Term
| Constitutional Requirements Binding on States |
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Definition
-4A prohibition against unreasonable searches and seizures, and the exclusionary rule
-5A privilege against compulsory self-incrimination
-5A prohibition against double jeopardy
-6A right to speedy trial
-6A right to public trial
-6A right to trial by jury
-6A right to confront witnesses
-6A right to compulsory process for obtaining witnesses
-6A right to assistance of counsel
-8A prohibition against cruel and unusual punishment |
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Term
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Definition
judge-made doctrine that prohibits introduction of evidence obtained in violation of D's 4A, 5A, and 6A rights--"fruit of the poisonous tree"
exceptions to this rule:
-fruits derived from statements obtained in violation of Miranda (if Miranda failure was not purposeful)
-evidence obtained from a source independent of the original illegality
-intervening act of free will (D illegally arrested, is released, then comes back later and confesses)
-inevitable discovery: prosecution can show evidence would have been discovered anyway
-violations of the knock and announce rule
Limitations on Rule:
-inapplicable to grand juries, civil proceedings, violations of state law, internal agency rules, parole revocation proceedings
-good faith reliance on law
-impeachment
Harmless Error Test: if illegal evidence is admitted, a resulting conviction should be overturned on appeal unless prosecution can show beyond a reasonable doubt that error was harmless. In habeas proceeding, D should be released if he can show that error had a substantial and injurious effect or influence on the verdict |
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Term
| Fourth Amendment - General (What Is A Seizure?) |
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Definition
4A provides that people should be free from unreasonable searches and seizures
what constitutes a seizure--a seizure occurs when a reasonable person would believe that she is not free to leave or terminate an encounter with the government |
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Term
| Fourth Amendment - Arrests |
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Definition
an arrest occurs when the police take a person into custody against her will for purposes of criminal prosecution or interrogation
probable cause: an arrest must be based on probable cause--i.e., trustworthy facts or knowledge sufficient for a reasonable person to believe that the suspect has committed or is committing the crime
warrant generally not required except for home arrest--generally not required for an arrest of a suspect in a public place |
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Term
| Fourth Amendment - Other Detentions |
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Definition
Stop and Frisk: if police have a reasonable suspicion of criminal activity supported by articulable facts (not just a hunch), they may detain a person for investigative purposes; if the police also have a reasonable suspicion that the detainee is armed and dangerous, they may frisk the detainee for weapons
-duration: no longer than necessary to conduct a limited investigation to verify the suspicion
-can turn into an arrest if during the detention other probably cause for arrest arises
Automobile Stops: generally, police may not stop a car unless they have a reasonable suspicion to believe that a law has been violated
-if special law enforcement needs are involved, police may set up a roadblock
-automobile stop constitutes a seizure not only of the automobile's driver, but also of any passengers as well
-police may order occupants out of the car
-pretextual stops: if police reasonably believe driver violated a traffic law, they may stop the car, even if their ulterior motive is to investigate whether some other law (for which they lack reasonable suspicion) has been violated |
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Term
| Evidentiary Search and Seizure |
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Definition
must be reasonable to be valid under 4A
analysis:
1) Does D have a 4A right (seizure by the government concerning a place or thing in which D had a reasonable expectation of privacy)?
2) Did government have a valid warrant, issued by a neutral and detached magistrate, on a showing of probable cause and reasonably precise as to the place to be searched and items to be seized?
