Definition
analysis of profilers, crime investigators, psychologists
profilers are most specific, most helpful; and in sex offense cases most accurate |
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Definition
| 2 or more locations, no cool off |
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Definition
| type of victim important, can have cooling off |
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Definition
| @ least 4 ppl @ on location |
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Term
| Lykken (1981) GKT or Concealed Info Test |
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Definition
MC questions
relies on existence of unknown facts, asks suspect facts only those who have seen crime would not
orienting response - more arousal with more meaningful stimuli
only indicates knowledge, not guilt |
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Term
Profiling Suspects:
Criminal Investigate Analysis |
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Definition
behaviroal scientists and police use to narrow investogations
behavioral analysis
certain behaviors and personality features can be determined from crime info to narrow list of suspects |
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Term
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Definition
| Marston (1917) lie detector based on increase in systolic BP |
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Definition
Polygraph that measures changes in BP, pulse rate and respiratory
only measures
Problem: one neg emotion cannot be distinguished from another
Relevant/irrelevant questions |
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Term
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Definition
The Control Question Test
Used stim test
adds control question, "known lie" that should produce a response
- Have you ever lied to your wife? |
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Definition
comparing 2 interviewers scores
what amount of agreement is good |
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Definition
above 50%
results are generalizable |
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Definition
100%, complete, unanimous
Daubert Conditions, relevancy, legal sufficiency and reliability |
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Term
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Definition
Goal to obtain confessions or evidence
Early were abusive (guillotine) confessions = guilty plea |
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| right against self incrimination estabilished in english common law |
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Definition
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| confessions considered evidence rather than pleas for juries to determine their vailidity |
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| Brown v Mississippi (1936) |
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Definition
confessions after torture considered violation of due process
coerced confessions are untrustworthy, affect sense of fair play
limits use of brutality in interrogations |
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Term
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Definition
attempt to set due process standard
miranda rights
Liberal court |
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Term
| Colorado v COnnelly (1986) |
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Definition
mental or psychological problems insufficient to make confession voluntary
Connelly - schizophrenia made him incompetent, nullifying waiver of Miranda rights
SC overturns
Conservative Court |
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Term
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Definition
Completely voluntary
Completely involuntary
Grey areas - confessions after promise of lighter sentence or threat of harsh sentence if convicted. 24hr questioning with no sleep |
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Term
| Most influential piece of evidence for juries |
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Definition
Confessions
Fundamental Attribution Error: his internal factors rather than external made him do it |
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Term
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Definition
if you confess, you most likely will be convicted
Confession after threat - did not affect verdict
confession after promise of lighter sentence - did affect verdict
other studies show even inadmissible confessions can influence jurors
judge instructions not that much help |
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Term
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Definition
Recognized in all states
Police create a crime that otherwise would not have occurred |
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Definition
| police methods would lead anyone to commit the offense |
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Definition
would the person have committed the crime anyway?
to prove entrapment, defendant must prove they were induced, persuaded
Prosecution tries to prove police merely provided opp, or that defendant was predisposed to crime
passive stings - cop on corner; not entrapment
active stings - police use inducement or persuasion
in active, police must then demonstrate a predisposition by defnedant (prior to police contact) to commit crime |
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Term
| Entrapment - Jacobson v US |
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Definition
Jacobson ordered child porn before it was illegal
after, postal authority baited him by sending pamphlets for more
court determined prior acts did not constitute predisposistin to commit crime |
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Term
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Definition
VIS allowed by Maryland
VIS - desribes effect crime had on victim and family
Booth claimed violated 8th amendment
SC concurred
VIS can influence jury by diverting attention from facts |
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Definition
| extends Booth to prosecutions closing arguments |
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Definition
Capital Case
VI was mentioned at stand (not allowed)
court held that it did not violate 8th
bc capital cases allow for mitigating circumstances (personal details about perp) and state should be able to fight this
if VIS makes trial unfair, violates 14th amendment and deal with it there |
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| Victims' Rights Constitutional Amendment |
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Definition
notified of proceedings
heard at crucial stages
notified of release
restitution |
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Definition
exclusionary rule
1st time SC dealt with excluding evidence
4th amendment and 14th amendment |
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Term
| Exceptions to Exclusionary rule |
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Definition
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Definition
SC upheld warrant because signed in good fath
reasonable expectation of privacy |
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Definition
traffic stop, police finds contraband
violated exclusionary rule bc guest in car and should be reasonable expectation of privacy
NO
inevitable discoveries |
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Term
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Definition
| No miranda Warning, Nicks hired slick attorney who tried to use exclusionary rule but SC said it was an inevitable discovery and would allow |
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Term
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Definition
Petitioned for writ of habeus corpus
imprisonment unlawful bc of coerced confession yet appeal time had lapsed
SC said allowed, swung the door open |
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Definition
Exception to habeus corpus: writ cannot b used to change law (only challenge settled issues)
new constitutional rules will not be applicable in cases finalized before new rules announced |
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Definition
