Criminal Procedures in Perspective: Understanding the Historical and Legal Basis of US Law, Study notes of Criminal Justice

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Judicial Processes - Fall 2010 - Mid-Term Review

Judicial Processes - Fall 2010 - Mid-Term Review

Created by: Taylor Cheney

• Judicial Processes - Fall 2010 - Mid-Term Review........................................................................................ Table of Contents
• Chapter 1 – 09/01/2010 – Criminal Procedures in Perspective....................................................................
• Chapter 2 – 09/08/2010 – Fundamental Concepts of Law...........................................................................
• Chapter 3 – 09/15/2010 – The Exclusionary Rule......................................................................................
• Chapter 4 – 09/22/2010 – Police-Citizen Contacts: Consensual Encounters and Detentions.....................
• Chapter 5 – 09/29/2010 – The Laws and Procedures of Arrest..................................................................
• Chapter 6 – 10/06/2010 – Miranda; Its Meaning and Application.............................................................
• Chapter 7 – 10/13/2010 – Booking and Jail Custody Procedures..............................................................
• Important Court Cases & Rulings...............................................................................................................
  • Weeks v. United States, 1914................................................................................................................
  • Wolf v. Colorado, 1949..........................................................................................................................
  • Mapp v. Ohio, 1961...............................................................................................................................
  • Williams' Christian Burial Speech..........................................................................................................
  • Nix v. Williams, 1984.............................................................................................................................
  • Terry v. Ohio, 1968................................................................................................................................
  • McNabb v. United States, 1943.............................................................................................................
  • Mallory v. United States, 1957..............................................................................................................
  • Escobedo v. Illinois, 1964......................................................................................................................
  • Thompson v. Keohane, 1995.................................................................................................................

Judicial Processes - Fall 2010 - Mid-Term Review

Chapter 1 – 09/01/2010 – Criminal Procedures in Perspective

Chapter 1 – 09/01/2010 – Criminal Procedures in Perspective

1. (pg 1) Our laws are based on the __________ __________, which calls on a two party system (Prosecution and Defense), having fair and equal access to the same resources and information, competing in open court to arrive at the legal truth 2. (pg 2) __________ ____ is the body of law that was not written , but that evolved over time in Great Britain through custom, tradition, and court decisions (rather than statutes), to become recognized early in our history as the law of the land 3. (pg 2) U.S. laws were established from what three sources? Discuss each source. a. b. c. 4. (pg 3) __________ ____ __________ (870 AD) is credited for creating the shire-reeve system a. What is a shire? b. What is the American equivalent to an English shire? c. What role did the early reeves play? d. What is the modern equivalent to the shire's reeve? 5. (pg 3) The __________ __________ included representatives from the various tribes and families that lived on lands divided into hundreds 6. (pg 4) ________________ is the act of swearing innocence to purge oneself, with the support of “oath helpers” to support the testimony of the accused a. (pg 4) How many “oath helpers” were required to support the testimony of the accused? ______

Chapter 1 – 09/01/2010 – Criminal Procedures in Perspective

7. (pg 4) ________________ is the act of paying compensation/restitution to the victim of a crime 8. (pg 4) Both William the Conqueror and __________ ____ __________ were promised the title of “King of England” by Edward the Confessor before his death a. (pg 5) William the Conqueror replaced all active reeves with his own Norman ___________ after taking the throne b. Under William the Conqueror, reeves retained arresting powers and ___________ were tasked with acting as “judges” 9. (pg 5) King Henry I was the first to declare that the King (State) is the victim of all crimes. This is called the “________ _________” doctrine a. (pg 6) Henry I devised two separate classifications for crimes: ______________ and _______________, which are still used today in our system of justice b. (pg 6) When someone was declared a felon, he was condemned to death and considered an outlaw until his capture; the felon was also considered to be civilly dead. i. What did it mean to be civilly dead? ii. What happened to the felon/outlaw’s personal property? iii. Was there any chance to pay atonement for the felony? c. (pg 6) When someone committed a lesser crime not worthy of being considered a felony, the person was declared a ________________ i. Misdemeanors were punishable by atonement or __________ _____________ ii. Being placed in the “stocks” or whipped were methods of _______ _________ 10. (pg 6) King Henry II divided his country into _____ judicial districts a. (pg 6) When a person was accused of a crime, it became the sheriff’s job to summon 12 knights from the shire and _____ commoners from the town to hear a preliminary

