The Judicial Process
The Judicial Process CJA 2400
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Date Created: 09/23/15
135 Judicial Processes Fall 2010 Final Review Created by Taylor Cheney Table of Contents Chapter 8 10272010 Roles of Prosecution and Defense 3 Chapter 9 1132010 Court Structure and Pretrial P J 7 Chapter 10 11102010 Trial P J 13 Chapter 11 11172010 Defense Strategies and Trial Mmmes 19 Chapter 12 11242010 Sentencing Procedures and Alternatives Chapter 13 1212010 PostSentencing P J 29 Important Court Cases 8 Rulings 35 The Scottsboro Boys Powell v Alabama 1932 35 The Betts Carrol County Case Betts v Brady 1942 35 Gideon v Wainwright 1963 35 Argersinger v Hamlin 1972 35 235 335 Chapter 8 10f272010 Roles of Prosecution and Defense Chapter 8 10272010 Roles of Prosecution and Defense 0 pg 119 The only person with the authority to charge someone with a crime is the 0 pg 119 The county prosecutor or District Attorney decides whether there is sufficient to charge someone with a crime and then decides what to charge the person 0 pg 120 In addition to any crime charged there might be sufficient aspects of the crime or incidents in the prior record of the accused to allow the DA to charge one or more a Serious injury or harm is an example of an 0 pg 120 In deciding whether to charge and what to charge the DA considers the following a The offender39s prior b The willingness of the accused to with the investigation or prosecution c The of the defendant can be a heavy factor with some juries d The of the trial on the victim particularly if the victim is 0 pg 122 Most counties follow the prosecution model in which a new DA is assigned to handle a case at each step throughout the court process what are those steps a b e pg 122 In a prosecution model one deputy DA handles all the cases of a certain type from the point of filing the complaints or grand jury indictments all the way through to trial and sentencing All attorneys are issued a BPR number 435 Chapter 8 10272010 Roles of Prosecution and Defense pg 122 A defense attorney isn39t necessarily concerned about the guilt or innocence of his client his primary concern is protecting the rights of his client pg 123126 What four appellate cases formed the foundation granting indigents the right to appointed counsel discuss each case a pg 123 The Boys i Supreme Court case that granted indigents the right to in all cases iiThere was already a federal rule granting counsel in federal capital cases but the Boys case applied that rule to all not just the federal government b pg 124 The Case i Supreme Court ruled that indigents accused of felonies in state courts did not have a right to appointed unless some special circumstances about the case would make selfrepresentation unfair c pg 125 vs Wainwright i Supreme Court ruled that judges in state courts must appoint free counsel to indigents accused of any it was no longer only a federal issue d pg 126 The Case i Supreme Court ruled that judges in state courts must appoint free counsel to indigents accused of in which the punishment may deprive the accused of their freedom pg 127 What are the five types of defense counsel representations a b 535 Chapter 8 10272010 Roles of Prosecution and Defense pg 127 When you pay for your own attorney you are using a counselor pg 127 A counselor employed by the state to represent indigents is a defender pg 127 A private attorney who is appointed to an indigent when no public defenders are available is an counselor pg 128 Rural counties save money by using counselors in which all defense attorneys are private attorneys who work at the prevailing hourly rate when appointed by the county pg 128 When a defendant knowingly and intelligently waives his right to an attorney he or she has a constitutional right to pg 129 Pretrial begins or before the case reaches a settlement are legal requests that are made before the trial actually pg 129 The two most common pretrial motions are for a and to the evidence what are some other motions 1 pg 129 request by one attorney to have copies or access to all the evidence in the possession of the opposing attorney 57 pg 129 Present does not know what is happening to him or her and cannot participate in his or her own when the defense believes his or her client is insane and defense Squot pg 130 39 when the a defendant has several legal matters pending in different courts the defense can make this motion to have all matters handled in one proceeding in one court 53 pg 130 39 is requested when a defendant is charged with multiple counts but wants a separate trial for each count or if two or more defendants are to be tried for the same crime their defense attorneys may make make this motion to split up the defendants into individual trials 5 pg 130 39 used when the defense wants to challenge the scientific basis for identifying evidence ie bite marks hypnosis etc r pg 130 39 request to have access to a police officer39s historyrecord pg 130 of 39 changes the location of the trial to some other In venue county 635 Chapter 8 10171010 Roles of Prosecution and Defense h pg 131 Evidence request to disallow the admission of certain inflammatory evidence such as vivid photographs that the defense thinks might unreasonably stir the emotions of a jury and result in an unfair trial i pg 131 39 request to require the defendant to provide any and all nontestimonial samples of himself such as voice hair semen prints blood or photographs 735 Chapter 9 111010 Court Structure and Pretrial Procedures Chapter 9 1132010 Court Structure and Pretrial Procedures 0 pg 135136 What are the three components of the federal courts hierarchy from top to bottom a US Court b US Court of c Federal Courts 0 pg 135 The US Supreme Court is composed of members appointed by the and confirmed by the a How long is the term for a Supreme Court justice b The annual term of the Supreme Court begins on the first Monday of c The primary concern for the Supreme Court is to exercise of state court decisions and state laws that are questioned by someone39s appeal to them d When someone wants to appeal a conviction to the Supreme Court they must prepare a legal document requesting an appellate review of the case called a of e If justices want to hear a particular case that has been brought to them it is added to the Court docket f Supreme Court justices hear between and cases yearly 0 pg 136 The US Court of Appeals divides the nation into districts and hears appeals from the various state courts within their regions that pose some constitutional issue a There are approximately appellate judges who are appointed by the and confirmed by the and sit for b Tennessee is in the th district which meets in Ohio I c quot have all judges in a district hear a case 0 pg 136 The Federal Trial Courts divides the nation into judicial districts and is the felony trial court for violations of all federal crimes a There are judgeship positions within this court structure the appoints a judge but he must be confirmed by the and sits for 835 Chapter 9 111010 Court Structure and Pretrial Procedures b The US Magistrates Court is a lower trial court for any federal misdemeanors and to hear the matters in felony cases List the court structure in Tennessee from top to bottom a TN Court b Court of c Court of d Chancery Circuit and Criminal Courts e General Juvenile and Municipal Courts pg 138 State Supreme Court decisions are binding on the lower courts within that state justices on this court are appointed by the and confirmed by the state or a commission established to review and approve judicial appointments a The ADC Office of the Administrative of the Courts General hires the State Attorney General after the approval of of the TN Supreme Court justices b Tennessee follows the Modified Plan which is considered nonpolitical i The Governor can choose up to people to appoint to TN Supreme Court ii Voters can choose to a judge iii The ChiefJustice of TN Supreme Court is voted on by the other SC justices pg 138 The State Court of Appeals consists of a network of appellate districts justices are appointed by the and confirmed by the state or equivalent a These courts primarily have appellate jurisdiction and hear the majority of cases on appeal from the trial courts within their districts b The panel39s