Term
| the excessive bail portion of the 8th amendment has not clearly been incorporated into the due process clause of the 14th amendment |
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| in order to assist a trial jury in understanding the evidence that has been presented, closing arguments by both the prosecution and defense counsel are considered evidence in the case and the jury may rely upon that evidence in reaching a decision |
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| a defendant in a criminal case within the US, whether prosecution is in state or federal court, has a 6th amendment right to a trial by jury |
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Definition
| when the potential sentence is greater than 6 months |
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| the SC has approved an enhancement in the length of federal sentences where the enhanced sentencse were based on facts on which the judge became aware from a presentence report |
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| generally an allegation that there exists some defect in the charbging instrument whether it is an indictment, information, or citation constitues a mandatory pretrial motion that in most cases will be waived if not asserted |
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| the SC has determined that the federal 5th amendment right to a grand jury indictment did not apply to the states though the due process clause of the 14th amendment so as to require a state to use a grand jury to initiate a serious criminal case |
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| following a criminal trial ever person who receives a conviction is entitled to make atleast one appeal as a matter of legal right |
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| the rules of evidence do not apply at grand jury proceedings and illegally seized evidence may be considered by the grand jury jurors in reaching a decision to indict a targeted individual |
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| a man allegedly robbed a federally insured bank. eyewitnesses fail to make a positive and unmistakable ID of the defendant at his federal criminal trial. the jury acquitted the defendant for federal robbery. on these facts: |
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Definition
A & C are correct.
cannot be tried again by the federal government, the state can indict |
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Term
| in determining that many defendants constitutionally qualified for a trail by jury the SC of the US does not require that state trial juries meet the requirements of federal trial juries. In state case where a trial by jury is constitutionally required, consistent with constitutional requirements, some states may |
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Definition
C & D correct
non unanimous 12 person jury in some cases, use a 6 person jury |
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Term
| for a criminal defendant to have a case heard by the SC of the US five justives out of nine must vote to hear the case |
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Term
in a state case where a defendant receives a criminal conviction following a trial that defendant
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Definition
A & B correct
no absolute federal right to file any appeal, state right to file on appeal in intermediate court of appeals |
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Term
| a defendant in a criminal case within the US whether the prosecutioon is in state or federal court has a 6th amendment right to a trial by jury when the potential sentence is greater than 6 months incarceration |
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Definition
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Term
| in order for a criminal defendant to have the supreme court of the US hear his case the court must first issue |
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| typically, if a defendant does not have legal counsel at an assignment the judge will appoint legal counsel for the indigent defendant at that time |
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| in Coleman v. Alabama, the Sc held that a pre-hearing was a critical stage in the criminal justive process..what can an attorney do that would be of crucial importance to a defendants criminal case? |
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Definition
| pretrial motions, hearing case against defendant, lack of evidence to continue, introduction of important facts |
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Term
| the power of a state to undertake criminal prosecutions derives from separate and independent sources of power and authority originally belonging to them before their admission to the union and are not dependant upon any power conferred by the government of the US |
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Definition
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| grand juries generally meet in complete secrecy to determine whether to return indictments against targeted individuals. grand jurys meet in secret |
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| a prosecutor who has in her possession that might indicate the innocence of the defendant is under no duty, even after a defence request, to offer the exculpatory evidence of innocence to the defense attorney |
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Definition
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Term
| serious consequences follow a violation of the right to a speedy trial. where a court determiens that a defendants constitutional right unther the 6th amendment has been violated, the remedy for the violation: |
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Definition
| is dismissal of the case with the inability to bring it back at any later time |
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Term
| in federal prosecutions where a jury vote fails to be unanimous and in state courts that require unanimous verdicts like in federal courts a nonunanimous jury vote does not constitute a verdict on the merits and will gernerally permit a defendant to be tried for a second time |
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Term
| on of the problems of the articles of condederation was that the national government had the power to coerce state governments into furnishing numbers of soliders for national defense that were beyong the financial means of some smaller states to provide |
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| the right to a speedy trial under the 6th amendment has never been incorporated into the due process clause of the 14th because a little delay does not affect any substantial rights of an accused defendant |
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Term
| in contrast with the gov. under the articles of confederation, the cnstution of the US grants power to the federal gov. to regulate both interstate and foreign commerce |
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Definition
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Term
| in the yrs following civil war, as condition of reentry in american union, states that had seceded from union were required to ratify 13,14, and 15th amendments to the constitution, such process |
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Definition
A & B
contrary to the philosophy that states were free to ratify or refuse to ratify amendments, did not follow the process for amending the constituion that is contained within the document |
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Term
| under the articles of confederation the states were free to conduct their criminal justice systems as each saw fit, virtually with no limitation from or involvement with the central gov. |
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Definition
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| in Wolf v. Colorado the SC reviewed a case where state officers had seized evidence from the defendant in the absence of a warrant and from the inside of his home. the court determined that |
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Definition