Chapter 1 – 09/01/2010 – Criminal Procedures in Perspective version of the case; this was called the _________ _______

11. (pg 7) A preliminary hearing and a grand jury hearing attempt to establish probable cause. What are the two aspects that must be in existence for a case to progress past the hearing? a. b. 12. (pg 7) What is another name for our current 12-person trial jury? ____________ ________ 13. (pg 7) The Latin phrase stare decisis is also called the Doctrine of _____________ a. What is the purpose of stare decisis? 14. (pg 8) Knights accused of breaking the law were allowed to have the assistance of a fellow knight in presenting his defense, but only if the crime charged was a ________________ a. Why did the King not want an accused felon to have help when presenting his defense? 15. (pg 8) The _________ _________ was a document drafted by nobles and offered to King John, which listed 37 rights guaranteed to the citizens a. King John had the option to either sign the document or _______ b. The Magna Carta was copied from an earlier document of Henry I, titled the __________ ___ _________ c. The Magna Carta is cited as the main source and inspiration of our _____ ___ ______ 16. (pg 10) Discuss the following Constitutional amendments (Bill of Rights): 4th, 5th, 6th, 8th, 14th

Chapter 2 – 09/08/2010 – Fundamental Concepts of Law

Chapter 2 – 09/08/2010 – Fundamental Concepts of Law

17. (pg 14) Today, the ________ is always the legal victim of a crime 18. (pg 15) What are the seven elements that make-up a criminal act a. ( actus resus ) b. ( mens rea ) c. d. e. f. g. 19. (pg 15) The four levels of crime are: ___________ , _____________ , ____________ , and ____________ a. A crime punishable by execution or imprisonment in the state prison is a ___________ b. A crime punishable by a fine or a sentence of up to one year in jail (or both) is a ________________ c. A crime punishable by fines only is known as an ____________ d. A crime that is punishable at the discretion of the court by a term either in prison or in jail is known as a ____________ 20. In Tennessee, felonies range from Class A to Class _____ a. What is an example of a Class A felony? b. What is an example of a Class E felony? 21. In Tennessee, misdemeanors range from Class A to Class _____ a. What is an example of a Class A misdemeanor? b. What is an example of a Class C misdemeanor?

Chapter 2 – 09/08/2010 – Fundamental Concepts of Law

22. (pg 16) In some states there are two additional categories of felonies – felony (a) and felony (b) a. The felony () category includes crimes that may come under what is termed as the “three strikes” law, or habitual offender law; if an offender is convicted of a felony and has had prior convictions of certain designated felonies, the sentence may be increased substantially b. The felony () category includes crimes which are misdemeanors, ordinarily, but when combined with a charge of having a prior conviction may be charged as felonies 23. (pg 16) Some specific aspect of a crime, or of the criminal's role in the crime, or of the criminal's background (stated in the penal code) that may be added to a criminal complaint which, if proven, will add time to a felon's prison sentence if the felon is also convicted of the basic crime is called an ________________ at the State level and a _________ at the Federal level 24. (pg 17) Crimes that are inherently evil and by their very nature are bad or wrong are known by the Latin term: ________ ____ ____ (with malice or with malicious intentions) 25. (pg 17) Crimes that are NOT inherently evil, but still pose a threat to society and need to be controlled are known by the Latin term: ________ __________________ 26. (pg 17) The primary purpose of ______________ law is to protect society and protect the law- abiding citizens from the law breakers. It governs the behavior of the citizens within society and tells the citizens what they cannot do or what they must do to obey the law 27. (pg 18) _________________ laws are the laws that must be obeyed by the officers and agents that work within the justice system to protect the constitutional rights and due process of every citizen at every level of involvement in the system, from the point of initial police contact, through arrest, booking, trial, and punishment 28. (pg 18) Any law (bill) that originates in the Legislature and is voted in as law by the majorities in both Houses (Senate and Assembly) is called ______________ law 29. (pg 18) _______ law is the body of law that results from a court case and is actually created by judges. The decision offered for the case may result in clarifying or creating a procedure that must be followed by law enforcement officers or the lower courts in all future situations in order to ensure the constitutional rights of an accused person 30. (pg 17) Can laws apply to more than one type of law, mentioned in questions 26 – 29? Discuss why or why not:

