What justification stems from the ancient legal saying “there is no right without a remedy”?

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Terms in this set (53)

· What is the part of a trial in which the government presents its evidence to prove the defendant's guilt?

case in chief

· Justification of the exclusionary rule is based on which of the following?

o constitutional rights, deterring officers from breaking laws, and preservation of judicial integrity

· According to empirical research, what type of crime is virtually unaffected by the exclusionary rule?

o both violent crime and serious property crime

· What rule is a protective procedure against violations of constitutional rights?

a prophylactic rule

· What exception allows the use of illegally obtained evidence in nontrial proceedings?

collateral use exception

· What justification stems from the ancient legal saying "There is no right without a remedy"?

constitution right

· The exclusionary rule applies to all of the following, except:

o cross-examination of the defendant.

· The good-faith exception is what type of standard?

subjective

· What case expanded the good-faith exception to include reliance personnel other than law enforcement officers?

herring vs us

· U.S. v. Moscatiello (1985) created what exception to the exclusionary rule?

independent source proceedings

· SCOTUS has ruled that the exclusionary rule does not apply:

collateral proceedings

· The 1961 case that reversed Wolf v. Colorado and made the states follow the exclusionary rule was:

mapp v ohio

· U.S. v. Leon (1984) created the:

good faith exception

· SCOTUS created the exclusionary rule in what landmark 1914 decision?

week v us

· Which doctrine holds that illegally seized evidence can be introduced at trial, if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?

the attention exception

· According to SCOTUS, there is an exception to the no-duty-to-protect rule called the special-relationship exception. That special relationship is:

custody

· SCOTUS has put which of the following limitations on § 1983 actions?

o They can only be brought for deliberate acts.

· Which case allowed the right to counsel for "indigents" for felonies?

gideon v wainright

· How do victims of government violations of individuals' constitutional rights sue for damages?

o By becoming plaintiffs of a civil action

· Prosecutors enjoy different types of immunity, depending on the type of action they are engaged in at the time of the misconduct. What is this type of immunity called?

o Functional immunity

· Which legal doctrine prohibits people from suing the government without its consent?

o Sovereign immunity

· Police officers and government agencies cannot be sued for failing to stop private people from inflicting injuries on others. This is known as the:

o no-affirmative-duty-to-protect rule.

· Victims of unconstitutional conduct by police officers can bring civil actions to collect damages for injuries suffered. Who can the victims sue for damages?

any or all can be sued

· The major objection to internal review of police misconduct is that:

o The police should not be policing themselves

· When the government takes people into custody against their will, the government:

o must protect them, because a special relationship has been created with the people in custody, who cannot protect themselves.

· Internal review consists of four consecutive stages: intake, investigation, deliberation, and:

disposition

· All of the following are stages of internal review, except:

arbitration

· Trials without juries, in which judges decide the facts, are called:

bench trials

· You not only have the right to counsel, but also the right to:

effective counsel

· The right to counsel attaches:

o when the government files formal charges against the defendant.

· What is the term used to describe lawyers willing to represent their clients at no charge?

counsel pro bono

· A judge can order prevention detention after deciding that the defendant either won't appear or is a threat to public safety. What level of proof is required in this situation?

o Clear and convincing evidence

· Under privately administered bail bonds, bail bondsmen or bondswomen usually charge what percentage of the amount of the bond that they turn over to the courts?

10%

· According to the moral seriousness standard, the Sixth Amendment right to a jury trial extends to crimes that:

o Are morally serious and can lead to jail time

· What is the instruction that tells jurors they can infer that the witness's testimony would have been unfavorable to the prosecution?

missing witness instruction

· Hearsay violates the confrontation clause because:

o the defendant can't cross-examine the witnesses against them.

· Which court case ruled that the U.S. Sentencing Guidelines are advisory, but that they enjoy the presumption of reasonableness?

us v booker

· What is necessary for individual defendants to overturn a death sentence based on race?

o Defendants have to prove that their case was infected by racial views.

· The Sixth Amendment confrontation clause:

o guarantees the defense the right to cross-examine the government's witnesses.

· According to SCOTUS in North Carolina v. Alford, which is true regarding a plea of guilty?

o To pass constitutional muster, a guilty plea must be voluntary and intelligent.

writ of certiorari

o is a discretionary writ, which allows SCOTUS to either agree or not agree to hear and decide a case.

· Defendants have the right under the Sixth Amendment to force witnesses to come to court to testify for them. This is called:

compulsory process

· The process of picking the actual jurors by questioning the pool of potential jurors is called the:

voir dire

· Defendants who plead guilty give up all of the following rights, except:

o Right to an attorney

· Which type of criminal justice professional usually opposes plea bargaining?

police officers

· Prosecutors and defense attorneys can remove potential jurors without having a reason using the:

peremptory challenge

· According to the raise-or-waive doctrine, a defendant must make objections at trial in order to preserve those issues for appeal. What doctrine is this?

o Judicial economy

· What principle states that a punishment is cruel and unusual if its harshness is grossly disproportionate to the gravity of the offense?

proportionality

· All of the following are sentencing models except

police sentencing

What approach by SCOTUS leaves sentencing decisions to trial judges' discretionary judgement

hands off approach

· What doctrine says defendants have to raise their objections at trial, and they give up their right to appeal if they do not?

raise or waive

· What sentencing scheme gives primary sentencing authority to legislators?

determinate sentencing

· Which of the following offenders is most likely to receive the death penalty?

o Blacks who kill whites

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