amendments five-eight

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Author:
verde17
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86212
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amendments five-eight
Updated:
2011-05-18 21:54:25
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amendments five eight
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basic description and rules
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  1. protection against double jeopardy
    can't be on trial for the same crime twice
  2. Exceptions to the no double jeopardy rule:
    • 1. released before trial but later arrested for the same crime
    • 2. hung jury-can't decide
    • 3. many charges for one act
    • 4. appear in federal and state court.
    • 5.appear in criminal and civil court
    • 6. Appear in a higher court
    • 7. government appeal to get a higher sentence
  3. Protection against self incrimination
    • can't be forced to be a witness against yourself or your spouse
    • often named as taking a 5th
  4. Exceptions to the right against self incrimination:
    • apear in a police lineup
    • repeat words to a witness to ID a voice
    • Immunity=free from punishment in return from testifying
    • Non-testimonial evidence=not related to speaking
  5. What are some examples of non-testimonial evidence
    fingerprinting,blood/DNA samples,handwriting
  6. does a person have to take a lie detector test?
    no
  7. Miranda vs ariizona
    suspect must be informed of his rights
  8. miranda warnings
    • 1 you have the right to remain silent
    • 2 anything you say and do can and will be used against you in a court of law
    • 3 you have the right to an attorney
    • 4 if you cannot afford an attorney one will be appointed for you
  9. when does a person need to be given the Miranda warnings by the police
    in the custody of the police and being interrogated(questioned)
  10. What about questioning down at the police station
    A if a person voluntarily goes down to the police station-
    B if the police order a suspect to go down to the police station
    • A do not have toi give them
    • B must be given
  11. waiver
    voluntarily give up your rights
  12. when can a waiver be stopped
    anytime
  13. conduct/actions of the police
    if the police do any of the following to a suspect a voluntary confession can still be thrown out
    • physical force or threats
    • unrealistic promises
    • confine to a small area
    • deprive of basic needs(food drink sleep bathroom)
    • interrogate for an extremly long time
    • entrapment=when a person is tricked or persuaded into committing a crime by police
  14. characteristics of the suspect
    if the suspect being questioned has any of the following characteristics a voluntary confession can still be thrown out:
    • very young age
    • mental illness
    • low IQ
    • under the influence of drugs or alcohol
  15. Situations when the police DO NOT have to give the miranda warnings
    • 1. public safety exception-danger
    • Example a bomb is ready to go off and the suspect knows where it is
    • 2. general questions
    • example what did you see?Whats yor name?
    • 3. statements made to a private person
    • 4. in custody but no interrogation
    • 5. Asked questions but not in custody
    • 6. stop and frisk
    • 7. traffic stop
    • 8. statement before a grand jury
  16. fruit of the poisonous tree
    evidence/confessions obtained illegally cannot be used in court
  17. Grand Jury, Trial Jury-question decided, issue a/an, # of jurors, How many must agree, Who is there
    • -is there enough evidence for a trial
    • -indictment
    • -23
    • -majority(12)
    • -only the gov side
    • =guilty or not guilty
    • =conviction
    • =12
    • =all 12
    • =both sides
  18. indictment
    grand jury rules the person must go to trial
  19. what does the right to do process mean?
    • innocent until proven guilty
    • gov. must prove the case beyond a reasonable doubt
  20. juvenile
    anyone under 18
  21. parens patriae
    court acts as loving parents trying to rehab ilitate instead of punish
  22. in re gault
    juveniles have the right to due process
  23. what constitutional rights do juveniles have
    all but one
  24. what is the only right that courts have ruled is not guarenteed to juveniles
    trial by jury
  25. eminent domain
    • right to take private property for pubic use
    • examples of what may be considered public use: highway, mall, stadium
  26. what is just compensation
    fair market value what a buyer would pay to a seller at the time
  27. does the gov have to pay moving expenses or replacement costs
    no
  28. reasons for a speedy trial
    • 1 not fair to keep you in jail
    • 2 memory of witnesses
  29. statute of limitations
    can't be charged with a crime after a period of time
  30. for what crime is there never a statute of limitations
    homicide
  31. speedy trial act
    trial for federal crime must begin within 100 days of an arrest
  32. if you are in jail the trial must begin within-
    180 days
  33. if you are not in jail the trial must begin within-
    365 days
  34. exceptions to the speedy trial laws-
    • -motion filed
    • -major witness is unavailable
    • -waiver
    • -illness
  35. why the right to a public trial
    people can come in and watch
  36. exceptions to the right to a public trial
    • -those who disrupt are banned
    • -court room cleared for embarassing testimony
    • -national security case
    • -cameras may not be allowed
  37. who decides whether or not television cameras will be allowed in the courtroom
    judge
  38. impartial
    don't have your mind made up
  39. when does a jury not hear a criminal case
    • 1. waiver
    • 2. max punishment is less than 6 months
    • 3. Juvenile
  40. bench trial
    case heard by a judge
  41. Jury must come from the local area where the crime was committed
    exception:
    -change of venue
    -change of venire
    • to much local publicity
    • -move the trial
    • -get a jury from somewhere else
  42. must be informed of the nature of the charge agianst him
    when is a person informed of the charges against them
    during arrest, booking, or indictment
  43. must be confronted with witnesses against him
    what does the right of confrontation mean
    get to look your accuser in the eye
  44. right to obtain witnesses in your favor
    power of the subpoene-
    document forcing a witness to testify
  45. right to have assistance of counsel
    counsel=
    lawyer
  46. gideon vs wainwright - the court must pay for an attorney for the defendant if the following two situations apply(need both things):
    • 1cannot afford one
    • and
    • 2crime is a felony or punishment involves jail
  47. indigent
    poor
  48. public defender
    lawyer appointed by the court to defend indigents
  49. if you have a bad attorney can it be an excuse for a mistrial
    • must prove terrible mistakes
    • example lawyer asleep at a trial
  50. When does a person have a right to a lawyer
    if being interrogated while in police custody
  51. Can a person act as his or her own attorney
    yes
  52. what does the 7th amendment mean when it says that no fact tired by a jury shall be re-examined
    • the judge can't overule a jury decision
    • exception-can lesson a punishment
  53. bail
    money/property put up by a suspect to be released before trial
  54. so why even allow for bail in the first place
    don't have to wiat in jail
  55. what does a judge look at when determining the amount of bail
    • 1.how serious the crime
    • 2. how much money the person has
    • 3. past criminal record
  56. bail reform act
    judge can deny bail if a person is a danger
  57. bail released on your own recognize=
    on your word
  58. bail bondsman
    • post a pesrsons bail
    • (loan+interest)
  59. furman vs georgia
    otlawed the death penalty temporarily all over the us
  60. gregg vs georgia
    states make their own decision
  61. do all states use the death penalty
    no
  62. for what crimes can someone be sentenced to death
    • 1murder 1st or 2nd degree
    • 2treason
  63. felony murder rule
    major accomplices in a felony that results in murder can get the death penalty
  64. methods of capital punishment
    • 1. lethal injection
    • 2. electric chair
    • 3. gas chamber
    • 4. hanging
    • 5. finig squad
  65. What did the supreme court rule in roger vs simmons about juveniles and the death penalty
    no one can be sentenced to death for a crime committed when they were under 18
  66. corporal punishment
    padling in school
  67. ingraham vs white
    school district makes rules on it

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