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Questions and Answers
During the due process revolution of the 1960s, what was the primary focus of the courts?
During the due process revolution of the 1960s, what was the primary focus of the courts?
- Balancing the rights of the accused with the need for effective law enforcement.
- Streamlining legal proceedings to reduce court backlogs.
- Achieving swift and severe punishments for criminals.
- Prioritizing the rights of the accused over the outcome of the case. (correct)
The doctrine of Stare Decisis dictates that lower courts must adhere to precedents set by:
The doctrine of Stare Decisis dictates that lower courts must adhere to precedents set by:
- Legal scholars, incorporating academic insights into judicial decisions.
- The US Supreme Court, establishing a minimum national standard. (correct)
- International court rulings, promoting global legal uniformity.
- State laws, ensuring consistency within each state's legal system.
Which of the following scenarios best illustrates the concept of 'incorporation doctrine'?
Which of the following scenarios best illustrates the concept of 'incorporation doctrine'?
- A federal court defers to a state court's interpretation of its own constitution.
- The Supreme Court extends 6th Amendment right of counsel to state court proceedings. (correct)
- A state law is struck down because it conflicts with federal legislation.
- A suspect is tried twice for the same crime in different states.
A criminal investigation typically begins with which of the following sequences of events?
A criminal investigation typically begins with which of the following sequences of events?
Under what circumstances can a defendant be retried after a trial?
Under what circumstances can a defendant be retried after a trial?
To successfully make a claim under the Equal Protection Clause, what must be demonstrated?
To successfully make a claim under the Equal Protection Clause, what must be demonstrated?
A police officer observes illegal drugs in plain view inside a vehicle during a traffic stop. According to the Fourth Amendment, at what point does the observation potentially become an unlawful search?
A police officer observes illegal drugs in plain view inside a vehicle during a traffic stop. According to the Fourth Amendment, at what point does the observation potentially become an unlawful search?
What is the critical element that distinguishes a Fourth Amendment search from a non-protected observation?
What is the critical element that distinguishes a Fourth Amendment search from a non-protected observation?
Flashcards
Due Process Revolution
Due Process Revolution
A shift in legal focus towards prioritizing the rights of the accused (means) over the outcome of a case (results).
Doctrine of Stare Decisis
Doctrine of Stare Decisis
The legal principle where courts follow precedents set by previous rulings.
Precedent
Precedent
A previously decided case that serves as a guide for future similar cases.
4th Amendment
4th Amendment
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5th Amendment
5th Amendment
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6th Amendment
6th Amendment
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Incorporation Doctrine
Incorporation Doctrine
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Double Jeopardy
Double Jeopardy
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Study Notes
- Study notes for CRJ 252 cover Chapters 1, 2, 3, and 4.
Due Process Revolution & Shifting Trends
- The Due Process Revolution in the 1960s involved balancing results and means in the courts.
- The courts began to prioritize the rights of the accused (means) over punishment (results) during this revolution.
- Trends have been shifting towards prioritizing results more recently.
Doctrine of Stare Decisis & Precedent
- Courts are required to follow federal (Supreme Court) laws, not necessarily state laws.
- A precedent is a court's decision scholars use to understand and predict how similar cases will be ruled.
Constitutional Rights
- Key rights are guaranteed by the 4th, 5th, 6th, and 8th Amendments.
- The 4th Amendment protects against unreasonable search and seizure.
- The 5th Amendment grants the right to remain silent.
- The 6th Amendment grants the right to have counsel.
- The 8th Amendment protects against cruel and unusual punishment.
US Supreme Court & Constitutional Interpretation
- The US Supreme Court sets a minimum national standard when interpreting the US Constitution.
- All courts in America are bound by US Supreme Court rulings.
- States can grant more rights, but the Supreme Court rules the minimum rights guaranteed to citizens.
Parallel Rights & Incorporation Doctrine
- Parallel rights are similar between state laws and constitutional rights.
- The incorporation doctrine extends constitutional rights to state proceedings.
Criminal Investigations
- A criminal investigation starts with a crime being committed.
- Police are called to investigate and then provide their findings to the District Attorney (DA).
Double Jeopardy & Equal Protection
- Double jeopardy prevents someone from being tried more than once for the same crime in the same jurisdiction.
- If found not guilty, the case is over unless a mistrial allows for a retrial.
- An equal protection clause claim requires demonstrating discriminatory intent.
Police Searches & Definition of Search and Seizure
- The purpose of police searches and seizures is to prevent crime or find evidence.
- A search and seizure, related to an expectation of privacy, must involve government action to be considered under the 4th Amendment.
- Arresting someone based on plain sight is permissible, but moving objects constitutes search and seizure.
- The Fourth Amendment applies to searches and seizures and protects people, not places.
Reasonable Suspicion & Stop and Frisk
- Reasonable suspicion is a standard lower than probable cause but above a hunch and must have an objective.
- A Judge needs an explanation as to why searches and seizures are conducted.
- Stop and frisk, based on Terry v. Ohio standards, involves an outside pat-down to find weapons if officers suspect someone is armed.
Seizure of a Person
- Seizure of a person occurs when someone is actually caught or complies with an order.
Levels of Courts
- There are four levels of State court:
- District/municipal courts handle misdemeanors.
- Circuit Courts is trails for civil, criminal and federal.
- Court of appeals is where appeals are heard.
- Supreme court of Michigan which is the final court of appeal.
- The United States Federal Court has three levels:
- US District Court, with general jurisdiction.
- US Courts of Appeal, 13 circuits, review district court decisions.
- Supreme Court of the US, final federal appeals.
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Description
Study notes for CRJ 252 covering chapters 1, 2, 3, and 4. Key topics include the Due Process Revolution, the doctrine of Stare Decisis, and constitutional rights, particularly the 4th, 5th, 6th, and 8th Amendments. The notes also delve into the shifting trends in the courts.
