New User Special Price Expires in

Let's log you in.

Sign in with Facebook


Don't have a StudySoup account? Create one here!


Create a StudySoup account

Be part of our community, it's free to join!

Sign up with Facebook


Create your account
By creating an account you agree to StudySoup's terms and conditions and privacy policy

Already have a StudySoup account? Login here

Criminal Procedure

by: Aurelia Tromp

Criminal Procedure CJ 275

Aurelia Tromp
GPA 3.66

Christopher Smith

Almost Ready


These notes were just uploaded, and will be ready to view shortly.

Purchase these notes here, or revisit this page.

Either way, we'll remind you when they're ready :)

Preview These Notes for FREE

Get a free preview of these Notes, just enter your email below.

Unlock Preview
Unlock Preview

Preview these materials now for free

Why put in your email? Get access to more of this material and other relevant free materials for your school

View Preview

About this Document

Christopher Smith
Study Guide
50 ?




Popular in Course

Popular in Criminal Justice

This 11 page Study Guide was uploaded by Aurelia Tromp on Saturday September 19, 2015. The Study Guide belongs to CJ 275 at Michigan State University taught by Christopher Smith in Fall. Since its upload, it has received 65 views. For similar materials see /class/207601/cj-275-michigan-state-university in Criminal Justice at Michigan State University.


Reviews for Criminal Procedure


Report this Material


What is Karma?


Karma is the currency of StudySoup.

You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!

