Criminal Justice: Qualified Immunity and Reasonable Expectation

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Questions and Answers

What is the primary purpose of redirect examination?

To re-question the witness on a new subject

To minimize any damage done to the party's case by the cross examination (correct)

To attack the credibility of the witness

To question the witness who was not called by the attorney

What is the measure of how related the evidence is to the issue being tried?

Relevance (correct)

Materiality

Admissibility

Reliability

What is the term for a power, privilege, or immunity granted to a person by law or constitution?

Right and remedy

Right (correct)

Power

Remedy

What is the scope of a search warrant?

The area in which that search takes place and the limitations on what can be searched for Signup and view all the answers

What is the term for the act of taking possession of a person or property?

Seizure Signup and view all the answers

What is the term for the functional equivalent of an arrest for, among other things, the giving of Miranda warnings?

Significant deprivation of freedom of movement Signup and view all the answers

What is the term for the right to assistance of an attorney for defense to a criminal charge?

Sixth Amendment Signup and view all the answers

What is the term for having been sufficiently injured by an action to have some stake in the outcome of the decision?

Standing Signup and view all the answers

What is the term for the written order of a court authorizing the officer serving it to search the areas named for the evidence and contraband described?

Search warrant Signup and view all the answers

What is the term for a person unaffected by an alleged tort has no standing to start a lawsuit?

Lack of standing Signup and view all the answers

What is the primary purpose of qualified immunity?

To prevent civil suits from taking place against police officers Signup and view all the answers

What is an eyewitness identification considered suggestive if?

The suspect stands out in some way in a lineup or photo spread Signup and view all the answers

What is the minimum amount of information required to justify a stop and detain or a frisk?

Reasonable suspicion Signup and view all the answers

What is the primary difference between reasonable suspicion for a detention and reasonable suspicion for a frisk?

The presence of a weapon Signup and view all the answers

What is the purpose of a suppression hearing?

To prevent the introduction of evidence alleged to be illegally obtained Signup and view all the answers

What is the purpose of re-cross examination in a legal action?

To re-question a witness by the lawyer for the opposing party Signup and view all the answers

What is a suspect in the context of a crime?

A person suspected or believed to be involved in a crime who has not yet been charged Signup and view all the answers

What is taken under advisement?

A response to an application for a warrant when there is insufficient information Signup and view all the answers

What is the difference between qualified immunity and absolute immunity?

Qualified immunity is a complete bar to civil litigation, while absolute immunity is not Signup and view all the answers

What is the purpose of a voir dire?

To establish the competency of a witness to testify Signup and view all the answers

What is the 'reasonable expectation of privacy' related to?

The amount of privacy considered appropriate by society Signup and view all the answers

What is a technical arrest?

An arrest where there is a Fourth Amendment seizure of the person, but no one is actually taken into custody Signup and view all the answers

What is the significance of the totality of the circumstances?

It refers to the facts and circumstances surrounding an incident Signup and view all the answers

What is a true bill?

A finding by a grand jury that probable cause exists Signup and view all the answers

What is the purpose of the twenty-four hour rule?

To ensure that a suspect is released after twenty-four hours if no arrest warrant has been issued Signup and view all the answers

What is the significance of the vehicle identification number (VIN)?

It is a unique number attached to a motor vehicle to provide positive identification Signup and view all the answers

What is the purpose of providing a schedule in a prison system?

To assure general equal access and aid in adjusting access by behavior Signup and view all the answers

Why are some prison systems eliminating bodybuilding equipment from recreational programs?

It is not specified in the text Signup and view all the answers

What is the result of prisoners making educational advances while incarcerated?

The least recidivism Signup and view all the answers

What is the purpose of providing a copy of the rules and regulations to inmates/detainees?

To ensure they understand the rules and regulations Signup and view all the answers

What is a recommended element of a grievance procedure?

A clearly stated ban on staff member delays or diversions of grievance reports Signup and view all the answers

What is a common sense precaution for minimizing liability in a correctional facility?