Chapter 2 – 09/08/2010 – Fundamental Concepts of Law

31. (pg 18) Most ______________ law is created by case law decisions, but rarely do case decisions affect the ______________ law 32. (pg 19) Citizens enter into a ___________ ___________ with the government, which seeks to find a balance between providing absolute security, safety, and social order – and having absolute personal freedom a. (pg 20) Who is credited as being the author of this theory? _______ _____________ _________________ (1762) 33. (pg 21) The USA Patriot Act was enacted ____________(mo) ____(day) , 2001 a. (pg 21) This Act is the result of _______________ (branch of gov't) proposals introduced less than a week after the terrorist attacks of September 11, 2001 b. (pg 21) The Act significantly increased the surveillance and investigative powers of law enforcement agencies in the United States. Discuss some of the areas that the Act broadened: c. (pg 21) The Act provided for very limited _____________ oversight d. (pg 22) The Act was initially set to expire after _____ years, but has been extended 34. (pg 22) The _____________ party to a crime includes all individuals involved in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the crime, help in or encourage its commission; this person may also be referred to as an actor 35. (pg 22) The _____________ party to a crime includes individuals who, after a felony has been committed, knowingly and willingly harbor, conceal, or aid an actor in a felony with the intent of having the actor avoid or escape arrest, trial, conviction, or punishment 36. (pg 24) List the different degrees (or standards) of proof available, and then discuss each a. b. c. d. e.

Chapter 2 – 09/08/2010 – Fundamental Concepts of Law

37. (pg 24-25) Which degrees of proof are required for criminal cases; which are civil? a. Criminal: b. Civil: 38. (pg 25) The Latin phrase ____ ______ _________ refers to a law that is passed, making some behavior a crime, aggravating or increasing the sentence for a crime, or lowering the degree of proof required for a conviction of a crime, and having that law apply to past cases a. If a law works to the advantage of the accused, it _________ be applied retroactively b. If a law puts the accused at a disadvantage, it _________ be applied retroactively 39. (pg 25) __________________ always refers to the authority of some agent or agency to act in some capacity, but is often limited – typically by some political boundary 40. (pg 26) __________ always refers to either the county in which the crime occurred or from which the jury is drawn 41. (pg 26) The ____________ ____________ is the body of any crime, consisting of 2 elements: a. There was _______ or loss to a victim b. The _______ or loss was __________ by some criminal means 42. (pg 26) “_____________ ________ ___________” describes a legal concept by which a state, through its legislature, can enact laws that provide greater procedural protections

Chapter 3 – 09/15/2010 – The Exclusionary Rule

Chapter 3 – 09/15/2010 – The Exclusionary Rule

43. (pg 31) The ________________ _______ is a rule of law that holds that evidence seized illegally by the government (law enforcement) is inadmissible in a court of law to prove guilt) 44. (pg 31) The decision made by a simple _________ , by at least a vote of 5 to 4, of U.S. Supreme Court justices becomes the law of the land 45. (pg 32 – 33) The exclusionary rule was created by the case _________ v. ____ , 1914, and became known as the ________ Doctrine 46. (pg 33) The exclusionary rule, made law by the Supreme Court, only applied in _____________ courts, because the Constitution was considered to only apply to _____________ procedures 47. (pg 33) The ____________ ____________ ____________ was the practice of federal officers requesting local police to perform illegal searches on their behalf, because it would then be admissible in ____________ courts 48. (pg 33) ______ v. ____________ , 1949 was a Supreme Court case that said that the exclusionary rule only applied in federal courts – not necessarily in individual state courts 49. (pg 34) ________ v. ________ , 1961 established the exclusionary rule as a mandatory procedure in all states rather than only applying in federal courts a. This case reversed the earlier ruling in ______ v. ____________ , 1949 50. (pg 38) The sole purpose of ________ v. ________ , 1961 was to deter police from violating the rights of citizens guaranteed by the Fourth Amendment against illegal _____________ and seizures 51. (pg 38) There are three exceptions to the exclusionary rule, what are they? Discuss each a. (pg 41) b. (pg 43) c. (pg 45) 52. (pg 42) When an investigating officer makes on procedural error, any other evidence discovered as a result of the first error becomes tainted an inadmissible in court; this is known as the _________ of the _____________________ _________ doctrine