Date Created: 09/19/15
Study Guide for Exam 2 Key Terms Ch 1 Case Law Legal rules produced by judges decisions Case Precedent Legal rules created in judges decisions that serve to guide the decisions of others judges in subsequent similar cases Citation Formal abbreviated notation that identi es the case reporter volume and page where a complete printed version of a judicial opinion can be found Civil Law Rules governing the relationships among 39 39 39 39 including disputes about contracts property and personal injuries and agencies Common Law Legal system that the US inherited from England where judges create laws by deciding cases Concurring opinion Opinion by an appellate judge who agrees with the outcome of a case but disagrees with some aspect of the reasoning in the majority opinion Constitutional rights Legal guarantees which are speci ed in the fundamental legal document of a state or nation to protect individuals against improper actions by the government Discretionary jurisdiction Power of courts oflast resort to pick and choose which cases will be heard and thereby decline to hear other cases brought forward by lower courts Dissenting opinion Judicial opinion by an appellate judge who disagree with the court majority s decision on the outcome of a case En Iumc hearing Hearing in which all the judges of an appellate court hear and decide a case together as a group rather than in threemember panels Facts The events and circumstances that produced a legal case In a court case the decision is based on legal facts developed through the presentation of admissible evidence Holding The statement of the legal rule in a judicial opinion that will serve as precedent for late cases Incorporation Process through which the US Supreme Court applied provisions of the bill of rights against state and local governments by including them in the due process clause of the fourteenth amendment Issue The question of law or procedure being addressed by an appellate court in a legal case Judicial opinion A written document issued by a judge that announces and explains a legal decision Judicial Review The power of American Judges to review actions by other branches of government to determine if those actions should be invalidated for violating constitutional law Jurisdiction The legal issues and territory under the authority of a court Law Rules and policies produced by govt officials especially legislators and judges that de ne and limit the authority of govt including protections for individuals and rules for settling disputes Procedural criminal law Statutes and judicial decisions that mandate the steps in the criminal justice process and provide legal protections for criminal suspects defendants and convicted offenders Reasoning The portion of a judicial opinion that provides justi cation for a judge s decision Statutes Law created by the people s elected representatives in legislatures Substantive criminal law Laws that de ne which behaviors will be subject to punishment by govt US circuit courts of appeals The intermediate appellate courts in the federal court system that each handle initial appeals from cases within a speci c geographic region US district courts the trial courts in the federal court system Warren Court era Time period from 1953 to 1969 in which US supreme court under the leadership of Chief Justice Earl Warren incorporated the bill of rights and expanded interpretations of constitutional protections for individuals Writ ofCertiorari Legal petition used to ask the US Supreme Court to accept a case for hearing by calling up the case from a lower court Ch2 Arraignment Preliminary court proceeding in which charges are formally read to a defendant and the defendant enters an initial plea Arrest The exercise of a law enforcement of cer s authority to take a person into custody and begin processing him or her through the C S because sufficient evidence exists to establish probable cause that the person may be guilty of a crime Arrest warrant A judicial order authorizing police officers to take a speci c person into custody because of the existence of evidence showing that it is more likely than not that the person is guilty of a speci c crime Bail A sum of money or property placed under court control in order for an arrested suspect to gain freedom pending trial that will be forfeited if the individual does not appear as required for court hearings Balancing test The Supreme Court s approach to deciding 439h Amendment search and seizure cases Booking The initial processing of an arrestee at the police station including taking ngerprints and photographs Challenge for cause The authority of prosecutors and defense attorneys to request the exclusion of any jurors for a reason Discretion Authority possessed by police of cers prosecutors and other justice system officials to make decisions according to their own judgments Grand jury A body of citizens that hears presentations of the prosecutorial evidence in closed door sessions to determine if the evidence provides a sufficient basis to issue indictments and thereby authorize the prosecution of speci c defendants Habeas Corpus a postappeal legal petition used by convicted offenders to claim that their detention by the govt is improper because one or more constitutional rights were violated during the investigation and prosecution of case Indictment The formal order authorizing the prosecution of an individual that a grand jury issues after a hearing a presentation of the prosecution s evidence against the individual Preem ptory challenge The authority of prosecutors and defense attorneys to exclude a limited number of potential jurors without giving any reason Preliminary hearing Pretrial court proceeding in which a judge determines whether sufficient evidence exists to proceed with a criminal prosecution Probable cause An amount of evidence establishing that it is more likely that not that evidence will be found in a speci c location or that a speci c person is guilty of a crime Search warrant A judicial order authorizing police officers to search a certain location for evidence of a speci c crime because of the existence of evidence showing that it is more than likely that not that criminal evidence will be found at that location Ch 3 Af davit Written statement of fact supported by oath or af rrnation that police of cers may submit to judicial officers to ful ll the requirements of probable cause for obtaining a warrant Entrapment A defense to a criminal charge when police of cers improperly induce someone to commit a crime Exigent circumstances A situation in which a threat to public safety or the risk that evidence will be destroyed justi es of cers quick actions in searching arresting or questioning suspects without obtaining a warrant or following other usual rules of criminal procedures knock and announce principle Drawn from English common law and regarded by the Supreme Court as a component of the Fourth Amendment that requires police of cers to knock and announce before entering a premises to conduct a search unless there is reasonable suspicion that the announcement will create a risk of physical harm or destruction of evidence Magistrate A judicial officer often an attorney working on a parttime basis with limited responsibilities for prosecuting minor criminal and civil cases and for handling preliminary matters in serious criminal cases including the issuance of warrants Reasonable expectation of privacy The objective standard developed by the court for determining whether a a governmental intrusion into an individual s person or property constitutes a search because it interferes with the individual s interests that are normally protected from governmental examination Search Government of cials examination of and hunt for evidence in or on a person or place in a manner that intrudes on reasonable expectations of privacy Seizures Situations in which police officers use their authority to deprive people of their liberty and which must not be unreasonable according to the Fourth amendment Stop Government officials brief interference with an individual s freedom of movement for a duration that can be measured in minutes