A & B
there was no due process violation by state police officials and the evidence was admissabl ein court where police obtained evidence under circumstancse where federal officesr would have violated the 14th, illegally seized evidence can be used in state trials without violating the criminal trials without violating the 14th due process clause
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| problem when drafting constitution involved issue because slaveholding states wanted slaves counted as full people and nonslaveholding state did not |
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| the restrictions of the bill of rights were designed to restrict both the gederal and state government by giving people specific guaruntees in writing |
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Term
| the 14th amendment to the constitution among other things |
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Definition
| required all states to grant due process to all persons within its borders |
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Term
| when constition of US was placed before state conventions for consideration there was political agitation toward placing bill of rights or ratificatin of the constitution with understanding bill of rights would soon be added.... |
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Definition
| people feared that the rights listed in the constitution would later be only rights government would say were guaranteed to the people |
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Term
| when constitution was released to states to consider ratification by its terms the constitution went into effect when ____ states had ratified the document |
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Definition
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Term
| the 15th amendment among other things |
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Definition
| prevented states from abridging the right to bote based on color, race, or previous conditions of servitude |
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Term
| the 5th amendment originally required both the states and federal gov. to pay private property owners the value of property that a gov. has taken for public use |
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Definition
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Term
| the fear of a strong local gov. prompted agitation for a bill of rights so that the federal gov. under the constitutin could protect the rights of the citizens in the several states |
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Definition
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| where there is any chance of receiving incarceratin as punishment an indifent defendant must be given free counsel at trial under interpreations of the 6th |
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Definition
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| as decided in Hurtado v. California and in case that is still good today no state must grant the right to grand jury indictment in a serious state prosecution |
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Term
| the 13th amendment to the constitution |
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Definition
| abolished slavery within the US |
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Term
| the magna carta provided that the king would be bound by the law and that the people would be free from unlawful imprisonment would be tried by judgment of their peers and that justice would not be bought or sold |
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Definition
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Term
| in passing amendement to abolish slavery the intention of the farmers did not include the preventing of a draft to select men against their will to serve in the armed forces of the US |
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Definition
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Term
| where evidence has been illegally seized by a gov. agent in violation of the 4th amendemtn, the current approach that excludes the illegally seized evidence from trial to prove guilt |
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Definition
| has the effect of placing the suspect and the government in the same postitoin, legally and evidentially, that they would have occupied had the gov. agent not violated the law |
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Term
| when the SC determined to incorporate the 4th amendemtn into the due process clause of the 14th amendment and at the same time invoke the use of the exclusionary rule for evidence ilegally seized, the court did so because it |
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Definition
| recognized that the other alternatives to enforce the 4th and 14th amendments with respect to search and seizure had been failures as demonstrated by the fact that many states had adopted their own exclusionary rule |
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Term
| the silver platter doctrine that developed following official recognition of the federal exclusionary rule had the effect of |
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Definition
| permitting federal prosecutors to use evidence that had been seized by the state and local police officers that would have been illegal if seized by federal law enforcement officials |
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Term
| reason the exclusionary rule isnt applied when judges have made errors that resulted in 4th amendment violations is that |
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Definition
| the exclusionary rule was designed to deter illegal conduct only by members of law enforcement and not to modify judicial conduct |
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Term
| at a minimum threshold level, PC for an arrest can be said to exist when a police officer has |
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Definition
| more than reasonable suspicion but less than the level of proof needed for conviction |
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Term
| the 4th amendments exclusionary rule is not applied to exclude evidence where a police officer has relied upon a warrant that was later help to be invalid for reasons unrelated to the conduct or efforts of the police |
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Definition
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Term
| within the context of the grand jury, the exclusionary rule can be used to prevent grand jury consideration of illegally seized evidence since that same evidence should never be introduced criminal trial |
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Definition
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Term
| an informants information without more cannot equal PC for an arrest |
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Definition
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Term
| reputation as a criminal is enough to be PC alone |
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Definition
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Term
| PC to arrest can become stale over time until the statute of limitations has passed |
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Definition
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Term
| a warrant is required to make a valid arrest |
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Definition
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Term
| as a general rule, PC to arrest that exists at one point in time will not usually become stale since evidence of the criminal act will remain unchanged |
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Definition
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Term
| PC for an arrest must be discovered before the arrest has occured |
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Definition
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Term
| the standard of belief required for PC must be more than a mere hunch but may fall far short of proof beyond a reasonable doubt |
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