Chat Rights of the Criminal Accused
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Questions and Answers

What percentage of their sentence must the average prisoner serve before being eligible for parole?

  • 85% (correct)
  • 90%
  • 75%
  • 80%

Drug-related offenses are the least common type of crime addressed by truth-in-sentencing laws.

False (B)

What does double jeopardy refer to?

  • You cannot testify in a criminal case.
  • You cannot appeal a criminal conviction.
  • You cannot refuse to testify.
  • You cannot be tried for the same offense twice. (correct)

What is the primary focus of many justice systems regarding incarceration?

<p>Punishment</p> Signup and view all the answers

Immunity allows an individual to be prosecuted even if they provide truthful testimony.

<p>False (B)</p> Signup and view all the answers

Incarceration is often viewed as the most effective way to ensure ______ and public safety.

<p>justice</p> Signup and view all the answers

What is attorney-client privilege?

<p>A legal principle preventing attorneys from testifying about confidential communications with their clients.</p> Signup and view all the answers

What is a major concern regarding transferring prisoners to jail?

<p>Combining inmates from different populations (B)</p> Signup and view all the answers

In criminal cases, your spouse cannot be forced to testify against you due to _____ privilege.

<p>spousal</p> Signup and view all the answers

Incarceration primarily serves as a deterrent for offenders and potential offenders.

<p>True (A)</p> Signup and view all the answers

Match the following legal concepts with their descriptions:

<p>Double Jeopardy = Protection from being tried for the same offense twice Immunity = Agreement eliminating criminal prosecution risk in exchange for cooperation Attorney-client privilege = Protection of client communications from being disclosed in court Spousal privilege = Protection preventing spouses from testifying against each other</p> Signup and view all the answers

Match the following terms with their descriptions:

<p>Truth-in-Sentencing Laws = Require serving a specific percentage of a sentence before parole Jails = Facilities for shorter-term stays with less security compared to prisons Prisons = Facilities for longer-term offenders typically serving serious sentences Overcrowding = A common issue affecting both jails and prisons</p> Signup and view all the answers

Which of the following scenarios does not qualify as an instance where confidentiality might be invoked to prevent testimony?

<p>Chatting with a neighbor (B)</p> Signup and view all the answers

What is the average rate of escapes from county or city jails?

<p>80%</p> Signup and view all the answers

Immunity is applicable in both civil and criminal cases.

<p>False (B)</p> Signup and view all the answers

Under what condition can the immunity deal be voided?

<p>If the individual lies under immunity.</p> Signup and view all the answers

What amendment does the due process violation relate to in the initial case?

<p>14th Amendment (D)</p> Signup and view all the answers

SCOTUS established that physical coercion could be used to obtain a confession.

<p>False (B)</p> Signup and view all the answers

What did the SCOTUS ruling in Spano v. New York establish regarding psychological coercion?

<p>It is protected by the 14th Amendment's due process clause.</p> Signup and view all the answers

In the case of Spano v. New York, the suspect was denied access to his _______.

<p>attorney</p> Signup and view all the answers

Which case involved the issue of an individual refusing to testify against the mob?

<p>Malloy v. Hogan (A)</p> Signup and view all the answers

Match the following concepts with their definitions:

<p>Psychological coercion = Illegal manipulation to extract a confession Trickery = Using luck to gain a confession without manipulation Due process = Legal requirement that the state must respect all legal rights Self-incrimination = The act of implicating oneself in a crime</p> Signup and view all the answers

In the initial case, the only evidence was the confession signed under duress.

<p>True (A)</p> Signup and view all the answers

The treatment of helpless prisoners was described by SCOTUS as ________ behavior.

<p>medieval</p> Signup and view all the answers

Which of the following factors is associated with the increase in the women prison population?

<p>Longer sentences due to changes in laws (D)</p> Signup and view all the answers

Jails are generally considered more expensive than prisons.

<p>False (B)</p> Signup and view all the answers

What percentage of dependent children become the responsibility of the state when their mother is incarcerated?

<p>40%</p> Signup and view all the answers

The elderly prison population is costly due to ____ and ____ support.

<p>health care, insurance</p> Signup and view all the answers

Which demographic group is primarily responsible for a larger percentage of dependent children becoming state responsibilities when incarcerated?

<p>Women (A)</p> Signup and view all the answers

What is a major concern associated with overcrowded jails?

<p>Poor living conditions</p> Signup and view all the answers

Match the following demographic groups with their primary associated costs:

<p>Women Prison Population = Dependent children responsibilities Elderly Prison Population = Health care expenses Children of incarcerated parents = State dependency</p> Signup and view all the answers

The elderly prison population typically has a higher chance of parole compared to the general prison population.

<p>False (B)</p> Signup and view all the answers

What percentage of serial killers are estimated to be female?

<p>5% (C)</p> Signup and view all the answers

Most serial killers are known to be of any race without a specific trend.

<p>False (B)</p> Signup and view all the answers

What age range is most commonly associated with the onset of serial killing behavior?

<p>25-35</p> Signup and view all the answers

Herb Baumeister was known to prey on men from the __________ community.