decision affects the specific case on appeal and can set within the that district if the decision is published pg 140 The Felony Trial Courts or because it has the authority to hear any type of case including criminal civil Courts is known as the court of general juvenile probate or family matters a Except for within large each court intermingles 935 Chapter 9 111010 Court Structure and Pretrial Procedures 0 pg 141 Newly created judgeships or vacancies on any existing bench are filled by 0 pg 142 The lower trial courts aka district or municipal courts have original jurisdiction in all and cases both criminal and traffic a It also has jurisdiction in small suits andor in small actions 0 pg 143 What are the three basic types of accusatory pleadings a 39 document in which a DA names the person being charged and describes the crime charged along with any enhancements and the date the alleged crime was committed bI c 39 document filed with the grand jury to determine if sufficient evidence exists to have a trial i Who may be involved during this process 1 3 4 0 pg 144 The initial appearance of the defendant before the court is the a What occurs during this appearance i The accused is informed of the being brought against him iiThe accused can enter a iii The court informs the accused of the penalties for their charges 1035 Chapter 9 111010 Court Structure and Pretrial Procedures iv The court determines whether date should be appointed and sets a pg 144 What pleas can be entered by the accused c d pg 144 What is an example ofa dual plea a Not guilty by 39 basically like saying quotI didn39t do it but if I did I39m not responsible pg 145 A person who is allowed to leave jail without having to pay bail is said to have been released under his own pg 147 The preliminary hearing is a hearing in which the DA must present just enough evidence to the judge to convince the court that the evidence shows that a crime occurred and the accused probably committed it Cases can be over to circuit court or over to the Grand Jury to skip the preliminary hearing pg 149 Composed of at least persons in small counties and up to persons in large areas Grand Juries serve two important roles a Investigate the actions of and to ensure honesty within the government b Serve as a panel that screens cases to determine if a trial is warranted by issuing or bills pg 149 The average term for persons serving on the Grand Jury is years and they usually meet days per month The trial is not the Grand Jury it is called the Jury with a term of months pg 151 The is an 39 39 of the defendant to determine if he might make a good candidate for probation of convicted into theI 39g 1135 Chapter 9 111010 Court Structure and Pretrial Procedures a The probation officer assigned to the 39 390 will a pg 151 The vast majority of criminal cases from 90 to 96 percent are settled without ever going to trial by the process known as a List some possible bargains i plea down from a felony to a ii plea to a lesser offense iii plea to dismiss iv plea to some charge in return for a sentence or from prosecution pg 152 is defined as the temporary suspension of criminal proceedings and the referral of the defendant to some type of education training or treatment program a What are the three main types of diversions discuss each pg 154 cases are similar to diversions however they occur after conviction but is dismissed upon successful completion 1235 Chapter 9 111010 Court Structure and Pretrial Procedures 1335 Chapter 10 1110 010 Trial Procedures Chapter 10 11102010 Trial Procedures 0 pg 157 The Sixth 39 a and trial u a In most cases the defense attorney will time meaning that he or she gives up that right for the defendant and will ask that the trial date be continued until some future time i This time waiver usually works to the advantage of the defense to delay the trial in a serious case until the of the community have quieted witnesses39 have faded and there has been ample opportunity to the case and prepare an adequate defense b Misdemeanants who are confined to jail have a right to a trial within days c Misdemeanants who are not confined to jail have a right to a trial within days d Felons have the right to a trial within to days after arraignment 0 pg 158 A challenge disqualifies a judge without having to provide a reason and each attorney may exercise one challenge in each trial a If a judge has personal knowledge about a case that might him or her or has a personal financial or other interest in a case he or she should disqualify him or herself 0 pg 158 Legally a jury of one39s peers is a selected group of qualified individuals from within the where the trial will be held a Tennessee uses the quot system where anyone with a driver39s license is eligible to serve on a jury 0 pg 159 The list is the list of individuals within a county who are eligible to be considered as potential jurors a These potential jurors are sent a commanding them to appear at the jury waiting room on a given date and time 0 pg 160 There are typically citizens sitting on a jury but there is never less than a states use a 6person jury b states use an 8person jury 1435 Chapter 10 11101010 Trial Procedures 0 pg 161 When the appropriate number ofjuror and alternate seats are filled the questioning process of the potential jurors known as begins a This term formed by two French verbs meaning and which when loosely translated means to understand and to tell the truth 0 pg 161 An attorney may or excuse any potential juror in two ways a 39 excused for demonstrating that they cannot be fair and unbiased and cannot accept the adversary system ofjustice with its attending protections against the accused especially the defendant39s right to remain silent b 39 excused without giving a reason i For felony cases involving the death penalty both the defense and prosecution get challenges ii For felony cases not involving the death penalty the defense attorney gets challenges and the state gets challenges iii For misdemeanor cases both the defense attorney and state get challenges iv Rule 24F grants defendant additional challenge for each additional 0 pg 161 If the defense wishes to challenge the entire jury and claim that the venire list has a bias against the defendant usually because of some pretrial publicity they can request a change of 0 pg 161 A judge can issue a which limits the release of information ie to the media by all the parties that have a legal role in the case ie prosecution amp jurors 0 pg 162 Using social research methods to assess the attitudes of individuals within the venire list or within the community at large to select a jury is known as 0 pg 163 There are times when it is in the best interests of the defendant not to have a jury trial but to have the trial by a judge sitting alone this is called a trial 0 pg 164 In criminal matters the burden of proof lies with the and that proof must assign guilt a 1535 Chapter 10 11101010 Trial Procedures pg 165 prevents a person from being tried for the same offense twice a Jeopardy attaches when the first witness is sworn in and seated for trials and when the jury is sworn in and seated for trials b You can be charged within state and courts for the same incident pg 165 A jury that cannot decide on a verdict is called a jury but it is not considered to be a conclusion of the trial a When this occurs the defendant may be tried again pg 165 The entire case presented by the prosecutor including all the witnesses and other evidence is called the a Both the defense and prosecution give an statement or remark to the jury pg 165167 What are the three classifications of evidence pg 167 An knowledge about a particular subject andor aspect of the crime because of some special is a person who has some special understanding or training or education in that subject pg 167 A events of the crime but has no special training or education in any aspect about which he or she will testify is a person who might have some knowledge about the pg 167 Evidence that directly proves a specific fact is called pg 167 Evidence that requires the jury to make the connection between sets of facts or to logically infer that something probably is true is called a This type of evidence is also called because whether it is relevant to consider as evidence