An illegally conducted lineup does not invalidate later identifications resulting from an independent source. Officer Farrell has recently been assigned to conduct an identification procedure for a murder case. Please sign in to share these flashcards. It includes the punishment of people who violate these laws, A body of rules that delineate private rights and remedies, and govern disputes between individuals in such areas as contracts, property, and Family Law; distinct from criminal or public law, searches made by law enforcement officers based on the consent of the individual whose person or property is being searched, an act of reason and deliberation, a person who possesses and exercises sufficient mental capacity to make an intelligent decision demonstrates this action by performing an act recommended by another, Occurs when a police officer approaches you and engages you in conversation, but you remain free not to answer and to walk away. The judge is the only person who can remove him or herself from a case due to partiality or bias. A court would like to admit the stress hormone detection evidence against every single defendant. On StuDocu you find all the study guides, past exams and lecture notes for this course ... Criminal proceedure notes final New. Venire is a list of potential jurors, must be a general cross section of the community. 1) To impeach defendant’s credibility if takes witness stand (If obtained involuntarily then cant be used for this purpose). Sarah and Phillip were witnesses in a shooting that took place in a shopping mall. Which term is used to refer to a witness's ability to recall events and communicate those events effectively? Terrence is a police officer who is indicted for voluntary manslaughter when an unarmed juvenile dies in police custody. Transcriptions of oral statements made by the defendant. The stress hormone levels coming from Yoko’s building are consistent with residents being worried about detection by the police. The tracker marks Ringo going to Yoko’s house on ten different times over the course of two days. Ben has been charged with assault. Which term aptly describes Mathew's plea? A(n) ________ is a lineup procedure in which the investigator conducting the identification procedure does not know the identity of the suspect. Flashcards. When has the protection against double jeopardy been waived? Which is Marcie most likely to experience next? The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment. As a result, the recording can come in against every single defendant. The accused has a history of intimidating prospective witnesses. 6th amendment provides that “in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witness against him, cross-examine, be physically present, physically face witness at trial, and know identity of prosecution witness. Please select the correct language below. She claims that she witnessed the defendant put something into the victim's drink and then later saw the defendant forcing himself on the victim in a room at the house party they were all at. Tanya was convicted in a case of embezzlement. It determined that a plea bargain is valid in the event that the prosecutor offers a greater sentence if/when the defendant rejects the initial bargain. Examples are do you know anything about the case, do you have any personal beliefs against alcohol or drugs, things that would be biased. Final Exam in Criminal Procedure (Advanced) Professor Pamela Karlan. Which defendant or defendants will the court likely admit this evidence against? It involves informing the accused of the reason he or she is being detained if it is a felony case. The right to an impartial jury stems from which constitutional amendment? Which of the following terms best describes the court's actions in this scenario? When the suspect is in custodial interrogation, Define “functional equivalent of an interrogation”, An instance where no questions are asked by the police, but the situation is so conducive to making a statement. Voir-dire is questioning potential jurors to determine their bias. Her release was based on a signed agreement to ensure that she would be present in court on the day of the hearing. A probable cause hearing is set up to determine the reasonableness of his arrest. In order for defense counsel to be considered "effective" according to the Sixth Amendment, which must be true? STUDY. It is unclear from the facts if that This permits the admission of "expert testimony" pertaining to specialized knowledge that will assist in undertanding evidence or determaining facts in issue. Match. Only $2.99/month Counsel makes sure the procedure is fair – Supreme Court has not set any guidelines for what they can and cant do, Right to council during pretrial identification procedures, Right to counsel primarily applies mainly to lineups and show ups not other procedures such as breath tests and ballistic test. 6th Amendment, Treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit 5th Amendment (Due Process), Equal protection, conduct which violates court rules or ethical standards of law practice, Exculpatory evidence (Failing to disclose evidence that might tend exonerate the defendant) Threatening, badgering or tampering with witnesses Presenting false or misleading 14th Amendment (Due Process, A standard of proof used in criminal trials.When a criminal defendant is prosecuted, the prosecutor must prove the defendant's guilt Beyond a Reasonable Doubt. Which Supreme Court case most closely relates to the right to an impartial judge? Plain view can come into play, The officer must have probable cause to search a vehicle without consent. Superseded the fryer doctrine in federal cases and are more liberal in admissibility of evidence. Matthew was charged with first-degree murder, but pled guilty to second-degree murder since the evidence presented by the prosecution linked him to the crime. The police use this handwriting sample to