murdered someone, argued evidence was inadmissible but state court said it didnt violate 4th amendment
so could not appeal to Federal court |
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Term
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Definition
when someone procedurally defaults in state court (doesnt receive counsel)
Misdemeanors dont require jury trials with sentence of less than 6 months so counsel was also not required Argersinger said this was unconstitutional
SC agreed |
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Term
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Definition
Felons tried to sue for violating constitutional rights and seeking writ of habeus corpus
if held on US base (Gitmo) have rights
Motions to suppress evidence should be raised before trial |
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Term
| Gideon v Wainwright (1963) |
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Definition
Right to counsel
SC decided everyone charged with felony (and later misdemeanors) has right to lawyer (6th amend)
Exception - public defender not required past 1 trial and appeal because they are discretionary actions |
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Term
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Definition
State required to give lawyer on 1st trial and appeal
Every state will do this for however many appeals bc dont want to violate constitutional rights, but not required
important to have lawyer early |
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Term
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Definition
Right to psychiatric consult if using insanity defense - meaningful access to justice
Conservative (Rehnquist)
Right to remain silent |
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Term
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Definition
miranda was rape suspect but lineup didnt identify him
after lineup, interrogation and he confessed but claimed coercion
SC held suspects need to know rights
Right to attorney, against self incrimination
understand and waive these rights |
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Term
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Definition
Routine booking questions not intended to produce incriminating responses
Jail House informant - cant read rights, will blow cover
Public Safety exception - when cirumstances present clear danger and officers have reason to believe suspect has information |
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Definition
Harris confessed, but made it up
Confession inadmissible, but state used it to impeach defendant's honesty |
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Definition
| Supreme Court holding that Miranda requires that no statement of a person under custodial interrogation may be admitted in evidence against him unless, at the time the statement was made, he explicitly waived the right to the presence of a lawyer. |
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Definition
police in rape investigation rounded up blacks
SC ruled fingerprinting w/o probable cause unconstitutional |
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Definition
| Traffic stop, once in custody suspect subject to protections of 5th amendment, miranda rights |
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Term
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Definition
Interrogated for 14.5 hours
suspects have right to counsel during police interrogations |
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Term
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Definition
arrested on burglary, evidence for murder
sister called to be defense, police told her to go home
Police questioned Burbine, confession
events occurred outside of D knowledge could not have bearing on his understanding ot waive rights |
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Definition
Okayed deceptive interrogation tactics
miranda not required when it affects safety |
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Definition
| public safety exception, no need for miranda rape and then grocery store with gun |
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Term
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Definition
Covers all confessions
SC says that before confessions become evidence, need to have hearing to determine if obtained legally
Pretrial motion - Deno hearing
IF judge allows confession defense will immediately appeal
questioning voluntariness, if judge admits, will leave jury to determine truthfulness |
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Term
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Definition
criminal
civil
can include pain and suffereing, emotional distress
decreased by amount of resitution |
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Term
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Definition
criminal
civil
can include pain and suffereing, emotional distress
decreased by amount of resitution |
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Term
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Definition
criminal
civil
can include pain and suffereing, emotional distress
decreased by amount of resitution |
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Definition
allows victims to speak during sentencing
to personalize crime
Not admissible |
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Term
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Definition
judge or court accused of being a legislative body
Judge Warren - activist
state legislature were infringing on laws of constitution
Increased protections for accused
many have been reversed
Justice roberts still overturning 1960s Warren court decisions |
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Term
| Exclusionary Rule exceptions |
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Definition
Good faith search
standing - reasonable expectation of privacy
inevitable discovery |
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Term
| Exceptions to Habeus Corpus |
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Definition
Writ cannot:
Change law
cannot be writ if state has already considered 4th amend (USS) and decided against |
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Term
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Definition
right to remain silent, attorney, self-inccrimination
In police custody |
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Definition
| must inform victim of rights |
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Term
| Ebbesen and Konecni (1975) |
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Definition
1st bail study
linear equation
local ties more important than prior record
prosecuting attorney's rec most important
2nd study: added severity
severity affected both recs which affected judge'es decision |
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Term
Procedures after arrest
1 initial appearance |
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Definition
within 48hrs must be brought before judge - 6th amendment
probable cause determination
Suspect's rights
Bail |
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Term
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Definition
| 52%, recognizance 47% 1% denied |
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Term
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Definition
if person is danger to society, judge can deny bail
challenged in US v Stone
SC affirmed |
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Term
| Factors affecting bail decision |
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Definition
| charges, economic status, local ties, record, drugs, alcohol, mental status |
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Term
Procedures after an arrest
2 Preliminary hearing |
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Definition
determine whether GJ (18ppl, 1/3 of states)
often waived by defense - PTP
Bail review |
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Term
Procedure after arrest
3 Arraignment |
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Definition
indictment read - indicted on the murder of... how do oyu plead?