depends on the totality of the circumstances 1635 Chapter 10 11101010 Trial Procedures 0 pg 168 evidence is physical evidence that can be collected and tested by methods that would have been impossible only a few years ago list some examples e pg 169 Members of the jury are instructed by the judge not to visit or view the crime scene on their own If the judge thinks that the jury needs to view the actual crime scene in order to better understand the testimony of witnesses the judge will arrange for all the jurors attorney39s defendants and the judge himself to the crime scene pg 169 examination is the questioning of a witness by the attorney who called the witness to help prove his or her side of the case pg 169 39 39 is the 39 39 U the same witness by the opposing attorney pg 169 Questions in which the desired answer is stated or implied are called questions What two instances allow for attorneys to ask these types of questions a witness b examination 0 pg 170 A legal document that commands a witness to testify in court is a a A meaning bring the documents commands a witness to bring certain documents with him or her to court 0 pg 170 Challenging the admissibility of a question of the witness or the answer by the witness is accomplished by an attorney filing an with the court a is what a witness might have learned from another source but does not know firsthand b The judge can or agree with the objection c The judge can an answer from the record and order the jury to disregard it 1735 Chapter 10 11101010 Trial Procedures d The judge can or disagree with the objection pg 170 Some individuals are protected by law against having to testify even though they might know what happened thanks to a vestige of common law called a List some examples of people who are protected pg 171 The jury must be attentive during the trial must not hear or read about the case must not discuss the case among themselves or with anyone else during the trial and must not form any opinions as to the defendant39s guilt until the jury begins its deliberation a Isolating a jury from outside influences ie requiring them to return to a hotel room at the end of each day is called pg 171 The prosecution after it has presented all their evidence and the State39s case is over 1835 Chapter 10 11101010 Trial Procedures 1935 Chapter 11 1117 010 Defense Strategies and Trial Outcomes Chapter 11 11172010 Defense Strategies and Trial Outcomes 0 pg 175176 What are the four defense strategies listed in the book c d u u 0 pg 175 The defense may make a motion for a when they believe that the evidence presented was not sufficient to prove the defendant39s guilt a The judge can respond to this motion in three ways 0 pg 175 When the State39s case is based primarily on circumstantial evidence the defense may argue another reasonable explanation for what occurred this strategy is called by the quot a List some possible arguments that can be created under this strategy iii iv v 0 pg 176 When the State39s case is based on strong direct evidence and there is no doubt that a crime occurred and the defendant committed it the defense may attempt to use the but to quot strategy a Basically the defense is arguing that the defendant39s action in the crimes does not fit the degree of the crime charged 2035 Chapter 11 1117 010 Defense Strategies and Trial Outcomes pg 176 When the prosecution proves beyond a doubt that an act occurred and the defendant did it the defense may attempt to prove that the defendant had a to do what he or she did This is called the or Affirmative Defenses strategy beca use of a When using this strategy the defendant must present a real defense and prove the justification for his or her actions b List some examples of when this strategy may be used vs California 1965 protects defendants from being forced to testify pg 177 against 39 the defendant does not take the stand 39 and the r 39 is r Ifrom making any comment to the jury if pg 177 If the defendant takes the stand he will open up his to the prosecuting attorney a Statements made to police by the defendant may be used to the defendant as a credible witness if their statements in court do not match the ones made to police i If the defendant made any statements to police during their investigation that were ruled inadmissible because they were obtained in violation of Miranda those statements can still be used to the defendant pg 177 The defense and defendant must also be aware that testifying in court will then open the defendant up for by the r during pg 178 During the argument or conclusion each attorney will address the jury and summarize what the evidence has shown to support their case a quot gets two U whereas the defense gets only one b The State or prosecutor cannot refer to the defendant in terms or make any other prejudicial error doing so will allow the defense to appeal if convicted 2135 Chapter 11 1117 010 Defense Strategies and Trial Outcomes of what refer to the defendant in repugnant terms or say that he or she has personal knowledge of the defendant39s guilt pg 178 The defense has far greater latitude in wording his or her happened than the prosecution who cannot mention prior pg 179 The jury objectively decide on the credibility of any testimonial evidence and judge the facts within the limits of the law as explained to them by the judge is when the jurors review and weigh the evidence a The jurors first elect a by an informal election process b What are the two possible results of a jury39s deliberation i ii c A jury is a panel ofjurors who absolutely cannot decide on a verdict the judge dismisses the jury and allows the DA to decide whether to prosecute again pg 180 The process by which either attorney can face each individual juror and ask the juror the how he or she voted is called pg 180 A sufficient for petty cases but many states apply stricter laws than the federal minimums verdict is not necessarily constitutionally required a 5A majority is pg 181 The defense may make a motion for a quot even after the verdict is given to claim the evidence presented was not sufficient to prove the defendant39s guilt a The judge can respond to this motion in three ways I The judge is the quot39 jurorquot 2235 Chapter 11 1117 010 Defense Strategies and Trial Outcomes 2335 Chapter 12 11f14 010 Sentencing Procedures and Alternatives Chapter 12 11242010 Sentencing Procedures and Alternatives pg 184 What are the six goals of sentencing discuss each pg 185 Laws enacted by legislature or congress in which specific sentences are mandated for certain crimes and no judge has any discretion are called Sentence Laws pg 185 A warden at El Mira Reformatory in NY Zubalon Brockway brought Sentence Laws to America in 1870 a The goal of parole is pg 186 Some state legislatures have provided three specific sentence lengths that a convicted felon may serve and the sentencing judge chooses the most appropriate time after conducting a hearing and considering all the relevant factors this is called Sentence Laws a What were the two goals of this model b The middle time or term of the 3 is called the because it is presumed that the judge will impose the middle term if everything else is equal c The upper time time is called the because the judge may impose it if there are factors about the crime or the role of the defendant that make it aggravated d The lower time is called the because the judge may impose it if there are factors about the crime or role of the criminal that make it less serious than the average 2435 Chapter 12 11f14 010 Sentencing Procedures and Alternatives pg 185 is the return to crime by a person released from prison and the person who fails and return to prison is called a pg 187 During the time between the verdict and sentencing the case is referred by the court to the department for an investigation and report as to the proper sentence this is called the a What type of information is contained within the report i Details of ii Defendant39s to determine his role and Victim Statement iv Potential for the Defendant to v An assessment of the defendant39s vi pg 188 An assessment of the defendant39s ability to repay any fines or vii Work viii Prior history b pg 188 Once the probation officer is done with his report he makes a sentence to the judge and includes a list of