Constitutional law Final Chapters 11 - 14

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Constitutional law Final Chapters 11 - 14
2014-12-10 23:50:00
Constitutional law Final Chapters 11 14
Constitutional law Final Chapters 11 - 14
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  1. Vocab: Beachheading
    The unconstitutional approach of purposely withholding the Miranda warnings until after a confession is obtained and then giving Miranda to re-ask the question (pg 342)
  2. Vocab: Interrogation
    The formal, systematic, express questioning by law enforcement of a person suspected of criminal activity, as well as the functional equivalent of express questioning

    (any words or actions by the police, other than those normally attendant to arrest and custody, that the police should know are reasonably likely to elicit an incriminating response from the suspect)

    • Interrogation - 348
    • custodial interrogation - pg 334
    • interrogation and Miranda warning - pg 335
    • interrogation and right to counsel - pg 376
  3. Vocab: Custodial interrogation
    questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way

    PG 334

    The Miranda Warning must be given to suspect interrogated in police custody, that is, when the suspect is not free to leave.
  4. Vocab: Public safety exception
    allows officers to question suspects without first giving the Miranda warning if the information sought sufficiently affects the officers' and the public safety

    pg 347 - 349
  5. Vocab: Double Jeopardy
    a prohibition against the government from trying someone twice for the same offense

    PG 354

    Forfeiture is not double jeopardy because it is considered a civil sancion rather than an additional criminal action. pg 403
  6. Vocab: Just Compensation
    • The requirement that property owners be paid fair market value by government when government takes their property
    • PG 355
  7. Case: Brown v. Mississippi (1936)
    Confessions obtained by the government through physical coercion violate the due process clause of the fourteenth amendment and are inadmissible

    in the case ed brown was accused of murder, and when he denied it, a he was hung from a tree, and whipped, several days later he confessed...

    pg 327 and 348 (better)
  8. Case: Miranda v. Arizona (1966)
    unless the government has provided the warnings advising the suspect of his or her Fifth Amendment rights, and that individual has provided a valid waiver, statements will not be admissible

    Pg 348
  9. Case: Escobedo V. Illinois (1964)
    "When the process shifts from investigatory to accusatory - when its focus is on the accused and its purpose is to elicit a confession... the accused must be permitted to consult with his lawyer." In determining whether a confession would be admissible, the Escobedo Court moved from a due process analysis to a Sixth Amendment right to have a lawyer present and that the suspect must be advised of this.

    PG 348
  10. Case: Dickerson V. United States (2000) Pg 344
    Miranda Stands rather than a return to the totality of the circumstances test

    The case challenged the FBI's use of Federal statue 3501 which stated that the admissibility of statements should turn only on whether they were voluntarily made, not weather Miranda warning had been given....

    • The Case had two major issues
    • 1) whether Miranda would remain when a federal statute didn't require it
    • 2) whether Congress could enact a law contrary to that which the Supreme Court had declared to be the constitutional requirment

    The Courts ruled that that decisions of the Court may not be overruled by an Act of Congress... and that Miranda would stand
  11. Case: Hiibel V. Nevada (2004)
    The right to remain silent is an informal reference to the Fifth Amendment's protection against compelled self-incrimination

    the right doesn't include the right to refuse to provide police identification to the police during a routine TERRY stop.
  12. Case: Florida v. Powell (2010)
    States that no exact wording is required to satisfy Miranda PG 349 or 332

    The Four warnings Miranda Requires are invariable, but the Court hasn't dictated the words in which the essential information must be conveyed.
  13. Case: Maryland V. Shatzer (2010)
    This Case set a new "14 day break in custody" rule, granting police the authority to initiate contract with a suspect who had previously asserted the right to counsel, without violating Edwards, if at least 14 days had passed since the original invocation of that right.
  14. Case: In Re Gault (1967)
    During Juvenile delinquency adjudication that may lead to commitment to a state institution.