Totality of circumstances Test exible test established by the Supreme Court for identifying whether probable cause exists to justify a judicial officer issuing a search or arrest warrant US Magistrate Judges Federal Judicial officials who assist US district judges and who are empowered to handle nearly any matter handled by district judges except presiding oer trials of felony defendants They are frequently responsible for giving warrants and setting bail for federal defendants Ch 4 Attenuation doctrine Exception to the exclusionary rule also known as the purged taint exception which permits the admission of the improperly obtained evidence when a subsequent event such as a confession by the defendant removes the taint of the constitutional violation that led to the discovery of the evidence Bright line rule A clear rule that is understood by police officers and applies to all situations so that officers do not need to make judgments about when and how the rule will apply Collateral use exception The legal use of improperly obtained evidence in proceedings other than criminal prosecutions immigrant hearings grand jury proceedings Exclusionary rule Legal principle that evidence obtained in violation of a person s constitutional rights cannot be used against the person in criminal prosecution fruit of the poisonous tree doctrine When evidence is obtained by improper means any further evidence discovered indirectly as a result of the improper search or interrogation is also excluded because it has been tainted by the initial rights violation good faith expectation Exception to the exclusionary rule that permits the use of improperly obtained evidence when police officers acted in honest reliance on a warrant improperly issued by a magistrate a defective statute or a consent to search by someone who lacked authority to give such permission Independent source rule Exception to the exclusionary rule that permits the use of improperly obtained evidence that was also discovered through separate legal means Inevitable discovery rule Exception to the exclusionary rule that permits the use of improperly obtained evidence when it would ve been Ch 5 Body cavity search The most intrusive form of physical search that normally requires reasonable suspicion and special supervision and procedures for application at international borders or any context other than an incarcerated detainee or prisoner Exigent Circumstances Justi cation for warrantless searches in circumstances in which immediate search must be undertaken in order to protect public safety or prevent the destruction of evidence Patdown frisk searches Limited search of the exterior of a clothed person s body by feeling for the presence of weapons or other contraband Racial Pro ling The practice of using a person s race as a key factor in deciding whether he or she ts the general demographic description of a drug dealer or other targeted criminal offender Search incident to a lawful arrest a warrantless search undertaken at the scene of an arrest to ensure that the arrestee has no weapons which may endanger public safety and to see if ay criminal evidence can be recovered from the arrestee or the immediate vicinity of the arrestee Special need beyond the normal purpose oflaw enforcement Search Situations in which govt objectives always outweigh 439h amendment interests in a de ned conteXt without relying for justi cation on an officer s determination of reasonable suspicion or probable cause Stop and frisk search Limited search approved by the Supreme Court in Terry V Ohio that permits police officers to pat down the clothing of people whore behavior leads to a reasonable suspicion that they may be armed and involved in criminal activity Strip search Physical search that requires that suspect to disrobe and most be justi ed by reasonable suspicion and special procedures in conteth outside of corrections Ch 6 Consent A justi cation for warrantless searches when people who posses authority over property voluntarily agree to permit the police to conduct a search of the property Mmmlu rule Rule announced by the US Supreme Court in Miranda vArizorta that requires police officers to inform people in police custody of their right to remain silent and their right to counsel before they are subjected to questioning Open elds doctrine doctrine that permits warrantless eXploration for visible criminal evidence on private property beyond the curtilage of a house Plain view doctrine Doctrine that permits officers to identify criminal evidence that is openly visible from the vantage point of a location where they are legally permitted to be and to seize such items on public property or on private property where they are lawfully located Protective Sweep A search incident to a lawful arrest in which officers may make a warrantless examination of rooms closets and other locations where a confederate of the arrestee may be hiding and thereby endanger the of cers not found Waiver of rights People wiave their rights when they voluntarily surrender the protection of those rights such as when people consent to a search that police officers otherwise could not conduct at their discretion Study Guide Debate over the 2 d amendment The debate is that guns should be allowed in the home of private residence or not Republicans are for gun rights but they re also for States being able to make their own laws Democrats are against guns but they re for protecting people s rights from the governments Is the second part of the amendment connected to the rst What does militia mean Interpretations of the Constitution Original Intent Scalia Thomas What did the writers originally mean by what they wrote Literal Black What are the words of the constitution Flexible Stevens Breyer How do they think the Constitution should be interpreted De nition ofa right Right a law protecting the people from the government Authority Things the government is able to do Power Things the government are able to do but probably shouldn t If you have a gun and a badge you can do anything Lawrence v Texas Constitutional Provision A statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause Central Argument The right to privacy is the right of the individual married or single to be free from unwarranted governmental intrusion into matters so fundamentally affecting a person as the decision whether to bear or beget a child Brought Roe v Wade into the argument stating that people should be able to choose what affects their destiny And it would demean marriage by making it seem like marriage is about the right the right to have sex Concurring O Connor Doesn t think they should overrule Bowers but the Texas statute is unconstitutional Dissent Scalia Homosexual Sodomy is not a fundamental right and that is what they are there to protect Thomas It s a problem for a legislature not the US Supreme Court Forms of Law Constitutions Statute Case Law Regulation Elements within a case brief Case Name Year Score Author Facts Issue Holding Concurring Dissent Rights contained in the 143911 amendment Barron v Baltimore 1833 before the 14 h amendment The state s constitution was different so the 539h amendment didn t apply Hurtmla V California 1887 the 539h amendment due process clause does not apply to the states in this case because due process and grand jury are written separately in the Constitution Palka v Cmn 1937 Double Jeopardy case double Jeopardy was not added to the Due process clause in the 1439h amendment because it is not fundamental The Palko test was created in this case it states that the rights that are implied in the 1439h amendment are only the ones that are fundamental Adumstm V Calif 1947 Used the Palko test Selfinciimination doesn t apply to the 14 11 amendment Examples of incorporation Douglas amp Black The whole bill of rights should be carried over Murphy and Rutledge The bill of rights Duncan v Louisiana 1968 The new test was administered the new test is instead of is the right essential to a hypothetical society and is changed to is the right essential to our society Incorporations Selective incorp palkocardoza V white Are the rights essential Selective plus Some rights are essential that