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Criminal Procedure -
Definitions
| Question | Answer |
|---|---|
| Double Jeopardy | The fact of being procecuted or sentenced twice for substantially the same offense. |
| Separate Sovereigns Doctrine | Double jeopardy prohibition does not prevent dual prosecution by separate government entities. both the federal and state government can try a defendant for the same crime. However, local governments are considered part of the state government. |
| Doctrine of Collateral Estoppel | A doctine barring a party from relitigating an issue determined against that party in an earlier action. Thus, one may not be tried again for a crime where a proper prosecution by the sovereign was unsuccessful. |
| Harmless Error Doctrine | Reversal of a conviction will occur unless the prosecution can show, beyond a reasonable doubt, that admission of unlawfully obtained evidence did not contribute to the judgment. |
| Incorporation Clause | The first eight amendment of the constitution by their terms only apply to the federal government. These amendments only apply to the state and local governments through their incorporation through the due process clause of the 14th Amendment. |
| Due Process Clause | the 14th Amendment provides the right to attack identifications if it was unnecessarily suggestive and a substantial likelihood of misidentification. Also confession to be voluntary rather than coerced, under a totality of circumstances test. |
| Arraignment | when the defendant pleas to the charges. Is consider a critical stage requiring an counsel. |
| Preliminary Hearing | An advasarial proceeding used to determine probable cause to prosecute. Presentation is allowed by both sides, adn the defendant may assert any of their defenses. This is a critial state and the defendant has a righat to an counsel. |
| Indictment | A written accusation of charges against the defendant that a grand jury review to determine if the prosecution's evidence justifies a trial. |
| Compulsory Process | The right of a defendant not only with the power to present his own witnesses, but with the fair opportunity to present a defense free from intimidation or prejudicial exclusion of material evidence. |
| Writ of Habeas Corpus | A petition by a defendant to attack the lawfulness of their detention. The petitioner must prove an unlawful detention by a preponderance of the evidence. The petitioner must be in custody. |
| Exclusionary Rule | prohibits admission at trial of illegally obtained evidence. Applies to the application of the 4th, 5th, and 6th Amendments. |
| Investigative Detention Exception to the Exclusionary Rule | Police have the authority to stop and briefly detain a person even if they lack probable cause if they reasonable suspicion supported by articulable facts. |
| Plain View Doctrine Exception to the Exclusionary Rule | The rule permitting a police officer warrantless seizure and use as evidence of an item seen from a lawful position orf during a legal search when the officer has probable cause to believe that the item is evidence of a crime. |
| Plain Feel Doctrine Exception to the Exclusionary Rule | The rule permitting a police officer, while conducting a legal patdown or stop and frisk search, may seize any contraband that the officer can immediately and clearly identify, by touch but not by manipulation, as being illegal or incriminating. |
| legal patdown or stop and frisk | requires a police officer to stop a person if they have a reasonable suspicion (maybe probable cause) that criminal activity is afoot. This is a limited search. It is permissible if the officer reasonable believes that the subject is armed and dangerous. |
| Lawful Arrest Exception to the Exclusionary Rule | A person into custody for criminal prosecution or interrogation. It must be based on probable cause (trustworthy facts and circumstances) sufficient to warrant a reasonable person to believe that the suspect committed or is committing a crime. |
| Probable Cause | Reasonable grounds to that would make a reasonable person suspect that a person has committed or is committing a crime or that a place contains specific items connected with a crime. It must be based on trustworthy facts and circumstances. |
| Reasonable Suspicion | A particularized and objective basis, supported by spectific and articulable facts, for suspecting a person of criminal activity. More than a vague suspicion or hunch; police must think “crime is afoot”. |
| Automobile Exception to the Exclusionary Rule | the police may search a car that they have probable cause to believe the car contain fruits, instrumentalities or evidence of a crime. If the police have full probable cause, they may search the entire vehicle, including the trunk, and any containers. |
| Consent Exception to the Exclusionary Rule | A warrantless search is valid is the police have voluntary and intelligent agrees. The scope of the search is limited to the scope agreed to and agreement must be given by someone with the actual or apparent authority to offer it. |
| Administrative Inspections and Search Exceptions To the Exclusionary Rule | Searches are available for health or safety reasons or highly regulated industries that are not by the police by another government agency/arm. |
| Inventory Search Exception to the Exclusionary Rule | When a validly arrested individual is formally incarcerated or within a reasonable time thereafter, the police may make a full accounting of his person, clothing, or if in siezed the vehicle. |
| Custody | when the person’s freedom of action is denied in a significant way based on the objective circumstance of a reasonable person. |
| Interrogation | this discussion includes any words or conduct by the police or government agent that they should know would be reasonably likely (Reasonable person) to elicit an incriminating response from the defendant. |
| Fruits of the Poisonous Tree Doctrine | requires the further exclusion of all additional evidence (including oral statements and physical objects) acquired either directly or indirectly from an illegal search or seizure. This evidence can be re-introduced if it would inevitably be discovered. |
| Inevitable-Discovery Rule | As an exception to the fruit of the poisonous tree doctrine, that evidence obtained by illegal means may nonetheless be admissible if the prosecution can show that the evidence would eventually have been legally obtained anyway. |
| Reasonable Expectation of Privacy | A person's reasonable belief in the existence of the right to be free of govermental intrusion in regards to the person or a particular place or thing. |
| 4th Amendment | provides that people are free in their person from unreasonable searches and seizures. Evidentiary searches and seizures must be reasonable valid. |
| Automobile Stop | Generally, the police may not stop a car unless they have reasonable suspicion to believe that a law has been violated. |
| Deadly Force | The police officer may use this if they have probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. |
| Good Faith Exception to the Exclusionary Rule | Whereby evidence obtained under a warrant later found to be invalid is nonetheless admissible if the police reasonably relied on the notion that the warrant was valid. |
| Unreliable Ear | A speaker assumes the risk that the person to whom they are talking is unreliable. If the person turns out to be an informant waried, the speaker has no basis in the 4th Amendment to object. |
| Uninvited Ear | A speaker has no 4th Amendment claim if they make no attempt to keep the conversation private. |
| Lesser Included Offense | A crime that is composed of some, but not all, the elements of a more serious crime and that is necessarily comitted in carrying out the greater. The not guilty or guilty conviction of either stops a precludes another trial(double jeopardy doctrine). |
| Mistrial | A judge brings a proceeding to an end, w/o a determination because of a procedural error, serious misconduct, or a trial that the jury cannot reach a verdict. The prosecution is allowed to retry the case without worries of double jeopardy. |
| Independent Source | As an exception to the fruit of the poisonous tree doctrine, that evidence obtained by illegal means may nonetheless be admissible if the prosecution can show that the evidence would obtain independent of the original illegality. |
| Hot Pursuit Exception to the Exclusionary Rule | The exception requires that police chasing a fleeing felon may make a warrantless search and seizure and may even pursue the supsect into a private dwelling. |
| Evanescent Evidence Exception to the Exculsionary Rule | This exception requires that police may seize evidence likely to disappear before a warrant can be obtained, such as drugs or easily moveable evidence. |
| 8th Amendment | prohibits cruel and unusual punishment. Punishment requires a penalty that is disproportionate to the seriousness of the offense committed. For a death penalty case in a murder trial, the judge or jury must be able to consider all mitigating evidence. |
| Intervening Act of Free Will exception to the Exclusionary Rule | The defendant must commit an intervening act of free will, such as a voluntary confession after an illegal arrest. |
Created by:
jsarille