Chapter 3 – 09/15/2010 – The Exclusionary Rule

53. (pg 42) The __________________ __________________ rule that means, in essence, that if police obtain evidence in violation of the Fourth Amendment but they can prove by a preponderance of the evidence that their evidence would have been found in the same condition anyway, by some legal means of independent source, it is admissible in court, and the exclusionary rule does not apply a. (pg 42) _______ v. ________________ , 1984 bound all states to by this new procedural law of the land declaring that evidence that would have inevitably would have been found is _________________ in courts 54. (pg 43) Benjamin Quarles raped a female at gunpoint, afterward, the girl took police to the supermarket where Quarles was located – Mr. Quarles was arrested at that time. a. (pg 43) After catching Quarles, the officer asked him where his ______ was, without reading him his Miranda rights. Immediately upon finding the ______ he was read his Miranda rights b. (pg 43) The trial judge _____________ Quarles' statement about the weapon as well as other statements because they were tainted by the initial procedural violation by the officer and became ________ of the _________________ _________ c. (pg 44) The Supreme Court heard the case and ruled that there is a ____________ ____________ exception to the requirement that Miranda warnings be given before a suspect's answers may be admitted into evidence d. (pg 45) The justices were trying to balance society's need for safety with the rights of an _____________________ e. (pg 45) Public safety does not mean just the general public; it applies equally as well to officer safety, ____________ safety, and _____________ safety f. This case illustrates an exception to the __________________ _________ 55. (pg 45) A confidential informant of unproven reliability informed an officer of the Burbank Police Department that two people known to him as Armando and Patsy were selling large quantities of cocaine and methaqualone from their residence a. (pg 46) After monitoring the suspects, their residences, and suspicious visitors, officers obtained a ______________ _______________ from a state superior court judge to search the listed residences for drugs

Chapter 3 – 09/15/2010 – The Exclusionary Rule b. (pg 47) The evidence obtained via the search was _______________ due to insufficient Probable Cause, even though a _______________ was issued by a detached and neutral magistrate c. (pg 47) The U.S. Supreme Court ruled that the officers acted in __________ ____________ and that the search – and subsequent evidence found – was admissible in court d. This case illustrates an exception to the __________________ _________

56. The purpose of the exclusionary rule is to protect individual liberties and to provide a form of checks and _________________ for police

Chapter 4 – 09/22/2010 – Police-Citizen Contacts: Consensual Encounters and Detentions

Chapter 4 – 09/22/2010 – Police-Citizen Contacts: Consensual

Encounters and Detentions

57. (pg 52) A voluntary exchange between an officer and a citizen, with no restraint of individual liberty, is called a ___________________ encounter a. (pg 52) During a voluntary exchange, the citizen is free to _________ at any time, and is free to refuse to cooperate and not to answer any ______________ b. (pg 52) If an officer creates an atmosphere of intimidation or one in which a reasonable person would not feel that he or she is free to leave, it might move the transaction from a _________________ encounter to a _________________ without any legal basis 58. What requirements must be met for a search to be considered consentual? Explain each: a. Voluntary b. Knowing c. Standing d. Scope e. Duration 59. (pg 53) ________________ is a seizure of the citizen that is limited in duration, scope, and purpose, and occurs when a peace officer compels a person to stop, to stay in place, or to perform an act a. What are the six (6) levels of proof? i. ii. iii. iv. v. vi. b. (pg 53) Any detention of a person by a peace officer must be based on which level of proof by the officer that the person has committed, is committing, or is about to commit a crime? __________________ _________________ 60. (pg 54) ________________ v. __________ , 1968 affirmed the stop-and-frisk rule

Chapter 4 – 09/22/2010 – Police-Citizen Contacts: Consensual Encounters and Detentions a. (pg 55) The stop-and-frisk decision grants officers the authority to pat search the citizen for weapons, but only if the officer has (articulable) _____________ suspicion to believe that the suspect may be armed b. (pg 55) This is a pat search on the _______________ of the person's clothing for the sole purpose of looking for any weapons that the person might possess