    Applied sixth Amendment rights to juveniles, includeding the right against self-incrimination, to receive notice of the charges, to confront and cross-examine witnesses and the right to counsel
  15. Case: Gideon V. Wainwright (1963) PG 373, pg 386
    • established that indigent defendants are to be provided lawyers when faced with a Felony
    • "deprivation of liberty"
  16. Vocab: Jury Nullification
    ability of a jury to acquit a defendant even though jurors believe that person is guilty PG 369

    done because they do not feel the circumstances would make a conviction fair or they disagree with the law. such action taken by a jury nullifies, or invalidates, the law
  17. Vocab: Indigent
    Poor, unable to afford a lawyer
  18. Vocab: Deliberate Elicitation
    The Massiah standard that violates the Sixth Amendment by purposefully, yet covertly, drawing out incriminating statements from a suspect whose Sixth Amendment right to counsel has attached but who has not waived the right

    • from case Brewer V. Williams - case where police transport suspect in back of police car and mentioned "Christian burial"
    • Pg 378
  19. Vocab: Brady Rule
    Brady v. Maryland (1963)

    Establishes rules for discovery, making unconstitutional trial by ambush

    the suppression by the prosecution of evidence favorable to an accused upon request violates due process when the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution
  20. Vocab: Ineffective Counsel
    • PG 387
    • Powell v. Alabama (1932) the sixth Amendment right to counsel presumes counsel is effective. the right to counsel means little if the counsel provided is ineffective.

    • Two prong test-
    • 1) the counsel's representation fell below an objective standard of reasonableness
    • 2) there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different

    claims of ineffective counsel must point out specific errors of trial counsel and cannot be based on inferences drawn from the defense counsel's inexperience or lack of time to prepare, the gravity of charges, accessibility of witnesses to counsel, or the case's complexity
  21. how to legally waive your right to counsel
    Must be knowingly, intelligently, voluntarily expressed waiver... IE same as Miranda

    courts will consider the totality of circumstances how the waiver was obtained and the competency and age of the person, as well as issues of intelligence, health, and ability to understand the language.
  22. Case: Argensinger v. Hamlin (1972)
    a Defendant has a constitutional right to counsel During a trial when the defendant might be imprisoned, whether misdemeanor or felony whether for a felony or a misdemeanor pg 391
  23. Powell v. Alabama (1932)
    The right to counsel was provide to indigents defendants for free during a trial in a state capital case

    Held that denying legal counsel for a defendant at trial is a denial of due process

    the sixth Amendment right to counsel presumes counsel is effective
  24. Case: Douglas v. California (1963)
    • Pg 284
    • Held that the first appeal, a right itself, necessitated counsel. this right extends to only the first appeal and no further.

    any hearing or trial through the first appeal of right invokes the sixth amendment right to counsel, but the right does not extend to any additional appeals.
  25. Case: Snyder v. Louisiana (2008)
    • PG 369
    • In the capital murder trial of Allen Snyder, an African-American, all five prospective African-American jurors were dismissed, resulting in an all-white jury.

    The Court concluded that the judge acted improperly allowing the peremptory strikes of the black jurors.

    a trial should be invalidated on the basis of peremptory challenges having excluded a cognizable group from the jury such as excluding on the basis of race or gender alone
  26. Case: Melendez-Diaz V. Massachusetts
    • PG 370
    • The Supreme Court ruled that the common practive of submitting laboratory reports without testimony was unconsitutional

    it also held that a "notice-and-demand" statue was constitutional... which both put the defendant on notice that the prosecution would submit a chemical drug test report without the testimony of the scientist and gave the defendant sufficient time to raise an objection
  27. Case: Briscoe V. Virginia (2010)
    Case was Remanded PG 371

    • similar to Melendez-Diaz V. Massachusetts
    • another case involving the right to confront witnesses.

    under Virginia Laws prosecutors are allowed to present paper reports during theier case as long as they produced the analysts responsible for the reports during the defendant's case. IF requested