bail review
trial date set |
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Term
Procedure after arrest
4. Pretrial |
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Definition
Discovery - right to review evidence and depose witnesses
interrogatory - written questions; under oath, no follow ups |
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Term
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Definition
any evidence that can help defense
state must always hand over eveidence |
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Term
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Definition
Brady rule - state is required to give helping evidence to defense
no exceptions, immediate disbarment |
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Term
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Definition
seperate trials for co-defendants
seperate trials for seperate crimes
change of venue
Speedy trial dismissal (with or w/o prejudice)with -cant refile |
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Term
Pretrial motions
suppressing evidence |
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Definition
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Term
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Definition
hearing to determine if confession was voluntary or should be suppressed
burden of proof is preponderance of evidence and not beyond reasonable doubt |
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Term
| Motions in Limine (Limit) |
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Definition
request for pretrial ruling on evidence issues
limit what comes into trial
prove THIS crime |
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Term
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Definition
80% of cases end without trial
defendant pleads guilty to lesser chagre
overchargin - bringing multiple concurrent sentences
Cons -Gives prosecutor a lot of power, sentences may be lenient, innocents may feel pressured to plead guilty (biggest)
Pros - keeps down backlog of cases,
more swift justice |
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Term
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Definition
Clash bw 1st and 6th amend
Freedom of spech and press v right to fair trial |
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Term
| 4 Phases of SC attitudes toward PTP |
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Definition
jurors self report impartiality
doubted self report when ptp is huge
preventio or remediation (gag orders)
back to phase 1 |
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Term
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Definition
defense does not have right to ask if jurors what they have seen PTP
only if they have |
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Term
| More knowledge jurors have before trial, |
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Definition
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Term
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Definition
Contiuance
Expanded voir dire - more jurors
judicial instructions
imported jurors
change of venue |
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Term
| Sparf and Hansen v US (1985) |
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Definition
SC decides criminal juriers required to apply law
if judge believes jury disregarded law and applied jury nullification, judge can overrule |
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Term
| Duncan v Louisiana (1968) |
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Definition
liberal court
Duncan said it violated rights not to have jury trial, SC concurred |
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Term
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Definition
Judge not required to give nullification instructions
only done as matter of conscience
SC affirmed |
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Term
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Definition
survey of judge v jury decisions
agreement 75% of time
25% can be due to info judge knows, but jury doesnt
juries more lenient, especially in minor crimes
methodologically flawed, response rate |
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Term
| Horowits (1988) research study |
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Definition
nullifcation instructions have strong effect
more likely to acquit sympathetic defendant (get away driver)
more likely to convict a dangerous one |
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Term
| Horowits (1988) research study |
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Definition
nullifcation instructions have strong effect
more likely to acquit sympathetic defendant (get away driver)
more likely to convict a dangerous one |
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Term
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Definition
venire - pool of potentials 30 - 300
voir dire - to tell the truth
may be excused for hardship, bias, peremptory challenges |
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Term
Civil Case - burden of proof
Criminal |
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Definition
- preponderance of evidence on plaintiff
at least 50%
beyond reasonable doubt |
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Term
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Definition
opening statements- framework of evidence
prosecution first
defense can open after prosecution opening, or after their case |
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Term
| Prosecution evidence and defense |
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Definition
witnesse, evidence, cross-exam
redirect if impeachment occurred
recross |
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Definition
withheld or new info becomes present
rare |
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Term
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Definition
| prosecution 1st, civil plaintiff |
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Term
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Definition
Usually judge
sentencing algorithm equality v discretion |
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Term
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Definition
transcript of court proceedings when defendant feels mistake has been make
3 judges 1st, en banc 5 at round table |
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Term
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Definition
if punishment doesnt fit specifics of cse, can return not guilty even if the believe defendant is guilty
OJ simpson police behavior |
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