61. (pg 56) A “good” reasonable suspicion detention is based on the following two elements: a. b. 62. (pg 58) A traffic car stop is an example of a legal ____________ if the officer stops the car with the reasonable belief that the driver might have violated a traffic law 63. (pg 60) An investigative car stop is not a routine traffic stop. It is a car stop (detention) made when an officer has _____________ ______________ (level of proof) to believe that the driver is at the moment engaged in some sort of illegal activity 64. (pg 60) A law enforcement officer _______ order both the driver and the passengers out of the car during any car stop 65. (pg 60) In ___________ v. United States, 1925, the Supreme Court held that the warrantless search of a car is reasonable if police have probable cause to believe that it contains contraband 66. (pg 61) Officers can search the _______________ compartment, including objects left by a passenger, when they have made a lawful arrest 67. (pg 61) What are the three (3) legal reasons to have roadblocks or checkpoints? a. b. c.

Chapter 5 – 09/29/2010 – The Laws and Procedures of Arrest

Chapter 5 – 09/29/2010 – The Laws and Procedures of Arrest

68. (pg 69) What are the two parts to the definition of an arrest? a. Taking a person into _______________ ... b. … to be ______________ with a crime 69. (pg 69) There are three categories of offenses which grant an officer the authority to make an arrest; discuss each: a. Misdemeanor; officer must have ___________ ___________ to believe a crime was committed in the officer's ____________ to make an arrest b. Felony; officer must have ___________ ___________ to believe a felony was committed, but the offense did not have to be committed in an officer's _____________ c. Warrant; ____ peace officers have the authority to arrest a subject with an active warrant 70. (pg 70) There are five (5) exceptions to the misdemeanor arrests described in the book and mentioned in class, what were they? a. b. c. d. e. 71. (pg 71) Legally speaking, juveniles do not commit crimes; they commit ______________ ______ 72. (pg 71) Officers mat take a minor into temporary custody (arrest) whenever the officer has ______________ __________ to believe that the minor has committed any law violation 73. Only ____________ can commit status offenses; what are some examples of status offenses? a. b.

Chapter 5 – 09/29/2010 – The Laws and Procedures of Arrest

74. (pg 71) Reasonable suspicion is based on several factors: a. _____________ sense b. Experiences from ______________ life c. Reviewed from an ______________ (or neutral) viewpoint 75. (pg 73) What are the four parts to the definition of what an arrest warrant is? a. Legal ___________ b. Issued by a __________________ or Judicial Commissioner c. Directed to any peace ____________ d. Commanding that the person named on the warrant be ______________ and brought before the __________ which issued the warrant 76. (pg 74) The _____________ of ____________________ is the legal time within which a person must be charged with a crime a. A misdemeanor SoL usually lasts for up to ____ year b. A felony SoL usually lasts from ____ to ____ years c. In many states, embezzling public funds or any crime punishable by execution or life in prison carries a SoL for _______________ years 77. (pg 74) To be valid, an arrest warrant must contain the following information: a. b. c. d. e. 78. (pg 75) Private persons can make arrests if one of two conditions are met, what are they? a. b.

Chapter 5 – 09/29/2010 – The Laws and Procedures of Arrest

79. (pg 75) If a private person makes a felony arrest but no felony was later found to have been committed, the arresting person may be charged with ___________ _____________________ 80. (pg 75) Private person arrests frequently occur in two types of misdemeanor situations: a. b. 81. (pg 75) An ___ - ________ ________________ is used when a private person wants another person arrested by police for a misdemeanor; the officers allow the arresting party to confirm the identity of the subject being detained by police 82. (pg 76) _________ _________________ is an old common law procedure whereby a peace officer (or private person) may request assistance to complete an arrest a. When a peace officer requests help from a private person, the person then has the same _______________ , ___________ , and __________________ as the officer b. Officers and citizens may only request assistance from persons over the age of ______ and not in a _____________ uniform 83. (pg 76) After a private person makes an arrest, a peace officer is ____________ by law in many states to ___________ custody of the person a. A peace officer assumes no ______ _____________ in accepting custody from an unlawful arrest by a private person 84. (pg 76) Most state laws require that the arresting person informs the arrestee of three things: a. b. c. 85. (pg 77) An officer may use any _____________ ________ necessary to make an arrest, which is defined as the minimal amount of ________ necessary to overcome the resistance posed by the person being arrested

