Criminal Procedures

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Criminal Procedures
2010-01-31 19:01:00
Criminal procrdure chapters 1 and 2 test review

Test Review 1
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  1. Was the Bill of Rights in the original constitution?
    No, it was added later
  2. What is the Privalge against self incrimination?
    Voluntarily gives information. "only applies to testomonial evidence"
  3. Affirmed
    to let the rulling of the lower court stand
  4. Equal protection clause
    States that the goverment cannot treat an identifiable group differently with out agood reason. (discrimination) covered in the 14th amendment
  5. Protected classes
    include Race, gender,religion, national orgin ( goverment must have a compelling reason to discriminate)
  6. Non-Protected classes
    include Rational basi, legitimate reason
  7. Majority Opinion
    Joined in by majority of judges and justices. its the only one the counts as law or precedent
  8. Concurring Opinion
    Agrees with results of majority, but for different reasons
  9. Desenting Opinion
    Disagrees with both results and resoning of majority
  10. Star Decisis
    the doctrine in which a prior decision binds a present case with similar facts. "the decision stands"
  11. Precedent
    A prior decision that's binding on a similar present case.
  12. Florida Court Systems
    (bottom to top) County courts, Circuit courts, District courts of appeals, Florida supreme courts
  13. Federal Court System
    (bottom to top) Magistrates courts, District courts, U.S. Circuit courts of appeal, U.S. supreme courts
  14. writ. of Certiorari
    (latin for; to be certified) It's a discretionary order of the Supreme Court to review a lower courts decision.
  15. Excessive bail
    (8th amendment) Is a payment that has to be paid befor you can be released. founding fathers decided that bail would refer to criminal offences. " what amount of money will grab the defdents attention to return for court.
  16. Probition against double jepordy
    (5th amendment)Constitutional protection against being tried for the same offence more than onece.
  17. Writ. Habeas corpus
    Unjustly imprisond, habeas "bring", corpus "body". "BRING THE BODY"
  18. Due Process
    (5th/14th amendment) States that the govement cannot take somthing away from and individual with out compensating for their loss and adiqute notice with a chance to be heard.
  19. Supremacy Clause
    "Supreme law of the land" states that all laws and procedures must be constitutional.
  20. Judicial Review
    • Decides what is or isnt constitutional and, will interupt the U.S. constitution.
    • e.x Malbury vs. Madison (1803)
  21. Out Lawing Torture
    (8th amendment) protects against cruel and unusual punishment, didnt have a problem with death penalty.
  22. 9 Justices on the supreme court
    Rule 4. 4 justices must agree to hear a case befor it is brought in for trial
  23. 2 parts of the 6th amendment
    • Right to concle
    • Right to confentation (see, hear, observe, and cross exaim)
  24. 8th amendment
    Was not about the Death penalty, it was about ending torture. the founding fathers were all for the death penalty if the crime suited it.
  25. 4th amendment
    • Protects us agains un-reasonable searches and seizures
    • (person,house,papers,effects)
  26. Selective incorporation (1960's)
    U.S. supreme courts used 14th amendment due process forced protection of bill of rights on the states ONE BY ONE
  27. Protective Classes
    protect classes protect people from discrimination due to their race,gender,religion and national origin. they must have a compelling reason to discriminate if one of these issues are brought up
  28. Powell Vs. Alabama
    the defendant wasnt provided meaningfull assistence, he was giving a public defender who never reviewed his case. Powell was covered by the "Fundimental Fairness Doc." the case was rejected
  29. Brown Vs. Mississippi
    The confession was beaten out of the defentant and used against them in trial. this was a violation of the "fundimentally fairness doc." you cannot force a confession out of someone. this case was rejected
  30. U.S. Vs. Armstrong
    • this was a "selective prosecution" case meaning that you have a prosecuter making dessicions to prosecute or not prosecute based on discriminatory purposes. defendents would have to show 1 similar situated case were the (white) deffendant was not prosectued.
    • -Armstrong couldnt prove "selective prosecution"
    • he was found guilty