    Shifting the burden to the defendant and creating a waiver of a constitutional right through inaction.
  28. Vocab: Bail Reform Act of 1984
    PG 399

    established the practice of preventive detention for individuals deemed a threat to society or likely to flee, as well as other options to incarceration.

    granted judicail authority to include specific conditions of release for the community's safety. it also eliminated a presumption in favor of pretrial release through the bail process, allowing a court to deny bail for defendants
  29. Vocab: Proportionality analysis Criteria
    pg 404

    • In essence, making the punishment fit the crime.
    • a court's proportionality analysis under the Eighth Amendment should be guided by objective criteria including
    • 1) The gravity of the offense and the harshness of the penalty
    • 2) the sentences imposed on other criminals in the same jurisdiction
    • 3)The sentences imposed for the commission of the same crime in other jurisdiction
  30. Vocab: Bail Denial
    Bail may be denied in capital cases

    • and when the accused has threatened possible trial witnesses
    • or possible risk or danger to the community

    also when their is a flight risk
  31. Vocab: Bail Forfeited (forfeiture)
    • pg 400
    • in private bail bonding business, a bail bond provider posts a bond for upward of 10 percent of the bail amount with the court, to be paid if the defendant fails to appear
  32. Vocab: Asset forfeiture
    • PG 402
    • The seizure by the government, without compensation, of money and property connected with illegal activity

    Property connected with illegal activity may be forfeited when used as a "conveyance" (including aircraft, ships and motor vehicles) to transport illicit drugs. real estate used in association with a crime and money or other negotiable instruments obtained through criminal activity also can be seized, and such seizure is considered a civil sanction by the government

    The Amount seized through asset forfeiture must bear some relation to the value of the illegal enterprise
  33. Vocab: preventive Detention
    • PG 399
    • The Right of judges to consider the potential criminal conduct of those accused of serious offenses and deny bail on those grounds.
  34. Case: Furman V. Georgia (1972)
    • PG 412
    • The Supreme Court called for a ban on the death penalty in Georgia, ruling its law as it stood was capricious, and hence, cruel and unusual punishment
  35. Case: Gregg V. Georgia (1976)
    • PG 412
    • The Supreme Court reinstated the Georgia Death penalty by sustaining its revised death penalty law

    The death Penalty itself is not cruel and unusual punishment, but a capital case requires two proceedings: one to determine guilt or innocence and the other to determine the sentence
  36. Case: United States V. Ursery (1996)
    • PG 403
    • Forfeiture is not double jeopardy because it is considered a civil sanction rather than an additional criminal action
  37. Case: Ingraham v. Wright (1977)
    The Supreme Court allowed Corporal punishement to happen at school.

    "the state itself may impose such corporal punishment as is necessary for the proper education of the child for the maintenance of group discipline"

    Also school children have no need for the Eighth Amendment because the openness of the public school and its supervision by the community affords significant safeguards against the kinds of abuses from which the Eight Amendment protects the prisoner
  38. Case: Trop V. Dulles (1958)
    The Cruel and unusual punishments clause "must Draw its meaning from the evolving standards of decency that mark the progress of a maturing society