the terms and conditions of probation pg 189 The suspension of the imposition or execution of a sentence and the order of conditional and revocable release in the community under supervision is called a What does conditional mean in the above definition b What does revocable mean in the above definition pg 190 What are the five types of probation 2535 Chapter 12 1114 010 Sentencing Procedures and Alternatives e 0 pg 191 The conditions ordered with any grant of probation are either standard and special a 439 are the I 39 uniquely chosen for a particular defendant or class of defendants based on the types of crimes charged with b 439 are the I 39 that every probationer must follow c What are some examples of standard conditions i Pay and ii rules of probation iii Report to iv Inform Probation Officer and court after a change in d What are some examples of special conditions i Screens ii Victims Panel iii Psycho Evaluation iv No Activity v Health Evaluations vi to Victims vii Service viii Monitoring 0 pg 191 What three things does a person agree to submit to under the threeway search clause 2635 Chapter 12 11f24 010 Sentencing Procedures and Alternatives pg 191 Who is given the authority to affect the searches under the threeway search a pg 193 The probationer is determined to have no because the probationer cannot claim a violation of his 4 h Amendment right he willingly accepted it as a condition of probation WI vs Griffin b pg 193 Under US vs search by police against the defendant 2001 the US Supreme Court upheld the warrantless pg 194 A probationer may be found in violation of probation for two reasons a If the probationer violates one of the conditions of probation but is not arrested for a new crime it is called a violation b If the probationer is arrested and charged with a new crime it is called a violation pg 195 What is the twostage hearing process for probation violation hearings a An initial hearing b A hearing pg 195 The reversal or erasure of a conviction is known as an a Even though the conviction is erased from judicial servers it remains on file at b Most state laws require to continue to register as such even after receiving an expungement pg 195 US vs considered as enhancements under the US Sentencing Guidelines when calculating the time for 2001 held that expunged convictions of a state may still be a convicted federal offender to serve pg 196 The agency in the judicial branch of the federal govt created in 1987 and tasked with creating was an independent sentencing policies and practices and uniform detailed guidelines for all the federal courts a Judges didn39t like having to give up their b The US Supreme Court in 1989 ruled that Congress39 Commission was c The US Supreme Court in 2004 ruled that Congress39 Commission was only 2735 Chapter 12 11f14 010 Sentencing Procedures and Alternatives 0 Draw an example of the Federal Sentencing Guidelines diagram using the following conditions a The base level has a range from one least serious to 43 most serious b The other axis horizontal should have 6 categories to reflect the offender39s prior record 2835 Chapter 12 11f14 010 Sentencing Procedures and Alternatives 2935 Chapter 13 1212010 PostSentencing Procedures Chapter 13 1212010 PostSentencing Procedures 0 pg 201 The conditional and revocable release from county jail ofa sentenced misdemeanant into the community under the supervision of an agent of the county parole commission is called 0 pg 202 The conditions of parole are similar to probation in that there are standard and special conditions a What are some examples of standard conditions b What are some examples of special conditions iv v 0 pg 202 Felony sentences can be paroled or limited using Sentence Laws 0 pg 202 The of reviews each prison sentence to determine the existence of any unreasonable differences in time individuals receive for similar crimes from courts around the state a pg 203 These boards also hear allegations of parole violations and decide whether or not to parole b Who determines who sits on the board 0 pg 203 The conditional and revocable release of a prison inmate into the community after serving some portion of a sentence under the supervision of a parole agent is known as 3035 Chapter 13 1212010 PostSentencing Procedures pg 204 Inmates sentenced under the might be considered for parole after serving some portion of the minimum term which is known as pg 204 Inmates sentences under the is called because their parole is mandatory a The child rapist and murderer who served a 7 year sentence for a mayhem conviction case is an example of the shortcomings of the DSL it39s about a pg 205 enforcement who then may be required to notify local schools daycare facilities and youth forces convicted sex offenders to register with local law organizations in the offender39s neighborhood 3 pg 205 detain sex offenders in locked hospital facilities after the completion of their SVP laws allows state officials to determinate sentence b pg 206 Kansas vs 1997 was a Supreme Court case that held that extended confinement was a civil commitment for treatment not a criminal punishment pg 206 The commitment proceedings but they appealed to the state Supreme Court Department of Corrections sent 19 sex offenders for civil a The Court refused to on the case vs Young 2001 the US Supreme Court affirmed the quot ofthe quot U procedure whose purpose was rehabilitative rather than pg 206 In 39 39 state civil law stating it created a civil and did not amount to double jeopardy pg 206207 In a report by the New York Times by the end of the year 2000 a SVP39s were confined nationwide in a civil treatment facility after the expiration of their prison sentences b It costs Washington state S per year to hold and treat an SVP c It costs Washington state S for the legal costs of the civil trial and appeal process pg 207 Searches of parolees had to meet the standard of of criminal activity in California prior to 1998 3135 Chapter 13 1212010 PostSentencing Procedures a pg 207 Jan 2 1998 California started requiring parolees to sign a waiver allowing police to threewaysearch without or 39 what is included in the th reewaysea rch b pg 208 In Pennsylvania Board of Probation and Parole vs 1998 the US Supreme Court held that the Exclusionary Rule does not apply to searches i This case set a national standard for parole searches a parolee has no Amendment protections and no to object to any search c pg 208 In People vs 1998 the California Supreme Court held that the threewaysearch does not intrude on any expectation of privacy and is constitutional pg 209 Parole maybe if the parolee violates his or her parole by either committing a new offense or breaking one of the conditions of parole a technical violation a In vs Brewer 1972 the US Supreme Court established a twostage hearing process as a requirement in all parole revocation cases what are those stages ii b What standard of proof is required to revoke parole pg 209 The Jacob Act requires certain sex offenders register with the local law enforcement agency having jurisdiction where the offender lives pg 210 In many states anyone required to register shall at the time of release into the community be required to provide two samples of 39 what are two examples a b pg 211 Some states have adopted residency restrictions for sex offenders These restrictions usually restrict any offender from living within ft of any school or childcare facility 3235 Chapter 13 1212010 PostSentencing Procedures pg 212 What are some examples of early execution methods in the United States c d was carried out in Owensboro KY in 1939 pg 212 The last public pg 212 What are examples of the most recent forms of recognized execution methods c d pg 212 Since 1608 when records first started being kept people have been executed pg 212 vs Georgia 1972 the jury was given complete discretion as to whether to impose or life in prison a The US Supreme Court ruled that giving the jury full discretion was b Guilt must first be established by the juries then is decided separately pg 213 vs Georgia 1976 the US Supreme Court approved of a twostage hearing process before a sentence of can be imposed what are those two conditions a b pg 213 vs Georgia 1977 the US Supreme Court ruled that the death penalty could not be imposed on persons