3) If the police did not have a valid warrant, did they make a valid warrantless search and seizure? |
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Term
| Reasonable Expectation of Privacy |
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Definition
person has a legitimate expectation of privacy any time:
1) he owned or had a right to possession of the place searched
2) place searched was in fact his home, whether or not he owned it or had a right to possession of it; or
3) he was an overnight guest of the owner of the place searched
no reasonable expectation of privacy in objects held out to the public |
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Term
| Searches Conducted Pursuant to a Warrant |
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Definition
warrant will only be issued on a showing of probable cause to believe that seizable evidence will be found on the person or premises at the time warrant is executed
police may reasonably rely on validity of warrant
warrant must be precise on its face (reasonable specificity in description of place/items to be searched and seized)
only police (not private citizens) may execute a warrant, and must be executed without unreasonable delay |
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Term
| Exceptions Permitting Warrantless Searches |
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Definition
warrant required in all but these 6 circumstances:
1) search incident to constitutional arrest
2) automobile exception: if police have probable cause to believe that a vehicle contains fruits, instrumentalities, or evidence of a crime, they may search the whole vehicle and any container which might reasonably hold the item for which they have probable cause to search
3) plain view: a warrantless search is valid when police i) are legitimately on the premises, ii) discover evidence, fruits, or instrumentalities of crime/contraband, iii) see such evidence in plain view, and iv) have probable cause to believe that the item is evidence, contraband, or a fruit or instrumentality of crime
4) consent: must be voluntary and intelligent
5) stop and frisk: note--a stop is not an arrest, so full probable cause is not necessary
6) hot pursuit, evanescent evidence, and other emergencies: may even pursue into a private dwelling |
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Term
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Definition
reasonable only if:
1) it offers a moderate chance of finding evidence of wrongdoing
2) measures adopted to carry out the search are reasonably related to the objectives of the search
3) search is not excessively intrusive in light of the age and sex of the student and nature of the infraction |
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Term
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Definition
| Admissibility of D's confession involves analysis under 14th Amendment, Fourth Amendment, Fifth Amendment, and Sixth Amendment |
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Term
| Confessions - Fourteenth Amendment - Voluntariness |
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Definition
| to be constitutional under the Due Process Clause, confession must be voluntary, as determined by the totality of the circumstances |
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Term
| Confessions - Sixth Amendment Right to Counsel |
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Definition
6A guarantees the right to the assistance of counsel in all criminal proceedings, which include all critical stages of a prosecution after charges have been filed
prohibits police from deliberately eliciting an incriminating statement from D outside the presence of counsel after D has been charged, unless he has waived his right to counsel |
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Term
| Confessions - Fifth Amendment Privilege Against Compelled Self-Incrimination |
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Definition
Miranda: a person in custody must be informed, prior to interrogation:
1) he has the right to remain silent
2) anything he says can be used against him
3) he has the right to the presence of an attorney, and
4) if he cannot afford an attorney, one will be appointed for him
Effect of Violation: confession may be used for impeachment of D, but not used as evidence of guilt |
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Term
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Definition
a suspect has a right to the presence of an attorney at any post-charge lineup or showup; no right to counsel at photo identifications or when police take physical evidence such as fingerprints
can challenge on Due Process grounds if the identification is unnecessarily suggestive and there is a substantial likelihood of misidentification
Remedy: exclusion of the identification |
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Term
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Definition
Preliminary Hearing to Determine Probable Cause to Detain: if probable cause has already been determined (e.g., arrest pursuant to warrant or grand jury indictment) then this is not necessary; if probable cause has not been determined AND there are significant constraints on an arrestee's liberty (jail or bail) then a hearing must be held within a reasonable time (e.g., 48 hrs).