    the General rule under the Eighth Amendment is that punishment must be proportional or directly related to the crime committed
  39. Case: Jackson V. Indiana (1972)
    • PG 399
    • The Supreme Court ruled that the government may detain dangerous defendants who may be incompetent to stand trial
  40. Case: Graham v. Florida (2010)
    • PG 405
    • The Supreme Court Held that a life sentence, without the chance of parole, for a juvenile convicted of a non-homicide crime violates the Eighth Amendment clause against cruel and unusual punishment
  41. Case: Roper v. Simmons (2005)
    • PG 414
    • Held that the Eighth and Fourteenth amendments will not permit executing anyone under 18 years of age for committing a crime.
  42. Case: McCleskey V. Kemp (1987)
    • PG 415
    • the Supreme Court Held that a study showing that Georgia's death penalty was filled with with racial discrimination, held no bearing on McCleskey's case, and that McCleskey had not proved that his sentence was the result of racial discrimination
  43. Case: Penry V. Lynaugh (1989)
    • Pg 415
    • The Supreme Court prohibited executing mentally retarded individuals
  44. Case: Singleton V. Norris (2003)
    • PG 415
    • Since the Supreme Court Banned the execution of the insane in 1986, the Supreme Court allowed for a forced convicted murderer to take drugs to make him sane enough to be executed.
  45. Third Amendment
    Prohibits housing Soldiers in private homes during peacetime without the owner's consent and during wartime without legal process
  46. Seventh Amendment
    • PG 427
    • Establishes the right to federal jury trial for all "suits at common law" if the value is more than $20 (convert to roughly $450 today)
  47. Ninth Amendment
    • PG 428
    • established that the rights of U.S. citizens extend beyond those listed in the Constitution

    rights not specifically listed in the bill of rights are known as unenumerated rights and are no less important that specified rights and have been left to develop with our society.

    The Right of privacy has been referred to by the Supreme Court and has been used to infer such a right, But the Ninth Amendment does not guarantee this right
  48. Tenth Amendment
    The Tenth Amendment embodies the principle of Federalism, reserving for the states those powers not granted to the federal government or withheld from the states.
  49. Thirteenth Amendment
    • PG 434
    • Neither Slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

    Banned slavery, however allowed for slavery to continue
  50. Fifteenth Amendment
    Required that the right to vote shall not be denied or abridged because of race, color or previous condition of servitude.

    in other words, black males were given the right to vote
  51. Sixteenth Amendment
    • PG 437
    • Established the federal income tax:

    "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration"

    Tax Taxes
  52. Seventeenth Amendment
    describes how the U.S. Senate is to be composed, the qualifications required and how vacancies are to be filled
  53. Twenty-Sixth Amendment
    Lowered the voting age, giving the vote to U.S. citizens 18 years of age and older.
  54. Vocab: Selective Incorporation
    • PG 434
    • Holds that only the provisions of the bill of rights that are fundamental to the American Legal system are applied to the states through the due process clause of the fourteenth Amendment; also known as the incorporation doctrine
  55. Vocab: Federalism
    • PG 430
    • A principle whereby power is shared by the national government and the states; the Tenth Amendment provision reserving for the states those powers not granted to the federal government or withheld from the states

    The Tenth Amendment embodies the principle of Federalism
  56. Vocab: Delegated Powers
    • PG 431
    • Powers of the national government, both enumerated and implied by legal authority, delegated or entrusted to the national government by the states and the people
  57. Vocab: Reserve Powers
    • PG 431
    • The Powers kept by the states
  58. Colgrove V. Battin
    Pg 438

    The Courts said that Six-person juries were permissible in federal civil trials.
  59. Thomas V. Union Carbide
    PG. 438

    The Court held there was no right to a jury trial when congress had created other administrative remedies
  60. Griswold V. Connecticut
    pg. 439, 445 119, 85-87

    "The Ninth amendment states but a truism that all is retained which has not been surrendered' was framed by james Madison and adopted by the States simply to make clear that the adoption of the bill of Rights did not alter the plan that the Fed was to be a government of express and limited powers and that all rights and powers not delegated to it were retained by the people and the individual states"
  61. Stack V. Boyle
    pg. 413

    the leading case for bail law...

    in stack, the defendants were charged with advocating the violent overthrow of the government during the cold war, when there was great concern over the threat communism....

    held that any amount of exceeding that necessary to ensure a return to trial violated the eighth amendment.
  62. Wilson V. Seiter
    Pg 431

    ruled that prisoners must prove prison conditions are objectively cruel and unusual and show they exist because of officials deliberate indifference.
  63. United States v. Salerno