compare it to the handwriting of one of the masterminds of the cheating ring. He or she must ensure that the client understands the consequences of the plea bargain. Which of the following methods of pretrial release is illustrated in this scenario? He wants to complete the identification procedure before proceeding to a trial. The right to a jury trial applies in which of the following? The lawyers on both sides decide what jurors they want based on their behaviors. A petty offense is any offense where you can get 6 months or less. Which four elements are used to determine if a defendant's right to a speedy trial has been violated? ensuring that all the lineup participants have the same physical build. he court rejects the terms on which the prosecution and defense settled. Introducing Cram Folders! Which was deemed constitutional to obtain from arrestees at booking, as determined by Maryland v. King (2013)? Which is an example of ad hoc plea bargaining? When the defense cross examines, they ask Allen about his whereabouts the night of the murder and point out that he was on his way home from a bar and was likely intoxicated when he thinks he saw the defendant. It regulates social conduct and prescribes whatever is threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. Nathan is arrested and accused of homicide. Was the admission or confession voluntary? Ringo can exclude this evidence , but no other defendant has standing to exclude this evidence. A hair stylist is charged with assault and battery for getting into a verbal altercation with a customer, threatening to cut the customer, and then cutting the customer's hair very short and intentionally lopsided. In SC, the judge asks the questions given by the lawyers. Charles pled guilty to the rape and murder of a young girl. Conversely, if the jurors or judge have no doubt as to the defendant's guilt, or if their only doubts are unreasonable doubts, then the prosecutor has proven the defendant's guilt beyond a reasonable doubt and the defendant should be pronounced guilty. John is a witness in a case of homicide. In which situation must the Miranda warnings be given? However, he requires another officer to carry out the lineup with him. Approximately ________ percent of criminal convictions in the United States result from plea bargaining. Municipality will be held liable if the unconstitutional action taken by the employee is caused by a municipal policy or custom, written or unwritten. Which is true of challenges for cause, with respect to the voir dire process? On making an inquiry, the court discovered that Liam claimed that he had not committed the crime with which he was charged. We'll bring you back here when you are done. the defendant is often dressed in clothing that makes him or her appear guilty (i.e., jail uniform). the hearing must take place within 48 hours of the arrest. He was sentenced and then tried to appeal that the wifes identification was inadmissible because of the institution that he was the only african american guy. Which situation would most accurately illustrate a case of tainted evidence? Terrence accepts a plea deal. Find out how you can intelligently organize your Flashcards. ... Criminal Procedure Exam Answer Templates. When does an individual have a right to a jury? They can stop you and get your fingerprints, but they have to take it in a reasonable manner.Fingerprints, handwriting, voice prints are not protected from the government. None Pages: 87 year: 2018/2019. The suspect required transportation from the precinct to another facility during a winter snow storm and non-emergency vehicles were instructed to stay off the roads. A court would like to admit against Yoko her looking away, and her silence, during police questioning. The police officer asks Janine to confirm if the man she just saw was the same person responsible for the robbery. If the defendant pleads guilty to a crime he or she did not commit. The prosecution offers him a plea deal that will result in 90 days in jail and 2 years of supervised probation if he cooperates and provides information on a higher level drug dealer. The charges are filed before the bargaining begins. In which way does a nolo contendere plea differ from a guilty plea? It allows the prosecution to ʺovercharge". The court must advise the defendant that it is not required to follow the terms of the plea deal and give the defendant an opportunity to withdraw the plea. This process by which the defense gains information about the evidence that the prosecution will present is called ________. The police then arrest Yoko, Mirandize her, and demand that she sign a form indicating that she understands her Miranda rights. Officer Rawlings is on street patrol Tuesday night and makes an arrest of a mid-level drug dealer. Biggers was in a "show up" that was just him and police had him say phrases that Margaret heard the attacker say and was sure it was him. Which is an argument against plea bargaining? Conversoation between officers while suspect is in custody in police cruiser, about scene did not constitute intterogation, even though suspect may hear. One example is the religion privilege- example of which catholic confession or priest confession, they cannot be forced to tell the poice about the persons confession. Which of the following accurately describes this type of investigation? If a defendant is charged with a crime that requires imprisonment of six months or fewer, the ___________ to a jury trial is applicable. He may be required to testify against his codefendants. James is accused in the abduction of a 12-year-old girl. MLL218 week 1 - mll 218 week 1 New. Under which of the following elements can the court deem the guilty plea invalid? Gravity. 1. ________ is a term used to describe some of the strange concessions that defendants agree to make as part of prosecutors' decisions to secure guilty pleas.

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