Term
| Test used to find out insanity defense |
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Definition
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Term
| The doctrine that states you are not required to retreat from your home |
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Term
| At common law, children under what age were deemed incapable of forming required mens rea |
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Term
| The most widely used test to determine entrapment |
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Definition
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Term
| Says you can’t be punished or prosecuted twice for the same offense |
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Definition
| The Double Jeopardy Clause |
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Term
| What test says that two offenses are the same unless one requires proof of a fact that the other does not? |
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Term
| Minimum immunity that must be provided a witness to overcome a Fifth Amendment claim |
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Definition
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Term
| Where does the Constitution expressly provide for the right to privacy? |
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Definition
| US Constitution does not expressly protect privacy |
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Term
| “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” |
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Definition
| Free exercise and establishment clauses |
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Term
| These fall outside the protection of the 1st Amendment |
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Definition
1. Threats/fighting words
2. Advocacy of violence/disturbing the peace
3. Time, manner, and place restrictions on public speech
4. Child pornography/indecent exposure |
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Term
| In what way may some speech be regulated? |
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Definition
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Term
| The government’s freedom from being sued unless they agree to. |
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Definition
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Term
| Evidence that is obtained by an unconstitutional search or seizure is inadmissible at trial. |
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Definition
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Term
| Holds that evidence that is the fruit of an illegal search, seizure, or arrest may be admitted if it is probable that the evidence would have been obtained lawfully at a later date. |
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Definition
| Inevitable discovery doctrine |
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Term
| What must a defendant have before he can seek to have evidence excluded? |
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Definition
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Term
| Resurgence in state constitutional law |
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Term
| The 4th Amendment requires this for the issuance of a warrant |
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Definition
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Term
| Exceptions that allow a warrantless search |
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Definition
1. If you consent to search
2. Stop & frisk (exigent circumstance)
3. Plain feel doctrine (exigent circumstance)
4. Plain view doctrine (exigent circumstance)
5. Preservation of evidence: believe evidence will be destroyed before warrant obtained
6. Emergency responses & hot pursuit
7. Open fields doctrine (open fields around home, but not curtilage) |
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Term
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Definition
| Can use profiling to establish reasonable suspicion allowing a stop and frisk. |
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Term
| What is required for a warrantless arrest in a public place? |
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Definition
• Must be shown that officer who made arrest:
1. Had probable cause to believe that a crime was committed, and
2. That the person committed that crime |
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Term
| Says if you are federal defendant, you can seek to have confession suppressed if not taken to magistrate right after arrest |
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Definition
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Term
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Definition
1. Volunteered statements
2. Routine questions that are purely informational and normally do not lead to incriminating responses
3. Questions made by officers in the interest of public safety |
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Term
| Devices that track & record movement of people & things, needs probable cause standard |
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Definition
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Term
| Standard of admissibility required for scientific evidence |
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Definition
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Term
| What are the two ways to be formally charged with a crime? |
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Definition
• Information
• Indictment |
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Term
| Requirements for valid search warrant |
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Definition
Evidence presented must establish probable cause to believe that within the area to be searched, the items sought will be found.
Must be probable cause to believe that the items sought are connected to criminal activity.
Area to be searched and any item to be seized must be described with particularity.
Facts that are alleged to establish probable cause must be “supported by Oath or affirmation”
Warrant must be issued by a neutral and detached magistrate |
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Term
| Motion to suppress evidence |
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Definition
Evidence obtained in an unconstitutional manner can not be used at trial.
One way to get evidence excluded is to object to the admission of evidence at trial.
Motion to dismiss is other way, and done prior to trial. |
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Term
| Defenses/ exceptions for warrant-less search |
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Definition
1. If you consent to search
2. Stop & frisk (exigent circumstance)
3. Plain feel doctrine (exigent circumstance)
4. Plain view doctrine (exigent circumstance)
5. Preservation of evidence: believe evidence will be destroyed before warrant obtained
6. Emergency responses & hot pursuit
7. Open fields doctrine (open fields around home, but not curtilage) |
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