convicted of of all death row inmates are from Texas Florida and pg 214 When a law is too vague for an ordinary person to understand what behavior is Doctrine prohibited it is declared to be invalid by the 3335 Chapter 13 1212010 PostSentencing Procedures What is a hofbrau a style food service found in the United States that feature food pg 214 The US Supreme Court has discretion in accepting cases on appeal and will select only those that have a significant question ofthe 9 justices must agree to hear a case before it is added to the docket a pg 215 The US Supreme Court receives roughly writ of certs in a year but less than are heard by the court 0 pg 215 A writ of is the basic document used to appeal a conviction 0 pg 215 A writ of is filed by a person who claims to be held in custody without due process or by the denial of some constitutional right pg 215 A writ of is a request made to compel a lower court someone or something to perform some action or duty 0 pg 215 A writ of is a request made to prohibit some lower court person or agency from taking some action or performing some duty 0 pg 216217 What are the five ways executive clemency can be exercised a 39 act of forgiveness in which the offense is erased as if it never happened b 39 temporary delay in carrying out a sentence pending some final decision c 39 lessening or shortening a sentence d 39 freeing a person usually a group of people from prosecution e 39 money paid as compensation to a person who was convicted of a felony and imprisoned then later pardoned by the governor either because no crime was ever committed or if it was the convicted person was not the one who committed it 0 pg 216 Who has the ability to grant executive clemency at the state and federal levels a State b Federal 3435 Chapter 13 1211010 PostSentencing Procedures 132 Judicial Processes Fall 2010 MidTerm Review Judicial Processes Fall 2010 MidTerm Review Created by Taylor Cheney Table of Contents Judicial Processes Fall 2010 MidTerm Review Chapter 1 09011010 Criminal Procedures in quot Chapter 2 09081010 Fundamental Concepts of aw Chapter 3 0915f1010 The r 39 y Rule Chapter 4 09121010 PoliceCitizen Contacts Consensual r and Detentinns Chapter 5 09191010 The Laws and Procedures of Arrest Chapter 6 10061010 Miranda ts Meaning and I I quot Chapter 7 1011010 Booking and Jail Custody Procedures Important Court Cases amp Rulings Weeks v United States 1914 Wolf v Colorado 1949 Mapp v Ohio 1961 Williams39 Christian Burial Speech Nix v Williams 1984 Terry v Ohio 1968 McNabb v United States 1942 Mallory v United States 1957 Escobedo v Illinois 1964 Thompson v Keohane 199 232 332 Chapter 1 09011010 Criminal Procedures in Perspective Chapter 1 09012010 Criminal Procedures in Perspective pg 1 Our laws are based on the which calls on a two partysystem Prosecution and Defense havingfair and equal access to the same resources and information competing in open court to arrive at the legal truth pg 2 is the body of law that was not written but that evolved over time in N Great Britain through custom tradition and court decisions rather than statutes to become recognized early in our history as the law of the land pg 2 US laws were established from what three sources Discuss each source S 4 pg 3 870 AD is credited for creating the shirereeve system What is a shire In What is the American equivalent to an English shire 57 What role did the early reeves play Squot What is the modern equivalent to the shire39s reeve 0 pg 3 The included representatives from the various tribes and families that lived on lands divided into hundreds 5quot pg 4 is the act of swearing innocence to purge oneself with the support of 9 quotoath helpers to support the testimony of the accused a pg 4 How many quotoath helpers were required to support the testimony of the accused 7 8 9 10 pg 6 King Henry II divided his country into 432 Chapter 1 09011010 Criminal Procedures in Perspective pg 4 is the act of paying compensationrestitution to the victim of a crime pg 4 Both William the Conqueror and were promised the title of quotKing of Englandquot by Edward the Confessor before his death a pg 5 William the Conqueror replaced all active reeves with his own Norman after taking the throne b Under William the Conqueror reeves retained arresting powers and were tasked with acting as quotjudgesquot pg 5 King Henry I was the first to declare that the King State is the victim of all crimes This is called the quot doctrine a pg 6 Henry devised two separate classifications for crimes which are still used today in our system ofjustice b pg 6 When someone was declared a felon he was condemned to death and considered an outlaw until his capture the felon was also considered to be civilly dead i What did it mean to be civilly dead ii What happened to the felonoutlaw s personal property iii Was there any chance to pay atonement for the felony c pg 6 When someone committed a lesser crime not worthy of being considered a felony the person was declared a i Misdemeanors were 39 39 quot by or ii Being placed in the quotstocksquot or whipped were methods of judicial districts a pg 6 When a person was accused of a crime it became the sheriff s job to summon 12 knights from the shire and commoners from the town to hear a preliminary 532 Chapter 1 09011010 Criminal Procedures in Perspective version of the case this was called the 11 pg 7 A preliminary hearing and a grand jury hearing attempt to establish probable cause What are the two aspects that must be in existence for a case to progress past the hearing 12 pg 7 What is another name for our current lZperson trial jury 13 pg 7 The Latin phrase stare decisis is also called the Doctrine of a What is the purpose of stare decisis 14 pg 8 Knights accused of breaking the law were allowed to have the assistance of a fellow knight in presenting his defense but only if the crime charged was a a Why did the King not want an accused felon to have help when presenting his defense 15 pg 8 The was a document drafted by nobles and offered to King John which listed 37 rights guaranteed to the citizens a King John had the option to either sign the document or b The Magna Carta was copied from an earlier document of Henry I titled the c The Magna Carta is cited as the main source and inspiration ofour 1639 pg 10 Discuss the following Constitutional amendments Bill of Rights 4th 5th 6th 8th 14 h 632 732 Chapter 2 09081010 Fundamental Concepts of Law Chapter 2 09082010 Fundamental Concepts of Law 17 pg 14 Today the is always the legal victim of a crime 18 pg 15 What are the seven elements that makeup a criminal act actus resus a b mens rent a 0 19 pg 15 The four levels of crime are and a A crime punishable by execution or imprisonment in the state prison is a b A crime punishable by a fine or a sentence of up to one year in jail or both is a c A crime punishable by fines only is known as an d A crime that is punishable at the discretion of the court by a term either in prison or in jail is known as a 20 In Tennessee felonies range from Class A to Class a What is an example of a Class A felony b What is an example of a Class E felony 21 In Tennessee misdemeanors range from Class A to Class a What is an example of a Class A misdemeanor b What is an example of a Class C misdemeanor 22 23 N 0 N 00 0 832 Chapter 2 09081010 Fundamental Concepts of Law pg 16 In some states there are two additional categories of felonies felony a and felony b m The felony category includes crimes that may come under what is termed as the quotthree strikes law or habitual offender law if an offender is convicted of a felony and has had prior convictions of certain designated felonies the sentence may be increased substantially 57 The felony category includes crimes which are misdemeanors ordinarily but when combined with a charge of having a prior conviction may be charged as felonies pg 16 Some specific aspect of a crime or of the criminal39s role in the crime or of the criminal39s background stated in the penal code that may be added to a criminal complaint which if proven will add time to a felon39s prison sentence if the felon is also convicted of the basic crime at the Federal level is called an at the State level and a pg 17 Crimes that are inherently evil and by their very nature are bad or wrong are known by the