Bail: most states create a right to be released on bail unless the charge is a capital one. Generally, bail may not be set higher than is necessary to ensure D will appear at trial. Bail may also be denied if D is a flight risk or danger to the community. |
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Term
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Definition
D has no right to notice that an indictment is being considered
D has no right to counsel, to present evidence or witnesses, or to be present
For MBE purposes, exclusion of minorities from the grand jury is basically the only defect sufficient to quash a grand jury indictment. |
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Term
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Definition
determination of whether D's 6A right to speedy trial has been violated is by totality of the circumstances. Factors considered:
-length of delay
-reason for delay
-whether D asserted his right to speedy trial
-prejudice to D
Remedy is dismissal without prejudice
right does not attach until D has been arrested or charged |
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Term
| Prosecutorial Duty to Disclose Exculpatory Information and Notice of Defenses |
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Definition
government has a duty to disclose material exculpatory evidence to D
failure to disclose (whether willful or inadvertent) violates the Due Process Clause and is grounds for reversing conviction if D can prove:
1) the evidence is favorable to him either as impeachment or exculpatory evidence
2) prejudice has resulted (i.e., there is a reasonable probability that the result of the case would have been different if the undisclosed evidence had been presented at trial) |
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Term
| Competency to Stand Trial |
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Definition
incompetency is a bar to trial, NOT a defense to the crime (distinguish: insanity)
based on D's mental condition at the time of trial; if D later regains competency, he can then be tried and convicted
Due Process Standard: D is incompetent to stand trial if he either:
1) lacks a rational as well as factual understanding of the charges and proceedings, or
2) lacks sufficient present ability to consult with his lawyer with a reasonable degree of understanding |
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Term
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Definition
-right to a public trial
-right to an unbiased judge
-due process is violated if:
--trial conducted in a manner that makes it unlikely that jury gave the evidence reasonable consideration
--state compels D to stand trial in prison clothing, or shackled
--jury is exposed to influence favorable to the prosecution |
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Term
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Definition
-right to trial by jury: only for "serious" offenses (punishment of 6+ months imprisonment)
-no constitutional right to a jury of 12; must be at least 6
-unanimity not always required
-right to impartial jury
-right to venire selected from representative cross-section of community (NOT proportional representation of all groups on D's specific jury) |
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Term
| Right to Counsel at Trial |
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Definition
violation of this right at trial requires reversal (only if imprisonment is actually imposed)
waiver of this right must be knowing and intelligent |
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Term
| Right to Confront Witnesses |
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Definition
6A grants a criminal D the right to confront adverse witnesses
not absolute right--face to face confrontation not required when preventing the confrontation serves an important public purpose (protecting child witnesses from trauma) |
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Term
| Burden of Proof and Sufficiency of Evidence |
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Definition
| Due Process Clause: requires in all criminal cases that the state prove guilt beyond a reasonable doubt; D asserting an affirmative defense has the same burden |
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Term
| Guilty Pleas and Plea Bargaining |
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Definition
judge must determine that the plea is voluntary and intelligent; must do so by addressing the D personally in open court on the record
D must know and understand things like:
1) nature of the charge to which the plea is offered and the crucial elements of the crime charged
2) maximum possible penalty and any mandatory minimum
3) that D has a right not to plead guilty and that if he does plead guilty, he waives the right to trial
remedy for failure is withdrawal of the plea and pleading anew
judge does not have to accept the plea |
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Term
| Constitutional Rights in Relation to Sentencing and Punishment |
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Definition
D has a right to counsel during sentencing
D has no right to confrontation or cross-examination
Hearsay evidence admissible
8A prevents cruel and unusual punishment |
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Term
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Definition
indigent has no right to counsel at a habeas corpus proceeding
petitioner has burden of proof by preponderance of the evidence to show an unlawful detention |
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Term
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Definition
under 5A, a person may not be retried for the same offense once jeopardy has attached
jury trial: jeopardy attaches at the empaneling and swearing in of the jury
bench trial: jeopardy attaches when the first witness is sworn
exceptions:
1) first trial ends in hung jury
2) when there is manifest necessity to abort the original trial or when termination occurs at the behest of D on any ground no constituting acquittal on the merits
"same offense": two crimes are not the same offense when each has an element the other does not |
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Term
| Privilege Against Compelled Self-Incrimination |
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Definition
who may assert: natural persons only, not corporations or partnerships
when may assert: whenever person's response might furnish a link in the chain of evidence needed to prosecute him; if civil proceedings occur first, must assert the privilege in the civil proceedings to preserve privilege for the criminal proceedings
scope: protects only testimonial or communicative evidence, not real or physical evidence
only protects against compelled testimonial evidence--so any voluntary writing, for example, may be seized or compelled |
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Term
| Juvenile Court Proceedings |
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Definition
rights that must be afforded:
1) written notice of charges
2) assistance of counsel
3) opportunity to confront and cross-examine witnesses
4) right not to testify
5) right to have guilt established by proof beyond a reasonable doubt
if D adjudicated as a juvenile, double jeopardy prevents D from also being tried as an adult for the same crime |
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Term
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Definition
actions for forfeiture are brought directly against property and are quasi-criminal in nature; therefore, certain constitutional rights may exist for those persons whose interest in property would be lost by forfeiture:
1) pre-seizure notice
2) hearing
3) may be subject to 8A's prohibition on excessive fines |
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