Flashcards
CJ Final
Flashcards do conjunto (10)
- 1Has to do with plea bargaining in a kidnapping case. "The threat of the death penalty is not coercive if the guilty plea is made intelligently and willingly."Brady v. United States
- 2• decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizuresMapp v. Ohio
- 3• the court ruled that a state statute providing the state unlimited challenge for cause of jurors who might have any objection to the death penalty gave too much bias in favor of the prosecution.Witherspoon v. Illinois
- 4• police may not stop motorists without any reasonable suspicion to suspect crime or illegal activity, to check their driver's license and auto registration. • Officers must be held to a "probable cause" standard for searches, otherwise individuals would be subject to "unfettered governmental intrusion" each time they entered an automobile.Delaware v. Prouse
- 5• The Fourth Amendment prohibits the use of deadly force unless it is necessary to prevent the escape of a fleeing felon and the officer has probable cause to believe that the suspect poses a significant threat of violence to the officer or the community. The Tennessee statute was unconstitutional as far as it allowed deadly force to prevent the escape of an unarmed fleeing felon.Tennessee v. Garner
- 6• Batson, a black man, was on trial charged with second-degree burglary and receipt of stolen goods. During the jury selection, the prosecutor used his peremptory challenges to strike the four black persons on the venire, resulting in a jury composed of all whites. Batson was convicted on both of the charges against him. • " Without identifying a "neutral" reason why the four blacks should have been excluded from the jury, the prosecutor's actions were in violation of the Constitution.Batson v. Kentucky
- 7• Background: In 1998, the City of Indianapolis began to operate vehicle checkpoints in an effort to interdict unlawful drugs. At each roadblock, one office would conduct an open-view examination of the vehicle. At the same time, another office would walk a narcotics-detection dog around the vehicle. Each stop was to last five minutes or less, without reasonable suspicion or probable cause. • The Court held that because the checkpoint program's primary purpose was indistinguishable from the general interest in crime control, the checkpoints violated the Fourth Amendment. "We cannot sanction stops justified only by the generalized and ever-present possibility that interrogation and inspection may reveal that any given motorist has committed some crime," wrote Justice O'ConnorIndianapolis v. Edmond
- 8• The justices held that evidence seized on the basis of a mistakenly issued search warrant could be introduced at trial. • The exclusionary rule, argued the majority, is not a right but a remedy justified by its ability to deter illegal police conduct.US v. Leon
- 9• The Supreme Court held that the framers of the Constitution placed a high value on the right of the accused to have the means to put up a proper defense, and the state as well as federal courts must respect that right. • The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.Gideon v. Wainwright
- 10• the Court recalled that a police officer may seize contraband when it is in plain sight, and "its incriminating character is immediately apparent". It held that instances in which an officer uses the sense of sight to discover illegal goods are analogous to those involving the sense of touch. The Court also reasoned that the tactile detection of contraband during a lawful pat-down search does not constitute any further invasion of privacy, therefore warrantless seizure was permissible. • Note though that in this particular case, the officer did step over the Terry laws because that’s all about looking for weapons, not drugs.Minnesota v. Dickerson
Informações
- Descrição
- CJ FlashCards sobre CJ Final , criado por scottigeiger em 09-05-2014.
- Criado por
- scottigeiger
- Visualizações
- 31
- Tags
- Avaliação