POSC 311 NOTES MARCH 21-MARCH 25, 2016
POSC 311 NOTES MARCH 21-MARCH 25, 2016 POSC 311
Long Beach State
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This 6 page Bundle was uploaded by Audra Oul on Tuesday March 22, 2016. The Bundle belongs to POSC 311 at California State University Long Beach taught by James Fox in Spring 2016. Since its upload, it has received 36 views. For similar materials see Constitutional Law Power in Political Science at California State University Long Beach.
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Date Created: 03/22/16
Monday, March 21, 2016 Criminal Justice needed to not devoid of: 4 amendment, 5 amendment, 8 amendment, and 6 amendment th th 4 amendment: unreasonable searches & seizure’s What is unreasonable? San Diego: what is in the bag? The kid said nothing. I plead the 4 amendment. Police looks at the bag and saw alcohol Expectation of privacy Not a clear bag Black bagone of thing buy in porn shop It is search Seizures: they seize it and take it away. People can be seized No one called the cops A nonanswer gives right to search it? Katz v. U.S. Mr. Katz was conducting a book keeping business Olmstead in Oregon Olmstead is general manager of the business Tapped in phone Home effects protected under the 4 amendment Without physical intrusion, not a search 1967 Mr. Katz used a phone booth Katz said going to revisit it U.S. argues Olmstead Court decided to go away from precedence th Instead, used 4 amendment to apply to a right to privacy with 2 step test to privacy Is the purpose of the 4 amendment designed to protect those places? What is private is our heads… 2 prong tests 1. Subjective: did that person take any steps to protect their privacy? He did take steps to have privacy 2. Objective: would a reasonable person of average intelligence expect for it to be private? *Any search without a warrant per se (start out of the gate) unreasonable. Exclusionary rule: Evidence found without a warrant cannot be used in court. Federal government violated the protection element th Violated the 4 amendment Take incriminating evidence and take it to the state government State said do not have exclusionary rule Prosecute in state statute Mapp v. Ohio 1961 Extended exclusionary rule to states Dealt with it in the state level Came in and knock in the door Get loss and go get a warrant Got our warrant Get back and will search the house Found illicit material found to be obscene and prosecute on that Exigent circumstances: emergency situations to violate exclusionary rule It is for the sake of human life, public safety, and preserving evidence Have a lesser expectation of privacy: airports and cars cannot have tint windows Broader checks Leon caseestablished expectation Good faith exception Purpose of exclusionary rule to punish police for wrong behavior Clerk makes mistakes on wrong address on affidavit Cops went under Good Faith exception can use evidence1984 5 amendmentright against Self Incrimination SelfIncriminationissue if being arrested in custodial matters Being detainedProtection against stating the contents of your mind Miranda Rightshave to read the their rights It has to be voluntary confession stands What is custody? *A reasonable will not feel free to leave Except for brave conditions Except traffic stop more than 20 minutes Traffic stop is detainment Detention is a guideline. Traffic stop should not stand longer than need to be Miranda v. Arizona 1966 Did not read rights Confession needs to be suppressed Have the right to remain silent, anything say cannot be used against you. Cannot afford lawyer, one will appoint for you 5 amendmentthere is right to counsel to have the right to counsel. Right to remain silent, they will watching what you say If say want lawyer, can get one Do not have to tell you if lawyer is out there Lawyer is upset if knew that 6 amendmentright to jury trial and the right to counsel Right to counsel did not used to be a right If charged with a crime, have to defend yourself No idea how to object that but a prosecutor does In felonies, should get the lawyers. Does not include cannot pay BMV. If only is indigent Clarence Gideon works in a saloon: bar. He said don’t I get a lawyer. He had defend himself. He wrote his own appeal in the jail. Clarence Gideon was accused of felony theft He wanted a lawyer for his misdemeanor After convicted, he worked his appeal up to Supreme Court Possible outcome is jail, then can get lawyer Gideon v. Wainwright: 6 amendment guarantee a fair trial Goes against the fundamental fairness that was set Subject to any imprisonment, a lawyer will be appointed to them Guarantee not get a lawyer, some said no Misdemeanor crimes: going to need a lawyer because not going to get jail time The answer is yes. It is need to get lawyer. Family law court: disobey court. Then get appointed counsel. In contempt, five days in jail DUIvery rarely get jail. Get counsel Steal Walmartstill get appointed counsel. 1989get public defender First court day is an arraignment to plead guilty or not guilty When know violation of the right to counsel, a lineup #6 everybody turn to the right and left and saying someone to get down. It is for identification purposes. Victim can say #3 to identify as perpetrator Have counsel at that stage; he is the only had a school name on it. This guy did not have full beard. This is an objection *6 amendment attached to the critical phase th th 5 and 6 amendment right to counsel They do not have to tell lawyer So must ask for lawyer Only if cannot pay for a lawyer, it is indigent. Then must have lawyer. Not because cannot pay BMW. Right to counsel on arraignment Have false cases to be shown of the pictures before Know that from somewhere Right to jury trial from your peers At critical phase Jury summon wait for the second one How to get out of this? Have to walk dog that day The only time to part of that time Actually had to decide something th 8 amendment: against cruel and unusual punishment Cannot hang Culture changed Is death penalty constitutional? They did not write the death penalty Government can take life, liberty, and property with due process. Justice Scalia would agree We do not want it public because do not want kids to see it. Why cannot hang neck? It was cracked. It is suffering and cruel. Life without the possibility of parole: it is cruel. Is it suffering? Solitary confinement. That is suffering Firing squad: Gary Mark Gilmore: murderer.He was an alcoholic 1972 Furman v. Georgia made the death penalty unconstitutional. Sentence to life without possibility of parole He was doing life without parole Charles Milles Manson gets the parole because of that Charles Milles Manson was a murderer He choose to be fire squad First person to be executed Told his attorney to stop Late 1970s execute people with fire squad Electric chairelectric until stop Hanging and fire squad is cruel and unusual Now people are choking to death killing with gas chambers Lethal injection Try to figure out with cruel and unusual punishment Stolen of pizza without the possibility of parole Hit with a third felony Petty thief with a prior is a grand thief 1972 Supreme Court made Death penalty unconstitutional 290 sex registration Naked in public Free from clothes end up dying People on sex registration with indecent exposure He and she had sex. He was arrested even if consented. Oral sexnever heard of getting pregnant Sex registration law start to expand the law So many people on registration and keep track of bad ones This is guy officially attacked a young girl Judge can make a call based on circumstances Brewers v. Williams Williams told cops where a dead girl was after coercing him to tell where the body was Sure wish family was Catholic Give that girl a good Christian girl to grow quicker to God Mr. Williams tells where it is Pretty incriminating It was playing on emotions to confess to give up the body Saying things to illicit a response, it is considered questioning (Christian burial speech: it could be songs, gestures, words, etc.) No bright line. It is considered measurement Cannot use the body that is found Grid search going *Inevitable discovery doctrine: if police or law enforcement had undergone activity that would resulted in discovery of the evidence to the point where discovered what is inevitable. Then the evidence is allowed. Purging the taint. It is called. Anything discovered after that: fruit of the poisoning tree. Any information derived from criminal activity *Independent source: different person giving the illegally obtained information. If found the evidence, then say find it. Many people are jailed for doing crack Oxytocin: behavioral response to stress and to not dependent on marijuana If someone is that industrious, be one to figure that out Better engineer than that
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