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U.S. CONSTITUTION & INDIVIDUAL RIGHTS #1
U.S. CONSTITUTION & INDIVIDUAL RIGHTS #2
CRIMINAL COURTS, PRETRIAL PROCESSES
EVIDENCE/RULES
EVIDENCE/RULES
100
THIS DOCUMENT WAS FORMALLY ADOPTED IN ENGLAND IN THE YEAR 1215 AND PROVIDED EARLY PROCEDURAL PROTECTION FOR THE CRIMINALLY ACCUSED IN THE COMMON LAW TRADITION. Pg. 6
What is the MAGNA CARTA?
100
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. Pg. 11
What is the 6th Amendment to the U.S. Constitution?
100
1. NON-ARTICLE III COURTS 2. U.S. DISTRICT COURTS 3. U.S. COURT OF APPEALS Pg. 41
What is the FEDERAL COURTS SYSTEM?
100
Oral testimony given under oath. Pg. 71
What is Testimonial Evidence?
100
EVIDENCE OBTAINED DIRECTLY OR INDIRECTLY FROM A CONSTITUTIONAL VIOLATION, SUCH AS AN ILLEGAL SEARCH IS PROHIBITED FROM BEING USED AND IS A DIRIVATIVE OR SECONDARY EVIDENCE. Pg. 81
What is THE FRUIT OF THE POISONOUS TREE?
200
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Pg. 11
What is the 1st Amendment of the U.S. Constitution?
200
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
What is the 8th Amendment to the U.S. Constitution?
200
THE HIGH COURT OF LAST RESORT IN THE UNITED STATES FOR BOTH THE FEDERAL COURTS SYSTEM AND THE STATE COURT SYSTEM. Pg. 41
What is U.S. Supreme Court?
200
Referred to as Physical Evidence. It consist of tangible objects, such as bank contract or staments, drig paraphernalia, clothing, fingerprints. etc. Pg. 71
What is Real Evidence?
200
When a police officer acting with objective good faith obtains a warrant from a nuetral magistrate and acts within the scope of the warrant and evidence is seized from the warrant, it will still be admissable even if the warrant is dtermined to be not valid. IE expired, Pg. 85
What is Good-Faith Exception to the Exclusionary Rule?
300
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. Pg. 11
What is the 2nd Amendment?
300
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. - A writ issued to bring a party before a court to prevent unlawful restraint. U.S. Constitution - Article 1 Section 9 Clause 2. P.12
What is a writ of Habeas Corpus?
300
1. STATE MINOR TRIAL COURTS 2. STATE MAJOR TRIALS COURTS 3. STATE INTERMEDIATE APPLELLATE COURTS 4. STATE HIGH COURTS OF LAST RESORT Pg. 41
What is THE STATE COURTS SYSTEMS?
300
Firsthand evidence that does no require presumption or inferences in order to establish a proposition of fact. IE Eyewitness testimony. The witness either saw it or not. Pg. 71
What is Direct Evidence?
300
This is a sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. This must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime. Pg. 101
What is Probable Cause?
400
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Pg. 11
What is the 4th Amendment?
400
A. Defamation, B. Words That Incite immanent Lawlessness, & C. Obscenity Pg. 16 & 17
What is Speech that Lies Beyond the Realm of 1st Amendment?
400
YOU REQUEST THIS WHEN THERE IS A PREJUDICE PREVAILING IN THE COUNTY WHERE THE CASE IS BEING TIRED AND THE DEFENDANT CANNOT OBTAIN A FAIR AND IMPARTIAL TRIAL OR ANOTHER LOCATION IS MORE CONVIENT FOR THE PARTIES AND WITNESSES THAN THE INTENDED PLACE OF TRIAL AND IN THE BEST INTEREST OF JUSTICE. Pg. 42
What is a MOTION FOR A CHANGE OF VENUE?
400
*****************(DAILY DOUBLE) ***************** Indirect Evidence that requires the trier of fact to reason through and infer the existence of some fact in dispute. IE. Defendant earns little money, but bought an expenesive car my infer that he is guilty of a theft related offense. Pg. 71
What is Circumstantial Evidence?
400
Custody (Arrest) + Interrogation (Questioning) = ? (DISCUSS IN CLASS BY MR. LYONS)
When are Miranda Right required?
500
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Pg. 11
What is the 5th Amendment to the U.S. Constitution?
500
The 5th Amendment requires that before a person is tried in a federal court for an infamous (Felony) crime, he or she must first be indicted by a ________________. Pg 21
What is a Grand Jury?
500
Police investigate crimes, but do not officially charge people as criminal defendants; prosecutors do. The prosecutor can decide to file charges or not, grant immunity, and or bring a case before a Grand Jury. Pg. 49
What is PROSECUTORIAL DISCRETION?
500
Evidence obtained by police using methids that violate a person's constitutional rights must be excluded from use in a criminal prosecution against that person. This policy was designed to deter police misconduct. Pg. 74 & 75.
What is the Exclusionary Rule?
500
Police are legally in a place + the items of incriminating nature was in full view = ________ _______ ________. Pg. 385
What is the Plain View Doctrine?