aren t part of the bill of rights Total incorporation Harlan IBlack The whole bill of rights Total Incorporation Plus Murphy The whole bill of rights plus a few more Privacy mentally competent to decide healthcare travel from state to state Non incorporation Harlan 11 None of the Bill of rights needs to be incorporated into the due process clause only certain laws should be and the bill of rights doesn t necessarily t in the due process clause Criminal Justice Process Santobello v New York 1971 Plea Bargaining was seen for the rst time okay under constitutional rule It is seen as bene cial to courts lawyers judges and defendents Rules of evidence are in existence to make it fair to the defendant In re Winship 1969 States that age of a defendant should not change the burden of proof Preponderance of evidence is the burden of proof in a civil case in a criminal case the burden of proof is beyond a reasonable doubt All criminal cases should have the same burden of proof even for juvenile Warrants Seizures and Arrests Reasonable expectation of privacy People expect that their private life will stay private Stop Government of cials brief interference with an individual s freedom of movement for a duration that can be measured in minutes Terry Stop A brief interference with an individual s freedom but it s very speci c It is a search for weapons or other contraband Search Government of cials examination of and hunt for evidence in or on a person or place in a manner that intrudes on reasonable expectations of privacy Many different forms of searches Seizures Situations in which police officers use their authority to deprive people of their liberty and which must not be unreasonable according to the Fourth amendment Reasonable Suspicion using articulable facts and inferences to see that a person has been is or is about to engage in criminal behavior SEARCH Probable Cause Where an of cer has the authority by reasonable inference to arrest a person based on obvious facts ARREST People v Oliver Bank robbery happened Of cer drives into a parking lot sees four men in a car none of them look at him and they drive in a circular route so they didn t pass the bank The Of cer said that he had reasonable suspicion to pull them over MI Supreme Court aloud it expanding the de nition of reasonable suspicion Illinois v Gates Because the tip was anonymous it was challenged but because the Gates were followed and probable cause was established there was no constitutional violation This made it easier for not necessarily reliable sources to be used in criminal cases Wilson vArkansas Knock and announce is an important aspect to the 4th amendment But it is sometimes unnecessary because it could be detrimental to the search destruction of evidenceof cer sa ety Richards v Wisconsin When police have good reason to suspect that that announcing their presence may be dangerous futile or result in destruction of evidence a no knock entry is justi ed Warden v Hayden If you re chasing a defendant it is okay to enter and arrest without a warrant Atwater v City of Lago Vista Arresting for a minor criminal offense misdemeanor is not against the 439h amendment against unreasonable seizure Tennessee v Garner Police cannot use deadly force against a eeing felon if they know that felon to be unarmed and nonthreatening Jacobson v US Entrapment case if the police go too far to entrap someone to commit a crime the evidence will be thrown out Exclusion of evidence and limitations on police Fruit of the poisonous tree doctrine Evidence collected improperly and anything that comes from that is excluded in court Evolution of Exclusionary Rule Weeks v US Going into someone s home without a warrant is a direct violation of a person s constitutional rights federal rights Wolf v Colorado The Exclusionary rule does not apply to all situations in state courts Frankfurter The English speaking world does not does not see it as vital Alternatives Internal discipline of the police alert public opinion Rochin v California The police had the man s stomach pumped Frankfurter s test If it shocks the conscience it should be prohibited Mapp v Ohio The exclusionary rule is applied on all levels of court Bright line rule a de nite rule that of cers cannot do Change in Supreme Court composition from Nixon appointees and subsequent appointees Nixon appointees were ultra conservative They ve been liberal appointees since By liberal it s not that liberal relatively conservative Generational and philosophical change between Warren erajustices and laterjustices Eras ofJustices Warren Ct Era 1953 1969 expansion of rights Burger Ct Era 1969 1986 Rehnquist Ct Era 1986 2005 Roberts Ct Era 2005 present Burger dissent in Bivens 1971 The legislatures should x this problem not the Supreme Court This should be left to congress Arguments For and Against Exclusionary For Fair to the people protects people from the government deterrent for police Against Lets the murders go free People who don t do things wrong shouldn t be worried about this Exceptions for the exclusionary rule US v Leon Good faith exception when a judge makes a mistake and the cops think they re doing the right thing evidence is not excluded Nix v Williams Inevitable discovery rule when the illegally obtained evidence would have been found by an independent source regardless of the source it came from the evidence is not excluded New York v Quarles Public Safety when the police are chasing a suspect and there is a threat to police or public safety the police can question without saying the Miranda rights and if that question brings about evidence the evidence is not excluded Herring v US Police Database errors If the police make a mistake and the database wrong and unknowing police nd evidence that evidence can be used because the police were acting in good faith not the same as the good faith exclusion the question turns on the culpability of the police and the potential of exclusion to deter wrongful conduct Here the error was the result of isolated negligence attenuated from the arrest Arizona v Evans Database errors Clerk of the court makes a mistake the evidence is not excluded Taylor v Illinois This is a 639h amendment exclusionary rule When the witness is found the court must know about it Or the evidence is excluded Warrantless Searches Bell v Wolfish Conditions of con nement do not infringe on a pretrial detainee s rights Range of Possible Searches US Customs Police Immediate Patdown frisk suspicion that a weapon may be present No approval required Patdown for Merchandise One articulable fact Onduty supervisor Partial Body Search Reasonable suspicion based on speci c articulable facts Onduty supervisor X ray Reasonable suspicion based on speci c articulable facts Port Director and court order unless person consents Body Cavity Reasonable suspicion based on speci c articulable facts Port Director and court order unless person consents MBM monitored bowel movement Reasonable suspicion based on speci c articulable facts Port director Plain view doctrine When police of cers are in a place that they are legally entitled to be and they see illegal contraband that can get it Open Fields Doctrine Any illegal contraband in an open eld that a police of cer can see they can get it Plain Feel Bond v US You cannot feel the bag and think maybe it s drugs and open the bag A warrant was needed to open the bag That evidence was excluded Chimel v California You cannot arrest someone and then search their whole house you can search the immediate area around them but not the whole house it is unreasonable This limited the scope of searches Motor Vehicles US v Arvizn Based on a number of circumstantial reasons the of cer had reasonable suspicion enough to search the vehicle California v Acevedo Police can conduct a search of a container in an automobile if they have probable cause to believe that the container holds evidence Wyoming v Honghton If the driver has contraband the police have probable cause to search the passengers as well Exigent Circumstances Cnpp v Murphy If the destruction of evidence and public safety are in danger a warrant is not needed for a search nger nail samples man strangled his wife