<p>gay</p> Signup and view all the answers

Match the following characteristics of serial killers with their respective descriptions:

<p>Gender = Males are overrepresented in serial killing statistics Race = Disproportionately Caucasian Age = Most frequently begins between 25-35 Social Economic Status = A wide range including both wealthy and less affluent individuals</p> Signup and view all the answers

Which statement best describes the social economic status of serial killers?

<p>There is a wide range of social economic statuses among serial killers. (B)</p> Signup and view all the answers

Herb Baumeister's family was unaware of his criminal actions.

<p>True (A)</p> Signup and view all the answers

What was a common reason why police did not initially pursue investigations into Herb Baumeister?

<p>Lack of details and credibility of the report.</p> Signup and view all the answers

What is a common characteristic of a professional burglar?

<p>They are skilled and focus on large, lucrative jobs. (C)</p> Signup and view all the answers

Serial killers only have a minimum of three victims to be considered as such.

<p>False (B)</p> Signup and view all the answers

What was the fate of the individual who abducted and killed the daughter of a couple he worked for?

<p>Executed via electric chair</p> Signup and view all the answers

The unlawful entry of a structure in order to commit a felony or theft is known as _______.

<p>burglary</p> Signup and view all the answers

Why is it often difficult to track serial killers?

<p>DNA and evidence are often difficult to locate. (D)</p> Signup and view all the answers

Match the type of burglar with its description:

<p>Professional Burglar = Skilled and focuses on large jobs Known Burglar = Less organized and less successful than professionals</p> Signup and view all the answers

Prosecuting serial killers is usually inexpensive and straightforward.

<p>False (B)</p> Signup and view all the answers

What type of crimes does the term 'property offenses' encompass?

<p>Burglary through arson</p> Signup and view all the answers

Flashcards

Double Jeopardy

A legal protection against double prosecution for the same criminal offense. You cannot be tried twice for the same crime if you were acquitted in the first trial.

Immunity

An agreement between the government and an individual, where the individual agrees to provide truthful testimony in exchange for immunity from criminal prosecution for the specific crime under investigation.

Attorney-Client Privilege

A legal privilege that protects confidential communications with your lawyer. You can prevent your attorney from disclosing information you shared during legal advice seeking or providing.

Clergy-Penitent Privilege

This privilege protects confidential communications made between you and a religious leader (like a priest, pastor, rabbi, or imam). It applies when seeking spiritual guidance, confession, or counseling.

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Spousal Privilege

In criminal trials, your spouse cannot be compelled to testify against you. Their testimony can be declined to preserve the privacy of the marital relationship.

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Self-Incrimination

A legal concept that protects individuals from being compelled to testify against themselves in criminal cases.

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Exclusionary Rule

The legal principle that bars the use of evidence obtained illegally in a court of law.

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Right to Counsel

The constitutional right to legal representation in criminal cases. If you cannot afford an attorney, the government must provide one to you.

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Truth-in-Sentencing Laws

Laws requiring prisoners to serve a significant portion of their sentence before becoming eligible for parole. This typically involves serving at least 85% of the sentence.

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Due Process

A legal principle that ensures fairness in legal proceedings, protecting individuals from arbitrary or oppressive government actions.

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Transferring Prisoners to Jail

The practice of transferring prisoners from overcrowded prisons to local jails. This can reduce prison overcrowding but presents its own challenges.

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Drug Offenses and Truth-in-Sentencing

Drug-related offenses are the most common types of crimes subject to 'truth-in-sentencing' laws.

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Physical Coercion

The use of physical force or threats to obtain a confession from a suspect, considered a violation of due process and potentially the Fifth Amendment's self-incrimination clause.

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Incorporation

A legal principle that applies the provisions of the Bill of Rights to state and local governments, ensuring their compliance with the Constitution.

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Internal Security Concerns with Prisoner Transfers

Combining diverse populations (prisoners and jail inmates) within the same facility can create security concerns and logistical challenges.

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Differences in Inmate Populations (Prison vs. Jail)

Prison inmates typically have longer sentences for more severe crimes compared to jail inmates who may be serving shorter sentences for less serious offenses.

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Psychological Coercion

A legal concept that refers to the use of psychological pressure or manipulation to obtain a confession from a suspect, potentially violating due process.

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External Security Concerns with Prisoner Transfers

Jails are generally considered more secure than prisons, but escapes still happen.

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Spano v. New York

A legal case that established the concept of psychological coercion as a violation of due process. The Court found that prolonged interrogation, deprivation of basic needs, and denial of legal representation can cause psychological harm and lead to an involuntary confession.

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Malloy v. Hogan

A legal case where the Supreme Court incorporated the Fifth Amendment's self-incrimination clause to the states via the Fourteenth Amendment. This ruling clarified that the right to remain silent applies to state prosecutions as well.

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Escapes from County and City Jails

The high number of escapes from county and city jails highlights the potential risks associated with transferring prisoners.

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Overcrowding and Truth-in-Sentencing

Overcrowding and truth-in-sentencing laws are interconnected. Truth-in-sentencing can contribute to prison overcrowding as it increases the length of sentences.

