Shared Flashcard Set

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Outline 1
March 21 2012
39
Criminal Justice
Undergraduate 1
03/21/2012

Additional Criminal Justice Flashcards

 


 

Cards

Term
Brown V. Mississsippi
Definition

Physical Coersion;

Beat him up to get confession

Term
Ashcraft V. Tenesse
Definition

Psychological Coersion;

deprived him of food, water etc

Term
Spano V. New York
Definition
Totality of the Circumstance approach
Term

Miranda Doctrine:

Miranda V. Arizona

Definition

Custodial Interrogation

Inherent/ Compelling Pressures

Assertion/ Waiver of rights

Reassertion of rights

Term
Miranda Rights
Definition

Right to:

 

 

 

remain silent, see an attorney,if you cannot afford one one will be provided for you, appoint counsel anything you say can and will be used against you in the court of law,

Term
5th amendement Privelege to Self- Incrimination
Definition

broader than the miranda rights

 

Term
Berkemer V. McCarty
Definition

routine traffic stop, motrocyclist DWI

miranda applies to misdemears and felonies,

rights were not required at the stop but required at the police station

Term
Orozco V Texas
Definition

Custodial Intrrogation:

 

there doesnt have to be a formal arrest as long as the detention is equivalent to an arrest situation

 

Defacto Arrest: in custody but not told they are under arrest

 

Format arrest- they are told they are under arrest

not read his rights, no lawyer was present during questionning

Term
Oregon V Mathiason
Definition

NOT arrested but was interrogated voluntarily went down to the police station

 

confession was obtained by lie of the police

 

Coercive enviroment

where miranda is intended to apply

Term
Yarborough V. Alvarado
Definition

Whether police should consider age, history of suspect in determining if he is in " custody" and entitled to miranda rights

 

 

 

Was a minor charged with attempt of buglary and robbery

Term
J.D.B  V. North Carolina
Definition

age IS relevant in determining if a minor is in custody

 

 

 

minor was 13 years old, miranda warnings required

Term
Illinous  V. Perkins
Definition

Under cover agent was put in jail to be buddy with suspected murderer to obtain confession

 

Miranda warnings were not given when an undercover agent asks questions that could result in incriminating statements

 

 Miranda warnings not required if the suspect does not know that the undercover agent is a law enforcer

no chargers filed: 6thA righ to concil not to isssue b/c no charges had been filed

Term
Howes V. Fields
Definition

was interrogated in the conference room of a prison

statements were amissable

 

Refused to establish a Per Se Rule= IN PRISON =IN CUSTODY

Term
Rhode Island V. Innis
Definition

Murdered 1 taxi cab driver and the other 1 taxi cab driver ID him Innis was arrested and in the car police were talking amongst themselves then innis cuts into the conversation and says okay ill tell you where the gun is

 

5th amendment P.A.S.I applies wasn't under interrogation

Term
Duckworth v Eagan
Definition

The police tell him that he is aloud to have an attorney but they cant provide one for him

was read all miranda rights

 

Satisfied Miranda in 5 to 4 decision (decision from supreme court justices)

Term
Florida V. Powell
Definition

not specifically told that you could a lawyer present during interrogation

 

Satisfied Mirand , Sufficient and clear

Term
Fare V. Michael C
Definition

minor was subject to interrogation asked to see probation office and the police said he wasn't aloud too

 

Miranda- gives right to an attoryney

 

 

Difference between attorny and probation officer

Term
Edwards V. Arizona
Definition

Confesion invalidly obtained

 

asserts right to an attorney and continues interrogation without the attorney being present

 

Term
Minnick V Mississippi
Definition

right to attorney

right to council with them too

 

 

defendent was given attorney but not given time to council with attorney before interrogation

 

Term
Maryland V Shatzer
Definition

police have to wait 14 days before a second interrogation can be conducted after an assertion of the rights to council

 

 

Term
Michigan V Mosley
Definition

Asserts right to silence reguarding a robbery homicide detective, not a part of the initial interrogation

 

believes  he is involved in murder

reads him his rights, Mosley waives them confession valid to the murder

 

- no questioning can be done until concil is present

Term
Berghuis v Thompkins
Definition

warnings read and remained silent and didnt sign waiver of rights, Defendent stays silent only answers questions not pertaining to the case

then asked do you think god will forgive you for shooting at the mall? Defendent says yes

 

Do not need a written waiver or expressed waiver it can be implied

Term
Moran V Burbine
Definition

things happened outside of the defendents knowledge

has no affect on their waiver of rights

 

Term
Colordado v Connelly
Definition

voluntariness of valid waiver means there is the absence of government coercion

 

guy claimed the vioces in his head told his to confess

 

confession valid, waived his rights

Term
Harris v. New York
Definition

Miranda warnings were not given

 

incriminating statment made is inadmissible at the trial

CAN be used to impeach the defendants credibility

Term
Michigan  V. Tucker
Definition

defendent refers the police to a friend who can confirm his alibi; friend makes an incrimination statement against the defendent 

 

Defendant inadmissibility of statement doesnt extend that statement given by the friend

Term
Oregon V. Elstad
Definition

Fruit of the Poisonous Tree Doctrine

 

Miranda violation (not read rights - unintentionally) NOT a constitutional violation

 

arrested, interrogated, admits to being at the scene of the buglary

 

 

Term
Missouri v Seibert
Definition

Routine practice at the police station to delibertately not given the miranda warnings to  get a confession

 

 

confession again was found inadmissable

Term
Bobby v. Dixon
Definition

killed victim, took his car, forged his identitiy

1st interrogation, asserts righ tto council

 

2nd interrogation: not read his rights, confession to forgerdy inadmissible

3rd interrogation: warnings given, waived, admissable confession to the murder

 

Term
Doyle V Ohio
Definition
Silence post- Miranda can be used to impeach their credibility
Term
New York v. Quarles
Definition

Public Safety Exception to Miranda

 

guys with gun is arrested in grocery store, hid the gun somewhere , police asks where the gun is located

Term
Pennsylvania v. Muniz
Definition

Routine Booking Question Exception to Miranda

 

administrative questions like what color is your eyes...

 

drunk, slurred speech

Term
Dickerson V. US
Definition

opportunity to overturn the Miranda decision

 

Miranda was upheld, majority opinion

Term
Schmerber v California
Definition

Defendent was DWI refused to get blood test

 

police obtained blood test and revealed intoxicatication

 

5th APASI not violated; only applies to testimonial evidence

Term
 Massiah V. US
Definition

Agents could hear co conspirators and  defendents conversation in the car with a radio underneath his seat

 

defendent said several self incrimination staments

 

it violated his 6th amendment right to coucil and it rendendered inadmissible

Term
Brewer v Williams
Definition
once judicial proceedings again the defendent has a right to council
Term
4th Amendment Prohibition of Unreasonable Searches/ Seizures
Definition

Reasonableness


 

Term
Exclusionary Rule
Definition
illegally obtained evidence cant be used at trial to prove the guilt of a defendent
Term
Fruit of the Poisonous Tree
Definition

Wong Su v US

constitutional violation

doesn't apply to the Miranda warnings

things gained after something was illegally obtained

i.e evidence, statements etc

 

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