Criminal Procedure

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Criminal Procedure
2013-02-03 17:51:56
Criminal Procedure

Criminal Procedure
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  1. What is a remedy?
    A method of rectifying some wrong doing after a person believes that he or she has been harmed in some way, especially by the violation of their rights.
  2. What is an in-court showup?
    The witness identifies the perpetrator in court - sometimes occurs when the prosecutor asks the testifying witness to point at the perpetrator.
  3. What is competence?
    A witness's ability to remember events, communicate effectively, understand the importance of telling the truth, and the consequences of failing to do so.
  4. What is the impeachment exception?
    Evidence considered inadmissible earlier in the trial can be used to discredit the testimony of the defendant or witness.
  5. What is a line-up?
    An identification procedure where the suspect is placed alongside several other people who resemble the suspect in hopes that the witness or victim will identify the suspect in the lineup.
  6. What is direct examination?
    In-court questioning of a witness by the attorney who calls the witness. The witness is asked questions by the attorney who called the witness.
  7. In what 4 situations does the exclusionary rule not apply?
    • 1. Grand jury hearings
    • 2. Habeas Corpus hearings
    • 3. Parole revocation hearings
    • 4. Civil proceedings with no law enforcement investigation.
  8. What is accrediting?
    An effort to support, bolster, or improve the witness's testimony.
  9. What is cross-examination?
    In-court questioning of the witness by the opposing side's attorney.

    The witness is asked questions by the attorney who is not on the witness's side.
  10. What are the three situations involving confessions and the fruit of the poisonous tree?
    • 1. Confessions & standings
    • 2. Confessions & impeachments
    • 3. Confessions & the fruit of the poisonous tree
  11. What is the exclusionary rule?
    Supreme Court created rule requiring that evidence obtained in violation of the Constitution cannot be used in a criminal trial to prove guilt.
  12. What is the good faith exception?
    When an honest mistake is made during the course of a search and seizure where the police assumed they were following constitutional amendments or provisions, then the evidence is admissible.
  13. What are the 2 exceptions to the exclusionary rule?
    • 1. the good faith exception
    • 2. the impeachment exception
  14. What is a leading question?
    A suggestive question that the examining attorney wants answered based on the suggestion.

    An answer given by the witness based on a suggestive question given by the attorney.
  15. What is the definition of freedom?
    The ability to act without government interference.
  16. What is analyzed in the 4th Amendment analysis of search and seizure?
    There are 2 stages in the analysis of the 4th amendment:

    1) Search and/or seizure which are activities that trigger 4th Amendment protection

    2) Reasonableness - did the police act in line with the 4th Amendment requirement of probable cause vs. the person's reasonable expectation of privacy?
  17. Why is it important to view stop and frisk as 2 separate acts?
    The police need probable cause to stop a suspect but they also need a separate probable cause to frisk a suspect a swell. Probable cause to frisk is to search anyone who is threatening. If the police only needed probable cause to stop and frisk, they could temporarily detain everyone who seems to be doing something suspicious in a non-threatening way.
  18. What is administrative justification?
    Administrative justification is a lower standard of justification than probable cause because the lion share of administrative inspections deal with non-criminal searches where people involved voluntarily in highly regulated environments enjoy a reduced expectation of privacy. It is not a subterfuge for criminal investigations although a criminal investigation is permissible as long as probable cause is justified prior to the administration inspection.
  19. What is hot pursuit?
    Hot pursuit is an exigent circumstance where the police do not need a warrant because the suspect committed a serious crime, might escape custody or arrest, might harm others, or destroy or devalue evidence. The hot pursuit must originate from a lawful vantage point.
  20. What is the definition of a stop?
    A brief non-consenual encounter between a person and police that does not rise to the level of an arrest - the detention of a person by police for the purpose of an investigation.