-the person gives consent

-when there is reasonable suspicion that a crime has been or is about to be committed

-consent stops

-fixed checkpoints

-investigatory detentions (reasonable suspicion that a person is about to commit a crime, police will stop, ask for id and conduct a search for weapons)

-arrests

-does not violate the 4th or 5th amendments to the constitution

how did racial profiling begin?

surpreme court has upheld the right to stop individuals when they use profiles..

-when federal agents developed a profile of drug smugglers to assist border patrol and customs in airports

-that utilize race as one factor of several that, together, may establish reasonable suspicion for a brief investigation

-they dont neccessarly have the legal obligation to arrest

-then an arrest has occured

-there is not a reason to believe the suspect poses a danger to people

-balances the individuals right to privacy against the state's right to investigate and prevent crimes

-the basis for the incorporation of some of our bill of rights protections

-has to do with citizen rights

-includes those of the 4th 5th 6th and 8th amendments

-searched for weapons to protect officers during investigative stops

-search for weapons/evidence upon arrest

-exigent circumstance searches

-automobile searches

-inventory searches

-consent searches

-plain view searches

-border searches

-then the police will be able to obtain a search warrant

in all cases where police use devices for listening, recording, and surveilinng citizens..

-courts use the basic guidelands of 'expectation of privacy' and 'reasonableness'

mapp vs ohio

exlusionary rule

-case that upheld the 4th amendment rights against unreasonable searches

-police thought fugitive was in woman's house, showed a fake warrant, found obscene material but no fugitive

-extended exclusionary rule to all law enforcement

-when there is consent by at least one party

-also when the law enforcement has authorization from the court.

-protects citizens from being compelled to give testiomony against themselves in federal prosecutions

-also, the right has to be incorporated to us as state citizens against state prodecutions

-no person shall be deprived of life, liberty, or property without due process of law

-must be given before they can conduct an interrogation of a suspect held in custody

-the supreme court has upheld a number of convictions where police have used deception to elicit a conviction

-showups (frowned upon, only if there is an absolute chance the witness will correctly identify suspect

-photo arrays (best method, good for non-biased evidence)

-the defendant's attorney, but only if the line up occurs post-indictment

-while a testimonial confession cannot be forced, the government can compel a defendant to produce physical evidence

-blood, DNA. ext

-whether a warrant to collect data will be required depends on the intrusiveness of the collection method, and if there are exigent circumstances

-objective approach (examines government's participation and whether its legal)

-subjective approach (defendants background towards crime)

-an affirmative defense.. which means the defendant must raise the defence and offer proof before state can argue)

-evidence obtained from illegal actions by police will be exclused under this court related rule

-weeks vs united states

-good faith exception (united states vs. leon)

-inevitable discovery exception

-public safety exception (new york vs. quarles)

-crimes that are initally wrong in nature.

-for example, murder

-crimes that aren't necessarily evil, but illegal nonetheless

-driving on the wrong side of the road accidently, parking illegally, religious laws

-criminal law is punitive (tries to teach suspect to not do it again)

-civil law seeks to repair damages and compensate for losses

-allow individuals to coexist in society

-define the wrongs to protect individuals

-define methods of determining guilt or innocense

-designate the type of punishment or treatment following conviction

-protection from harm caused by others

-protection from harm caused by ourselves

-protection of societal morals

-1 of the 3 paradigms (perspective) of law

-views society as a community consisting of like-minded individuals who agree on what is a crime

-1 of the 3 paradigms (perspectives) of law

-views society as being made of competing and conflicting interestes

-often about what is or isnt a crime

-made of those with power and those without

-1 of the 3 paradigms (perspectives) of law

-views society as made up of competing interests that ultimately control the definition of laws

-interest groups

-was the starting point for american criminal law

-from england

-legislative body determines a certain conduct should be forbidden

-bill is prepared and introduced to the house of reps or senate

-voted on there

-sent to the chief executive officer for approval

-what most crimes today are

-a wrong punishable under a statute rather than common law

-not stopping when getting pulled over, tax returns, failure to register as a sex offender

-the constitution

-federal government

-state

-municipality (town, village, ext.)