Chapter 5 – 09/29/2010 – The Laws and Procedures of Arrest

86. (pg 77) State laws usually include two ares of behavior by peace officers that are illegal: a. i. ex: detaining a person against his or her will without having ________________ _________________ ii. ex: arresting a person without having ________________ __________ b. 87. (pg 79) What is the process for an acceptable/routine knock-and-announce? a. ___________ on the door and/or ____________________ presence b. Identify themselves as ___________ _________________ c. State ______________ for being there and the ____________________ to do it d. Demand __________ e. Wait a ________________ amount of time for the resident to open the door 88. (pg 79) What are five (5) exceptions to the knock-and-announce rule? a. b. c. d. e. 89. (pg 81) If a person being arrested has ______________ that he or she is being arrested by a peace officer, it is the legal duty of that person to __________ to attest and not _________ a. However, if the officer uses excessive force when making the arrest, the person being arrested has the __________ to __________ himself b. The person being arrested would also have the burden of ____________ that the officer used ________________ force

Chapter 5 – 09/29/2010 – The Laws and Procedures of Arrest

90. (pg 81) It is a ________________ to interfere with or disobey any _________ officers in the performance of their duties a. This includes: i. ii. iii. iv. 91. (pg 82) What are the two (2) situations in which an officer does not have the authority to arrest: a. b. i. Foreign Ambassadors and U.N. Representatives and their _______________ are completely _______________ from arrest or detention ii. _____________ generals, _____________ , and vice-_____________ receive immunity from arrest or detention, but only when the act occurs while performing the _____________ __________ assigned to them by their government iii. The families of consular officers ( are / are not ) granted immunity

Chapter 6 – 10/06/2010 – Miranda; Its Meaning and Application

Chapter 6 – 10/06/2010 – Miranda; Its Meaning and Application

92. (pg 86) What 3 cases are the 3 most significant precedent-setting cases in the history of procedural due process? Explain what each case was about a. b. c. 93. (pg 87) ______________ v. United States, 1943, was a federal case about custodial interrogation a. The Supreme Court did not want to establish any ______________ on custodial interrogation, therefore they refused to address the legality of their interrogation and instead used the federal arraignment rule, Rule ____, to overturn the brothers conviction 94. (pg 87) ______________ v. United States, 1957, was another pre-Miranda case about custodial interrogation a. The Supreme Court again used Rule ____ to avoid setting any ________________ on custodial interrogation 95. (pg 88) ______________ v. Illinois, 1964, was yet another pre-Miranda case about the right to on-the-spot counsel a. Mallory was arrested for murder, interrogated and released on ____________ corpus b. (pg 89) Mallory was again later detained and was ____________ counsel c. (pg 89) The U.S. Supreme Court ruled that any information obtained as a result of infringing on a subject's right to ____________ cannot be used against him at trial 96. (pg 93) List the points of the Miranda Warning: a. b. c. d.

Chapter 6 – 10/06/2010 – Miranda; Its Meaning and Application

97. (pg 91) If an individual requests to speak with an attorney or indicates, at any time, that he does not wish to be interrogated, all questioning must _________ 98. (pg 90) According to the Miranda decision, statements obtained during custodial interrogation where ______________ questions are asked are inadmissible unless the defendant _______________ , knowingly, and intelligently waives his rights 99. (pg 94) What are the two elements that define custodial interrogation? a. b. 100. (pg 94) The Miranda case was a protective measure, and was not considered to be a ________________ right 101. (pg 96) Give an example of the Behler Admonition: a. 102. (pg 96) If officers use the Behler admonition, they are effectively engaging in a _____________ interrogation and not a ______________ interrogation; Miranda is not necessary 103. (pg 98) What are 5 circumstances when Miranda is not required? a. b. c. d. e. 104. (pg 99) _______________ v. United States, 2000, made Miranda a constitutional issue that Congress cannot supersede legislatively using Section 3501 105. (pg 100) ________________ State Grounds means that a state's legislature may enact laws providing greater protection for juveniles than the minimum required ( Miranda ) by the Constitution and the Supreme Court's interpretation of it