Buy Material

Are you sure you want to buy this material for

50 Karma

Buy Material

BOOM! Enjoy Your Free Notes!

We've added these Notes to your profile, click here to view them now.


You're already Subscribed!

Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'

Why people love StudySoup

Steve Martinelli UC Los Angeles

"There's no way I would have passed my Organic Chemistry class this semester without the notes and study guides I got from StudySoup."

Kyle Maynard Purdue

"When you're taking detailed notes and trying to help everyone else out in the class, it really helps you learn and understand the I made $280 on my first study guide!"

Jim McGreen Ohio University

"Knowing I can count on the Elite Notetaker in my class allows me to focus on what the professor is saying instead of just scribbling notes the whole time and falling behind."

Parker Thompson 500 Startups

"It's a great way for students to improve their educational experience and it seemed like a product that everybody wants, so all the people participating are winning."

Become an Elite Notetaker and start selling your notes online!

Refund Policy


All subscriptions to StudySoup are paid in full at the time of subscribing. To change your credit card information or to cancel your subscription, go to "Edit Settings". All credit card information will be available there. If you should decide to cancel your subscription, it will continue to be valid until the next payment period, as all payments for the current period were made in advance. For special circumstances, please email


StudySoup has more than 1 million course-specific study resources to help students study smarter. If you’re having trouble finding what you’re looking for, our customer support team can help you find what you need! Feel free to contact them here:

Recurring Subscriptions: If you have canceled your recurring subscription on the day of renewal and have not downloaded any documents, you may request a refund by submitting an email to

Satisfaction Guarantee: If you’re not satisfied with your subscription, you can contact us for further help. Contact must be made within 3 business days of your subscription purchase and your refund request will be subject for review.

Please Note: Refunds can never be provided more than 30 days after the initial purchase date regardless of your activity on the site.