-the bill of rights

-deal with self expression, protection, religion, association, ext.

-meaning that there is some reasonable doubt as to the meaning of law

-the fifth and fourteenth amendments

-fourteenth amendment's equal protection clause

-"no state shall ... deny to any person within its juristiction the equal protection of the laws"

-law must be retrospective (apply to the events occuring BEFORE the enactment)

-must disadvantage the offender affected by it

-laws that punish behavior after the fact

-may criminalize actions that were legal when committed

-laws can still be passed if behavior in question harms others or intrudes unduly on governmental interests in safety and order

-has been recognized by the supreme court in various case decisions

-governmental interest (including the interest in protecting morals)

-felonies (worst)

-misdemeanors (least)

-treason (betrayal of one's country)

-treason

-actus reus: specific prohibited act (or omission) that constitutes a crime must be included.. pulling a trigger, ext.

-mens rea: criminal state of mind

-transferred intent: bad aim intent.. person 1 meant to shoot person 2, but shot person 3.. will not only get first degree murder, but also attempted murder for person 2

-each of these two is included in every crime's definition

-purposely

-knowingly (knows the nature and aware of result)

-recklessly (consciously disregards an unjustfiiable risk

-negligently (unaware but should have been aware)

-trial courts

-intermediate appelate courts

-surpreme or highest court

-special courts such as community courts, domestic violence courts and/or drug courts

-court rooms similar to tv

-prison often if convicted

-bankruptsy

-family matters, traffic violations..

-legal errors in proceedings leading to conviction

-in the federal court system when there is a federal constitutional issue at stake

-a public defender system (full-time employed in a public defender office)

-an appointment system (each judge  holds a list of attorneys to be appointed)

-or by contract attorneys (1 or 2 attorneys take all cases for a set amount.

-the missouri plan

-method of appointing judges that substitutes a nominating process by nominating committees and apointment by the governor

-trial courts (federal district)

-appellate courts (circuit or courts of appeal, overturn trial verdicts when they recognize errors of law)

-court of last resort (supreme coourt)

-used to bring a case forward to the supreme court

-you against governmental error in the deprivation of life, liberty, or property

-fifth (guarantees due process rights to us) and fourteenth amendments (us as state citizens, guarding against actions by state) to the constitution

-arrest

-booking

-first appearance

-preliminary hearing

-arrsignment

-trial

-sentencing

-to simply ensure presence at trial

-we have no constitutional right to bail

-the charging document used by grand juries

-while the info is the charging document of the prosecutors

-90% of cases

-pretrial motions

-jury voir dire (where attorneys quiz jurors to see if they'll be fair)

-opening statements

-direct examinations

-cross examinations

-rebuttal witnesses

-closing statements

-the sentencing hearing

-therefore it is a sixth amendment right to an attorney present at the time

-punishment

-incapacitation

-rehabilitation

-deterrence

-different origin and mission

-a variety of due process rights for juveniles, including the requirement of proof beyond a reasonable doubt

-declining

-violent crime is half that of its peak in the 1990s

-rehabilitative

-waive (juvenile court transfers to adult, child must be competent)

-direct file (often called concurrant jurisdiction, when prosecutor and juvenile prosecutor both have jurisdiction to pursue a case, and the prosecutor in adult criminal court prosecutes the juvenile)

-statutory exclusion (when a certain crime is statutorily excluded from juvenile jurisdiction, and the juvenile is automatically tried as an adult.. very bad crime)

-probation

-surpeme court disallowed the execution of youth who commited their crime were under the age of 18

-17 year old made plan to kill a woman

-eighth and fourteenth amendments barred the execution of anyone who committed their crime before 18.

50%

-refers to the practice of using a minor traffic violation to stop an individual and look for evidence of wrongdoing not related to the traffic stop

-earliest case to set boundaries for police

-person walking around bank, no probable cause

-had a gun

-holds up the right that police can stop for a quick investigation

-thermal imaging device held as a surveillance tool, and therefore the police should have had a warrant

-attorney must be present at line up

-protect us from our own foolish behavior (seatbelt laws)