Introduction to Criminal Procedure
The Fourth Amendment and the Exclusionary Rule
Essential Fourth Amendment Concepts
Right to Counsel, Interrogation and Identification
Pretrial Procedures and the Trial Process
100
A set of rules and guidelines that describe how suspected and accused criminals are to be handled and processed by the justice system.
What is criminal procedure?
100
An activity geared toward finding evidence to be used in a criminal prosecution.
What is a search?
100
Facts and circumstances within an officer's knowledge and of which he or she has reasonably trustworthy information that are sufficient to warrant a prudent person in believing that a suspect had committed or was committing an offense.
What is probable cause?
100
Police conduct and the characteristics of the accused will generally determine the constitutionality of a confession under this approach.
What is 14th Amendment Due Process approach?
100
A hearing following arrest where the offender is advised of the the reason he or she is being detained, the right against self-incrimination and the right to appointed counsel.
What is an initial appearance?
200
A rule of case law (i.e., a decision by a court) that is binding on all lower courts and the court that issued it.
What is precedent?
200
One of two government actions restricted by the Fourth Amendment. These can be of property or persons.
What are seizures?
200
Hot pursuit, threats to persons and disappearing evidence fall within this type of exception to 4th Amendment warrant requirements.
What are exigent circumstances?
200
When someone is in police custody and interrogation occurs this requirement must be met.
What are Miranda Warnings?
200
A closed pretrial proceeding (no judge, no complaining witness, no defense attorney, and no defendant) in which a prosecutor presents evidence through a witness, usually a police officer, to determine whether there is probable cause to believe that a crime was committed.
What is a grand jury?
300
This criminal procedure perspective holds that the criminal process should look like an obstacle course, prefers formality and emphasizes quality over quantity.
What is Due Process?
300
A rule created by the Supreme Court that enforces constitutional rights by prohibiting evidence obtained in violation of the Constitution from being used in a criminal trial to prove guilt.
What is the exclusionary rule?
300
Inventories, inspections and checkpoints fall within this category of warrantless searches.
What are administrative or regulatory searches?
300
In order to meet this test, counsel must avoid conflicts of interest, serve as an advocate, and display such skill and knowledge as will render the trial a reliable adversarial testing process.
What is effectiveness?
300
The process by which each party to a case learns of the evidence that the opposition will present.
What is discovery?
400
This criminal procedure perspective holds that the criminal process should be automatic, predictable, and uniform, prefers informality and emphasizes quantity over quality.
What is Crime Control?
400
Doctrine that applies the exclusionary rule not only to evidence obtained as a direct result of a constitutional rights violation, but also to evidence indirectly derived from a constitutional rights violation.
What is "Fruit of the Poisonous Tree” Doctrine?
400
The detention of a person by a law enforcement officer for the purpose of investigation.
What is a stop?
400
A tactic in which officers create a situation likely to induce a suspect into making an incriminating statement.
What is deliberate elicitation?
400
This rule, named after the Supreme Court case, requires prosecutors to disclose exculpatory evidence.
What is the Brady rule?
500
The means by which the Supreme Court has used the Fourteenth Amendment’s due process clause to make certain protections specified in the Bill of Rights applicable to the states.
What is incorporation?
500
State administrative sanctions, internal review, mediation and civilian review are examples of this type remedy for constitutional rights violations.
What are nonjudicial remedies?
500
A standard that falls below probable cause and above a hunch and which is required for some police/citizen interactions.
What is reasonable suspicion?
500
Shows, lineups and photographic arrays are considered this type of police procedure.
What are identification procedures?
500
This right of criminal defendants prevents excessive incarceration, minimizes anxiety experienced by the accused as a result of a publicized accusation and prevents damage to the defendant’s case resulting from too much delay.
What is a speedy trial?
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