Latin term with malice or with malicious intentions pg 17 Crimes that are NOT inherently evil but still pose a threat to society and need to be controlled are known by the Latin term pg 17 The primary purpose of law is to protect society and protect the law abiding citizens from the law breakers t governs the behavior of the citizens within society and tells the citizens what they cannot do or what they must do to obey the law pg 18 that work within the justice system to protect the constitutional rights and due process of every laws are the laws that must be obeyed by the officers and agents citizen at every level of involvement in the system from the point of initial police contact through arrest booking trial and punishment pg 18 Any law bill that originates in the Legislature and is voted in as law by the majorities in both Houses Senate and Assembly is called law pg 18 judges The decision offered for the case may result in clarifying or creating a procedure that law is the body of law that results from a court case and is actually created by must be followed by law enforcement officers or the lower courts in all future situations in order to ensure the constitutional rights of an accused person pg 17 Can laws apply to more than one type of law mentioned in questions 26 29 Discuss why or why not 932 Chapter 2 09082010 Fundamental Concepts of Law 31 pg 18 Most law is created by case law decisions but rarely do case decisions affect the law 32 pg 19 Citizens enter into a with the government which seeks to find a balance between providing absolute security safety and social order and having absolute personal freedom a pg 20 Who is credited as being the author of this theory 1762 33 pg 21 The USA Patriot Act was enacted mo day 2001 a pg 21 This Act is the result of branch of gov39t proposals introduced less than a week after the terrorist attacks of September 11 2001 b pg 21 The Act significantly increased the surveillance and investigative powers of law enforcement agencies in the United States Discuss some of the areas that the Act broadened c pg 21 The Act provided for very limited oversight d pg 22 The Act was initially set to expire after years but has been extended 34 pg 22 The party to a crime includes all individuals involved in the commission of a crime whether it be felony or misdemeanor and whether they directly commit the crime help in or encourage its commission this person may also be referred to as an actor 35 pg 22 The party to a crime includes individuals who after a felony has been committed knowingly and willingly harbor conceal or aid an actor in a felony with the intent of having the actor avoid or escape arrest trial conviction or punishment 36 pg 24 List the different degrees or standards of proof available and then discuss each 1032 Chapter 2 09082010 Fundamental Concepts of Law 37 pg 2425 Which degrees of proof are required for criminal cases which are civil a Criminal b Civil 38 pg 25 The Latin phrase refers to a law that is passed making some behavior a crime aggravating or increasing the sentence for a crime or lowering the degree of proof required for a conviction of a crime and having that law apply to past cases a If a law works to the advantage of the accused it be applied retroactively b If a law puts the accused at a disadvantage it be applied retroactively 39 pg 25 always refers to the authority of some agent or agency to act in some capacity but is often limited typically by some political boundary 40 pg 26 always refers to either the county in which the crime occurred or from which the jury is drawn 41 pg 26 The is the body of any crime consisting of 2 elements a There was or loss to a victim b The or loss was by some criminal means 42 pg 26 quot describes a legal concept by which a state through its legislature can enact laws that provide greater procedural protections 1132 Chapter 3 09151010 The Exclusionary Rule Chapter 3 09152010 The Exclusionary Rule 43 pg 31 The is a rule of law that holds that evidence seized illegally by the government law enforcement is inadmissible in a court of law to prove guilt 44 pg 31 The decision made by a simple by at least a vote of 5 to 4 of US Supreme Court justices becomes the law of the land 45 pg 32 33 The exclusionary rule was created by the case v 1914 and became known as the Doctrine 46 pg 33 The exclusionary rule made law by the Supreme Court only applied in courts because the Constitution was considered to only apply to procedures 47 pg 33 The was the practice of federal officers requesting local police to perform illegal searches on their behalf because it would then be admissible in courts 48 pg 33 v 1949 was a Supreme Court case that said that the exclusionary rule only applied in federal courts not necessarily in individual state courts 49 pg 34 v 1961 established the exclusionary rule as a mandatory procedure in all states rather than only applying in federal courts a This case reversed the earlier ruling in v 1949 50 pg 38 The sole purpose of v 1961 was to deter police from violating the rights of citizens guaranteed by the Fourth Amendment against illegal and seizures 51 pg 38 There are three exceptions to the exclusionary rule what are they Discuss each 3 pg 41 b pg 43 C pg 45 52 pg 42 When an investigating officer makes on procedural error any other evidence discovered as a result of the first error becomes tainted an inadmissible in court this is known as the of the doctrine 53 pg 42 The rule that means in essence that if police obtain evidence in violation of the Fourth Amendment but they can prove by a 1232 Chapter 3 09151010 The Exclusionary Rule preponderance of the evidence that their evidence would have been found in the same condition anyway by some legal means of independent source it is admissible in court and the exclusionary rule does not apply a pg 42 v 1984 bound all states to by this new procedural law of the land declaring that evidence that would have inevitably would have been found is in courts 54 pg 43 Benjamin Quarles raped a female at gunpoint afterward the girl took police to the supermarket where Quarles was located Mr Quarles was arrested at that time a pg 43 After catching Quarles the officer asked him where his was without reading him his Miranda rights Immediately upon finding the he was read his Miranda rights b pg 43 The trial judge Quarles39 statement about the weapon as well as other statements because they were tainted by the initial procedural violation by the officer and became of the c pg 44 The Supreme Court heard the case and ruled that there is a exception to the requirement that Miranda warnings be given before a suspect39s answers may be admitted into evidence d pg 45 The justices were trying to balance society39s need for safety with the rights of an e pg 45 Public safety does not mean just the general public it applies equally as well to officer safety safety and safety f This case illustrates an exception to the 55 pg 45 A confidential informant of unproven reliability informed an officer of the Burbank Police Department that two people known to him as Armando and Patsy were selling large quantities of cocaine and methaqualone from their residence a pg 46 After monitoring the suspects their residences and suspicious visitors officers obtained a from a state superior court judge to search the listed residences for drugs b pg 47 The evidence obtained via the search was due to insufficient Probable Cause even though a was issued by a detached and neutral magistrate 1332 Chapter 3 09151010 The Exclusionary Rule c pg 47 The US Supreme Court ruled that the officers acted in and that the search and subsequent evidence found was admissible in court d This case illustrates an exception to the 56 The purpose of the exclusionary rule is to protect individual liberties and to provide a form of checks and for police 1432 1532 Chapter 4 09f22f2010 PoliceCitizen Contacts Consensual Encounters and Detentions Chapter 4 09222010 PoliceCitizen Contacts Consensual Encounters and Detentions 57 pg 52 A voluntary exchange between an officer and a citizen with no restraint of individual liberty is called a encounter a pg 52 During a voluntary exchange the citizen is free to at any time and is free to refuse to cooperate and not to answer any b pg 52 If an officer creates an atmosphere