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Psychological Coercion vs. Trickery

The difference between psychological coercion and trickery lies in the intent of the investigators. Psychological coercion implies deliberate manipulation to force a confession, while trickery can be unintentional or a result of legitimate investigative tactics.

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Mass Incarceration

The practice of keeping people in jail as a way to prevent crime. It's often used because it's seen as less risky politically and cheaper than other methods.

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Overcrowded Prisons

The number of people in jail is too high, leading to poor living conditions, safety risks, and health issues.

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High Incarceration Costs

High incarceration rates cost taxpayers a lot of money, diverting resources from programs that could prevent crime and help rehabilitate offenders.

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Public Health Risks in Jails

Overcrowded and unsanitary conditions in jails increase the spread of diseases, posing a threat to public health.

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Women's Prison Population Increase

The increasing number of women in prison. This trend is partly due to changes in laws, longer sentences, and increased enforcement of certain crimes.

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Elderly Prison Population Increase

The increasing number of elderly people in prison. This is due to longer sentences, less chance of parole, and changes in criminal justice laws.

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Dependent Children in Women's Prisons

A significant cost associated with the rise of the women's prison population is the increased burden on taxpayers for caring for dependent children.

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Healthcare Costs in Elderly Prisons

The elderly prison population requires more healthcare support and insurance, leading to higher costs.

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Burglary

A crime involving the unlawful entry of a structure with the intent to commit a felony or theft. This includes forcible entry, unlawful entry, or attempted forcible entry.

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Professional Burglars

Experienced and skilled criminals who specialize in burglary, focusing on larger targets and making a living through their crimes. They are well-organized and efficient.

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Known Burglars

Less organized and skilled burglars, often less successful than professionals. They are less sophisticated in their plans and execution.

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Arson

A crime in which a perpetrator illegally and intentionally sets fire to a structure or property, causing damage.

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Gender and Serial Killers

The majority of known serial killers are male, with a small percentage being female. This overrepresentation is consistent with male dominance in violent crime.

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Property Offense

A type of crime that involves actions directed against an individual or property, causing harm or damage. This includes acts such as robbery, assault, theft, and vandalism.

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Race and Serial Killing

While racial diversity exists among serial killers, Caucasian individuals are statistically overrepresented. However, the majority of victims tend to be of the same race as the killer.

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Age of Onset for Serial Killing

The most common age range for the onset of serial killing behavior is between 25 and 35 years old.

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Socioeconomic Status and Serial Killers

Serial killers come from diverse socioeconomic backgrounds, with no clear pattern of wealth or poverty. It's a misconception to assume they are all from privileged backgrounds.

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Herb Baumeister: A Case Study

The crime of Herb Baumeister demonstrates how the criminal behavior can be hidden, even with a seemingly normal family life. Baumeister was a wealthy individual who successfully concealed his murders for a long period.

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Law Enforcement and Delay in Investigation

Herb Baumeister's case highlights how even with initial reports and suspicious behavior, law enforcement can overlook potential crimes, leading to delayed investigation and a greater number of victims.

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Circumstantial Evidence in Serial Killer Cases

Circumstantial evidence, like bones discovered by family members, can play a crucial role in revealing a crime and holding the perpetrator accountable.

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The Scale of Serial Killing

A high number of victims in a case like Herb Baumeister's highlights the potential for serial killers to escape detection for extended periods, leading to a significant loss of life.

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Study Notes

Chat Rights of the Criminal Accused

  • The Bill of Rights was added to the US Constitution to protect the people from a strong central government.
  • It served as a compromise between Federalists and anti-Federalists.
  • The Bill of Rights originally only applied to the federal government.
  • The 14th Amendment extended these rights to state governments.
  • Selective Incorporation involves gradually applying parts of the Bill of Rights to state laws.

Selective Incorporation

  • Key facts in the 14th Amendment:
    • "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law."
  • States are also restricted from violating the due process of law to citizens.
  • The Supreme Court has gradually applied Bill of Rights clauses to state actions.

Protections Against Self-Incrimination

  • Fifth Amendment
    • "No person... shall be compelled in any criminal case to be a witness against himself..."
  • This prevents forced testimony that could incriminate the accused.
  • This does not apply to all situations.
  • There are exceptions, including voluntary confessions, civil cases, and situations where someone else is on trial.
  • Double jeopardy and immunity are also constitutionally protected under the Fifth Amendment.

Instances When Protections Against Self-Incrimination Don't Apply

  • Individuals are not protected when giving testimony before the court.
  • A party in a civil case cannot invoke the fifth amendment.
  • If another person is on trial, you have no protections in their case.
  • Instances where the person is being investigated, but not in a trial, also lose the protection.
  • Immunity is a legal process that eliminates the criminal jeopardy and protects against a subpoena in exchange for testimony.

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Description

This quiz explores the rights of criminally accused individuals under the Bill of Rights and their extensions through the 14th Amendment. It highlights key concepts such as selective incorporation and protections against self-incrimination. Test your knowledge on how these laws impact both federal and state jurisdictions.

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