A. What are the five functions of courts for society?
The first function is dispute processing forums. This forum sets a location for where
the conflicts can be processed. The second function is to allocate benefits and
burdens for society, wh
THE CRIME SCENE AND ITS ASSOCIATED
During the 1960s, the United States Supreme Court handed
down decisions that places restrictions on the
circumstances under which the police could interrogate
persons suspected of having committed crimes. A su
A. What are the four factors that judges weigh to determine if the constitutional right to a speedy
trial has been violated (from BARKER V. WINGO)?
The four factors that judges weigh are the length of delay, the reason for the delay, whether
A. What is the difference between an alternative to the exclusionary rule and
an exception to the exclusionary rule? What are two examples of each?
a. An exception to the exclusionary rule would count as the occurrence of a
violation of the f
A. According to the Lopez article, what are the four harms caused by
contempt of cop or cover arrests?
The first harm caused by a contempt of cop arrest is that the proper surveillance
to exonerate the defendant is not present; therefore, the
A. What right was at issue in the OSBORNE case?
The right at issue in the Osborne case is in the 14th amendment, it is the right to due
process after Mr. Osborne was denied post conviction access to the evidence at hand.
Mr. Osborne wanted t
A. What rules about stop-and-frisk searches emerge from TERRY V. OHIO,
ILLINOIS V. WARDLOW and FLORIDA V. J.L.?
It was found in Terry v Ohio that through police officers right to stop and frisk
individuals, they seize that individual and the
A. What was the holding/rule in DUCKWORTH V. EAGAN?
The holding was that the police officers words were sufficient for the supreme court to
decide the it met the requirements of the Miranda Warnings and the U.S Constitution.
The Supreme cour
Lewis vs. United States (1996)
Facts: Ray Lewis, a mail handler for the United States Postal Service, was observed
opening several pieces of mail and pocketing the contents. Subsequently, Lewis was
charged with two counts of obstructing the mai
A group of objects or persons with characteristic physical
evidence common to it is termed Aclass@. Examples
include soil and hair. Evidence with individual
characteristics can be identified as having originated with a
particular person or source. Individ
The Investigator As A Witness
The role of the investigator as a witness is to present first-hand knowledge of facts to the jury for its
consideration. The investigator must thus inform the jury of those matters that were investigated pertaining
to the cas
Rules of Evidence
Rules of Evidence A criminal investigator must know the rules of evidence because upon that persons
shoulders falls the responsibility to collect and preserve evidence that will be useful to the prosecutor in
presenting the states case
selective incorporation (Chap. 1)2
exclusionary rule (Chap. 4)11
4th amendment (Chaps. 3, 5, & 6)49
self-incrimination & confessions (Chap. 7) 16
right to counsel (Chap. 8)23
The following cases will appear on the exam BY NAME (some ca
Exam #1 Review
CJ 275-Criminal Procedure
Characteristics of Criminal Justice System/Process
o Police get to decide what to do
o Not every case has a trial
o Relationships between police, lawyers and judges de
Arraignment- Preliminary court proceeding in which charges are formally read to a
defendant and the defendant enters an initial plea
Arrest-The exercise of law enforcement officers authority to take a person into custody
and begin processing him
Criminal procedure exam 3
United states v. Leon (1984)- Good faith AND reasonable
Arizona v. Evans (1995) reliance on incorrect court records
Herring v. United states (2009) reliance on incorrect record in computer system of another
Miranda v Arizona
held that both inculpatory and exculpatory statements
made in response to interrogation by a defendant in police
custody will be admissible at trial only if the prosecution
can show that the defendant was informed of the right to
if there is a conflict btwn the US constitutional
provision and a state constitutional provision, the
US is invalid.
whipe type of law is created by a local
why type of law is created by a legislative body?
in a civil case, the standard of proof is:
preponderance of evidence
in a criminal case, the burden of proof is on the
regarding the recovery of attorney's fees in a civil
case, each party is responsible for paying their