of intimidation or one in which a reasonable person would not feel that he or she is free to leave it might move the transaction from a encounter to a without any legal basis 58 What requirements must be met for a search to be considered consentual Explain each a Voluntary b Knowing c Standing d Scope e Duration 59 pg 53 is a seizure of the citizen that is limited in duration scope and purpose and occurs when a peace officer compels a person to stop to stay in place or to perform an act a What are the six 6 levels of proof b pg 53 Any detention of a person by a peace officer must be based on which level of proof by the officer that the person has committed is committing or is about to commit a crime 60 pg 54 v 1968 affirmed the stopandfrisk rule 61 62 67 1632 Chapter 4 09121010 PoliceCitizen Contacts Consensual Encounters and Detentions a pg 55 The stopandfrisk decision grants officers the authority to pat search the citizen for weapons but only if the officer has articulable suspicion to believe that the suspect may be armed b pg 55 This is a pat search on the of the person39s clothing for the sole purpose of looking for any weapons that the person might possess pg 56 A quotgoodquot reasonable suspicion detention is based on the following two elements a b pg 58 A traffic car stop is an example of a legal if the officer stops the car with the reasonable belief that the driver might have violated a traffic law pg 60 An investigative car stop is not a routine traffic stop It is a car stop detention made when an officer has level ofproof to believe that the driver is at the moment engaged in some sort of illegal activity pg 60 A law enforcement officer order both the driver and the passengers out of the car during any car stop pg 60 In v United States 1925 the Supreme Court held that the warrantless search of a car is reasonable if police have probable cause to believe that it contains contraband pg 61 Officers can search the compartment including objects left by a passenger when they have made a lawful arrest pg 61 What are the three 3 legal reasons to have roadblocks or checkpoints 1732 Chapter 5 0929p010 The Laws and Procedures of Arrest Chapter 5 09292010 The Laws and Procedures of Arrest 68 pg 69 What are the two parts to the definition of an arrest a Taking a person into b to be with a crime 69 pg 69 There are three categories of offenses which grant an officer the authority to make an arrest discuss each a Misdemeanor officer must have to believe a crime was committed in the officer39s to make an arrest b Felony officer must have to believe a felony was committed but the offense did not have to be committed in an officer39s c Warrant peace officers have the authority to arrest a subject with an active warrant 70 pg 70 There are five 5 exceptions to the misdemeanor arrests described in the book and mentioned in class what were they e 71 pg 71 Legally speaking juveniles do not commit crimes they commit 72 pg 71 Officers mat take a minor into temporary custody arrest whenever the officer has to believe that the minor has committed any law violation 73 Only can commit status offenses what are some examples of status offenses a b 74 pg 71 Reasonable suspicion is based on several factors 1832 Chapter 5 09191010 The Laws and Procedures of Arrest a sense b Experiences from life c Reviewed from an or neutral viewpoint 75 pg 73 What are the four parts to the definition of what an arrest warrant is a Legal b Issued by a or Judicial Commissioner c Directed to any peace d Commanding that the person named on the warrant be and brought before the which issued the warrant 76 pg 74 The of is the legal time within which a person must be charged with a crime a A misdemeanor SoL usually lasts for up to year b A felony SoL usually lasts from to years c In many states embezzling public funds or any crime punishable by execution or life in prison carries a SoL for years 77 pg 74 To be valid an arrest warrant must contain the following information e 78 pg 75 Private persons can make arrests if one of two conditions are met what are they 1932 Chapter 5 09191010 The Laws and Procedures of Arrest 79 pg 75 If a private person makes a felony arrest but no felony was later found to have been committed the arresting person may be charged with 80 pg 75 Private person arrests frequently occur in two types of misdemeanor situations a b 81 pg 75 An is used when a private person wants another person arrested by police for a misdemeanor the officers allow the arresting party to confirm the identity of the subject being detained by police 82 pg 76 is an old common law procedure whereby a peace officer or private person may request assistance to complete an arrest a When a peace officer requests help from a private person the person then has the same and as the officer b Officers and citizens may only request assistance from persons over the age of and not in a uniform 83 pg 76 After a private person makes an arrest a peace officer is by law in many states to custody of the person a A peace officer assumes no in accepting custody from an unlawful arrest by a private person 84 pg 76 Most state laws require that the arresting person informs the arrestee of three things a b c 85 pg 77 An officer may use any necessary to make an arrest which is defined as the minimal amount of necessary to overcome the resistance posed by the person being arrested 2032 Chapter 5 09191010 The Laws and Procedures of Arrest 86 pg 77 State laws usually include two ares of behavior by peace officers that are illegal a i ex detaining a person against his or her will without having ii ex arresting a person without having b 87 pg 79 What is the process for an r 39 39 mutinc l wcl and a on the door andor presence b Identify 39 39 as c State for being there and the to do it d Demand e Wait a amount of time for the resident to open the door 88 pg 79 What are five 5 exceptions to the knockandannounce rule a b c d e 89 pg 81 If a person being arrested has that he or she is being arrested by a peace officer it is the legal duty of that person to to attest and not a However if the officer uses excessive force when making the arrest the person being arrested has the to himself b The person being arrested would also have the burden of that the officer used force 2132 Chapter 5 09191010 The Laws and Procedures of Arrest 90 pg 81 It is a to interfere with or disobey any performance of their duties officers in the a This includes iii iv 91 pg 82 What are the two 2 situations in which an officer does not have the authority to arrest a b i Foreign Ambassadors and UN Representatives and their are completely from arrest or detention ll generals and vice receive immunity from arrest or detention but only when the act occurs while performing the assigned to them by their government iii The families of consular officers are are not granted immunity 2232 2332 Chapter 6 10061010 Miranda Its Meaning and Application Chapter 6 10062010 Miranda Its Meaning and Application 92 pg 86 What 3 cases are the 3 most significant precedentsetting cases in the history of procedural due process Explain what each case was about a b c 93 pg 87 v United States 1943 was a federal case about custodial interrogation a The Supreme Court did not want to establish any on custodial interrogation therefore they refused to address the legality of their interrogation and instead used the federal arraignment rule Rule to overturn the brothers conviction 94 pg 87 v United States 1957 was another preMiranda case about custodial interrogation a The Supreme Court again used Rule to avoid setting any on custodial interrogation 95 pg 88 v Illinois 1964 was yet another preMiranda case about the right to onthespot counsel a Mallory was arrested for murder interrogated and released on corpus b pg 89 Mallory was again later detained and was counsel c pg 89 The US Supreme Court ruled that any information obtained as a result of infringing on a subject39s right to cannot be used against him at trial 96 pg 93 List the points of the Miranda Warning 2432 Chapter 6 10061010 Miranda Its Meaning and Application 97 pg 91 If an individual requests to speak with an attorney or indicates at any time that he does not wish to be interrogated all questioning must 98 pg 90 According to the Miranda decision statements