Intro To Criminal Law
What are two elements to decide bail?
If the defendant poses a flight risk or a danger to the community
Does the fourth amendment apply to trash outside of the home?
No!
Do we need to establish person jurisdiction for the plantiff?
No! They file the case and consent for it to be in that state
Name three differences between criminal and civil law
number of jurors, burden of proof, types of punishment
What was the holding in Katz V. United States
The fourth amendment protects people, not places. Also a test for a "reasonable expectation of privacy"
What is subject matter jurisdiction involving?
Should the case be in a state or federal court?
What is the process of a criminal procedure?
Criminal act, indictment, arraignment, trial, appeal
Does society at large believe that that location is secure and private
The two factors to get into a federal court are
1. Federal question
OR
2. No plantiff is from the same state as the defendant and the charges exceed $75,000
Name the types of bonds?
Release on recognizance, Secured bomb, unsecured bond, held without bond
What is the subjective test for reasonable expectation of privacy?
Does the defendant believe that they had a right to privacy in that location
What test determines personal jurisdiction?
International shoe. Defendant needs to have sufficient contacts in that state so that jurisdiction is fair.