Crim Procedure Test

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Author:
missancy
ID:
91388
Filename:
Crim Procedure Test
Updated:
2011-06-20 19:37:24
Tags:
Law Criminal law procedure
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Description:
Chapter's 1,2,15,16 and the Courts Handout
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  1. Bill of Rights:
    5th Amendment
    5th - Right against self-incrimination. Double jeopardy.
  2. Bill of Rights
    4th Amendment
    4th - Police searches and seizures warrant required
  3. Bill of Rights
    6th Amendment
    Courts right to jury trial, right to confront witness, right to an attorney
  4. Bill of Rights:
    8th Amendment
    Corrections: No cruel and unusal punishment, no excessive bail
  5. When can you search someone's vehicle after their arrest?
    • The interior of the car can only be searched when probable
    • cause that evidence or the crime the person is arrested for.
    • - Arrestees are not secured - not in back of squad car.
  6. What case made it where you can always look ____ inside of a person's car without probable cause after an arrest?
    NY V. Belton, can look in glove compartment and trunk
  7. What Substitutes for Probable Cause in Order to Fully Search a Vehicle?
    If someone was arrested, their car can be inventoried, and an Inventory Sheet replaces Probable Cause
  8. What does a search warrant require in order to be approved?
    • Search warrant -
    • Must particulary describe place and item to be searched.
    • Need probable cause.
    • Neutral magistrate approve.
  9. What are some exceptions to the Warrant Requirement?
    • Exceptions to warrant requirement:
    • Hot pursuit - Someone runs from police and into house, can enter.
    • Plain view
    • Emergency situation.
  10. What are Photo Arrays?
    • Photo arrays - Lay out photo of people & ask victim or witness to
    • identify. (Unreliable because people change their looks. "Suspect
    • may not in these pictures." Witness might just pick one.)
  11. What are Line Ups?
    • Line-ups - Suspects & others are stood in line-up while witness
    • identifies. (Are extremely influential to juries. At least 5 people,
    • all MUST resemble suspect. "Suspect may not be in line-up." Attorney
    • can be present to make sure line-up is fair.)
  12. What are Show-Ups?
    • Show-up - Drive suspect to meet witness face-to-face. (Only one
    • person there, so witnesses are likely to choose the suspect presented
    • if they aren't 100% sure.)
  13. What is the difference between Civil and Criminal law?
    • CIVIL LAW - Is the person responsible for the harm caused?
    • Wrongful act? - Breach of contract
    • Who sues? - Defendant/families
    • What is at stake? - Monetary reimbursment.
    • (Type of sanctions) - (Restitution.)
    • Standard of Proof? -Proponderence of Evidence (Injunction from judge as well.)

    • CRIMINAL LAW - Is the person guilty of the crime?
    • Wrongful act? - Breaking of legal law.
    • Who sues? - State.
    • What is at stake? - Incarceration, probation, fines, etc.
    • Standard of Prood? - Beyond a resonable doubt
  14. What are the 4 sources of American Criminal Law?
    • Constitution.
    • - Legislative Branch (criminal codes).
    • - Executive Branch (FBI, ATF, FDA, US Marshalls, EPA, etc.
    • (Administrative law). <---Can't dump toxic waste in river, criminal
    • charges.
    • - Judicial Branch (Case law - interpretation of criminal code).
  15. What is the Order of Power for the different sources of law, for federal and state?
    • US Constitution -> Federal Statutes -> State Constitutions -> State
    • Statutes -> Local Ordinances
  16. What happens when laws conflict?
    • When there is a conflict, it goes to the most Supreme Jurisdiction:
    • City -> State -> Federal -> Constitution. By Indiana (State)
    • outlawing firearms, that interferes with the Constitutional rights to
    • bear arms.
  17. What is precedent and state decisis?
    • Precedent - Using
    • previous rulings as guides for how to rule in case. Stare decisis - Doctrine
    • of deciding cases based on precedent.
  18. What are the 3 levels of state court system?
    • Indiana Supreme Court -> Indiana Court of
    • Appeals -> Trial Court.
  19. What are the 3 levels of federal court system?
    • Supreme Court
    • -> Circuit Court of Appeals (appeals are mandatory) -> District.
  20. Who is responsible for sentencing in the criminal court?
    Presiding judge, except capital crimes (jury decides life or death).

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