obtained during custodial interrogation where questions are asked are inadmissible unless the defendant knowingly and intelligently waives his rights 99 pg 94 What are the two elements that define custodial interrogation a b O 10 pg 94 The Miranda case was a protective measure and was not considered to be a right 101 pg 96 Give an example of the Behler Admonition a 102 pg 96 If officers use the Behler admonition they are effectively engaging in a interrogation and not a interrogation Miranda is not necessary 103 pg 98 What are 5 circumstances when Miranda is not required e 104 pg 99 v United States 2000 made Miranda a constitutional issue that Congress cannot supersede legislatively using Section 3501 105 pg 100 State Grounds means that a state39s legislature may enact laws providing greater protection forjuveniles than the minimum required Miranda by the Constitution and the Supreme Court39s interpretation of it 2532 Chapter 6 10061010 Miranda Its Meaning and Application 106 pg 100 adult laws require the advisement andor consent of any waiver of Fifth and Sixth Amendment rights by some adult having a concern in the minor39s welfare What are some examples of people that fit this role C 107 pg 101 In v Alvarado 2004 the US Supreme Court ruled that age and inexperience with the justice system are not factors to be considered with Miranda 108 pg 101 Describe the procedures that federal law enforcement officers must follow when taking a juvenile into custody 2632 2732 Chapter 7 1011010 Booking and Jail Custody Procedures Chapter 7 10132010 Booking and Jail Custody Procedures 109 pg 107 What are the two aspects of custody a b 110 pg 108 The following four procedures are performed during the booking process c d 111 pg 108 The receiving or booking officer should verify that the documents that request or command detention or confinement are 112 pg 109 A should be conducted by the arresting officer to ensure the person is not suffering from any injury mental illness drug overdose or intoxication or other conditions that might require medication or treatment 113 Describe the meaning of each colored uniform for the Rutherford County Jail a Green b Blue c Red d GreenWhite Striped 114 pg 109 After booking the detainee is allowed a call which may not be monitored eavesdropped upon or recorded 115 Who may the detainee attempt to contact after booking 2832 Chapter 7 1012010 Booking and Jail Custody Procedures 116 pg 110 When allowing the phone calls a peace officer suggest the name of any particular lawyer or bail bond person to call 117 pg 110 What are three types of persons that must be granted visitation rights to detainees on demand C 118 pg 111 What are two options which avoid further detention after arrest and reduce overcrowding a b 119 pg 111112 What are four classification considerations when separating inmates a b c d 120 pg 113 Metal detector searches and patsearches are searches 121 pg 113 Strip and body cavity searches are searches 122 pg 114 State penal codes provide for criminal penalties for any peace officer who mistreats a prisoner Mistreatment usually includes the following c d 123 pg 115 including peace officers is allowed to bring weapons into a prison 2932 Important Court Cases amp Rulings Important Court Cases amp Rulings Weeks v United States 1914 Weeks was suspected of being involved in illegal lottery gambling While at work police entered Weeks39 residence without a warrant twice and found incriminating evidence Weeks was charged and convicted in federal courts but the decision was later reversed by the US Supreme Court who held that officers illegally obtained evidence by violating the defendant39s constitutional rights Wolf v Colorado 1949 Local police arrested Dr Wolf and charged him with conspiring to perform an abortion after illegally searching his office and taking his appointment book in violation of Colorado39s own exclusionary rule Wolf was convicted and sentenced to prison by the trial judge and was later upheld by the Colorado Supreme Court The Supreme Court ruled that the federal exclusionary rule did not automatically apply to individual states this was later reversed by Mapp v Ohio 1961 Mapp v Ohio 1961 Local police received a tip that a bombing suspect was hiding out near Mapp39s residence but were turned away by Mapp because they did not have a warrant Police returned later the same day and held up a piece of paper claiming it was a warrant when actually it was not Officers searched the Mapp39s residence and found pornography as well as gambling material Mapp was arrested and charged with a misdemeanor gambling material and a felony pornography The bombing suspect was found next door to Mapp Trial judge denied a motion to suppress the illegallyobtained evidence and the Ohio Supreme Court upheld the lower court39s ruling The US Supreme Court ruled that the Fourth Amendment39s right of privacy has been declared enforceable against the States through the Due Process Clause therefore making the 3032 Important Court Cases amp Rulings exclusionary rule applicable to individual States they reversed the lower court rulings against Ms Mapp VWIIiams39 Christian Burial Speech 0 Police suspected Robert Williams of kidnapping a little girl 0 Police were advised not to illicit any information from Williams by his attorney 0 Police found parts of the girl39s clothing and search teams were closing in on the location of the girl39s body but Williams was slyly coerced into telling the officers where the little girl39s body was located while driving back to Des Moines Iowa 0 Williams was charged and convicted of 1st degree murder and was affirmed by the Iowa Supreme Court 0 Iowa Supreme Court held that the child39s body would inevitably have been found by lawful activity of the search party before its condition had materially changed thus the exception to the exclusionary rule known as inevitable discovery was created Nix v Williams 1984 0 Robert Williams39 prosecutor was not satisfied and took the case to the Supreme Court 0 The Supreme Court ruled upheld the inevitable discovery exception to the exclusionary rule and applied to to all states not just the federal government 0 This case illustrates an exception to the Terry v Ohio 1968 0 An officer noticed 2 men taking turns walking by and peering into a store 0 The 2 men met up with another man 2 blocks from the store at which time the officer stepped in and asked the 3 men their names The officer pat searched all 3 of the men and found guns on 2 of them At trial the judge ruled that it was okay to pat search them because the officer had reasonable suspicion that the subjects were about to commit a crime The US Supreme Court affirmed the lower court39s decisions 3132 Important Court Cases amp Rulings o This rule became known as the Terry frisk or stopandfrisk McNabb v United States 1943 o PreMiranda case dealing with custodial interrogation o McNabb brothers were convicted of killing a federal revenue agent during a raid on their family39s still in the mountains near Chattanooga TN 0 After arrest they were confined to a strip cell for more than 14 hours then interrogated continuously over the next two days until they confessed US Supreme Court refused to establish precedent on custodial interrogation and instead used the federal arraignment rule Rule 5a to overturn the convictions Mallory v United States 1957 o PreMiranda case dealing with custodial interrogation o Mallory a man of limited intelligence was arrested and convicted in Washington DC on a charge of rape Mallory was interrogated by police for more than 10 hours before confessing US Supreme Court refused to establish precedent on custodial interrogation and instead used the federal arraignment rule Rule 5a to overturn the conviction Escobedo v Illinois 1964 o PreMiranda case dealing with right to counsel and custodial interrogation o Escobedo was arrested for shooting his brother and initially released on habeus corpus Escobedo was rearrested and then requested the assistance of counsel but was denied The US Supreme Court ruled that his 6 h and 14 h Amendments had been violated thus his confession was inadmissible Thompson v Keohane 1995 o This case outlines an objective test to determine whether a person is llin custody
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