Documenting any use of force or inmate injuries Signup and view all the answers

What is the purpose of the writ of Habeas corpus?

Not mentioned in the text Signup and view all the answers

What is the limitation on prisoners' freedom of speech?

It is limited, especially regarding contact with media Signup and view all the answers

What is the basis for prisoners' right to petition facility administration?

First Amendment Signup and view all the answers

What is required for searches or seizures of prisoners' persons and effects?

Written procedure of the facility Signup and view all the answers

What is the limitation on prisoners' right not to be witnesses against themselves?

It is limited in internal matters Signup and view all the answers

What is the condition for the right to counsel in internal matters?

It is not guaranteed in internal matters Signup and view all the answers

What is the requirement for providing medical attention to prisoners?

It must be provided as deemed necessary by the sheriff or other jail official Signup and view all the answers

What is the purpose of separating prisoners by age, sex, and type of offense?

To ensure security and prevent mingling of different groups Signup and view all the answers

What is the purpose of providing recreation or activities to prisoners?

To prevent overwhelming idleness Signup and view all the answers

What is the restriction on prisoners' telephone use?

It is allowed for contact with others, but screening of calls is appropriate Signup and view all the answers

Study Notes

Immunity and Privacy

Qualified immunity: granted to police officers whose actions were reasonable and not in violation of Constitutional Law
Reasonable expectation of privacy: the amount of privacy considered appropriate by society, as reflected in the law
Reasonable suspicion: facts and circumstances that would lead a reasonable person to suspect something, less than probable cause, but more than a mere hunch or mere suspicion

Legal Proceedings

Re-cross examination: the re-questioning of a witness by the lawyer for the opposing party in a legal action
Redirect examination: the re-questioning of a witness by the attorney who called the witness, used to minimize damage to the party's case
Relevance: measure of how related the evidence is to the issue being tried, evidence is relevant if it "sheds light" on the issue
Reliability: measure of how dependable a piece of evidence is
Remedy: action that can be taken in response to a private wrong

Search and Seizure

Search: the examination of a person or area to discover evidence, contraband, or weapons
Search incident to arrest: a search made at the same time as a legal custodial arrest
Search warrant: a written order of a court authorizing an officer to search and seize property or persons
Search warrant affidavit: a sworn document stating the probable cause for a search

Arrest and Detention

Stop and detain: a temporary restraint of a person's liberty, also known as investigative detention
Arrest: the taking of a person into custody, in response to a criminal charge
Technical arrest: an arrest, such as in a traffic stop, where there is a Fourth Amendment seizure of the person, but no one is actually taken into custody
Seizure: the act of taking possession of a person or property

Trials and Evidence

Trial: a judicial proceeding in which the facts of a civil or criminal action are heard by a judge and/or jury
Testimonial evidence: evidence presented in the form of words, usually in spoken form by a witness
Weight of evidence: the significance of the evidence in determining if the issue is proven or not, including credibility and corroborative or cumulative value

Constitutional Rights

Sixth Amendment: establishes the right to assistance of an attorney for defense to a criminal charge
Right against self-incrimination: the right not to be a witness against oneself
Right to be informed of the accusation: the right to be informed of the charges against oneself
Right to counsel: the right to legal representation

Prisoner Rights

Rights guaranteed to prisoners: free exercise of religion, freedom of speech, freedom from unreasonable searches or seizures, and others
Privileges commonly granted to prisoners: telephone use, visitation, recreation, commissary access, library services, educational opportunities, and others
Policy procedures for rights and privileges: issue a copy of the rules and regulations to the inmate, provide an interpreter if needed, document that inmates understand the rules and regulations
Grievance procedure elements: easily understood grievance forms, policy allowing all inmates to report grievances, ban on staff member delays or diversions of grievance reports, reasonable investigation of all grievances

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Description

Learn about the concept of qualified immunity in criminal justice, which protects police officers from civil suits when their actions are reasonable and not in violation of Constitutional Law. Explore the difference between qualified immunity and absolute immunity.