Term
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Definition
| Tilted the balance of power toward process and individual rights |
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Term
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Definition
| Decisions made according to the law of criminal procedure |
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Term
| Discretionary decision making |
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Definition
| Judgements by professionals based on thier training and experience |
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Term
| Objective Basis Requirement |
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Definition
| The governement has to back up with facts every officially triggered restraint and the rights of individuals to come and go as they please |
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Term
List the aspects of the Fourth Amendment
The Free (three) amendment |
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Definition
1. Right to be free from unreasonable searches
2. Right to be free from unreasonable seizures
3. Right to probable cause to back up searches and seizures |
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Term
The Fifth Amendment
Shhhhh! 4 aspects |
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Definition
1. THe right to grand jury indictment in federal cases
2. The right against double jeopardy
3. The right to due process in federal cases
4. The right against self incrimination
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Term
The sixth amendment
8 aspects about trial |
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Definition
1. right to a speedy trial
2. right to a public trial
3. right to an impartial jury
4. right to have a jury made up of persons fromt he state and district where the crime was committed.
5. right to be informed of the charges against the accused
6. right to confront witnesses against the accused
7. right to a compulsory process to obtain wintesses in favor of the accused
8. right of the accused to defense counsel |
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Term
Eighth Amendment
3 parts against excess |
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Definition
1. right against excessive bail
2. right against excessive fines
3. right against cruel and unusual punishment |
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Term
Fourteenth Amendment
(2 - split equal) |
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Definition
1. The right to due process of law in state criminal proceedings
2. The right to equal protection of the law in state criminal proceedings |
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Term
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Definition
| Rights similar in the Bill of Rights and in the Constitution |
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Term
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Definition
| Estuardo was having an affair with Hurtado's wife and instead of hurting him then he told him to leave the city. Estuardo came back and rengaged with Hurtado's wife. In a brawl he shot Estuardo in the back when he turned to walk away and then beat him in the head to death with his gun. |
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Term
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Definition
| Major Courts rule over lower Courts |
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Term
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Definition
| Every race must be suspected equally and fairly. Goes along with the presumption of regularity |
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Term
Olmstead v. U.S.
privacy doctrine |
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Definition
Telephones were tapped without a warrant to find evidence of violations of alcohol laws. (1928)
USSC only applied tresspass doctrine to the appeal since "no officers physically entered the defendant's buildings"
Justice Louis Brandies dissented "sought to protect Americans in thier beliefs, thoughts, emotions, and sensations, the most comprehensive of rights and the right most valued by civilized men. |
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Term
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Definition
Reverses the tresspass doctrine. It concludes that the phone calls made by the defendant in the phone booth were considered to be provate and the tresspass doctrine can no longer be considered as controlling.
Dissent: no general right is created by the amendment to give the courts the power to deem unconstitutional everything which affects privacy. |
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Term
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Definition
| Miller says that his bank records were illegally siezed but the supreme courts disagreed and found that the checks and documents given to the bank were freely and voluntarily given. |
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Term
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Definition
| You cannot use thermal imaging in the home because at that time it was a techonology that was not readily available to the general public and it was a violation of privacy |
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Term
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Definition
| Was the dog sniff a search? No since it is something that anyone could do. It was routien and along with that the indicidual does not have the right to posses the substance in the first place. |
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