02 Constitutional Principles in Criminal Justice Free Online FlashCards

What can constitute a search under the Fourth Amendment?

A search may involve government intrusion on a protected privacy interest or physical intrusion on protected property to obtain information.

What must a warrant generally establish and describe?

A warrant generally requires probable cause and a particular description of the place to be searched and the persons or things to be seized.

What justifies a brief stop and protective frisk?

An officer may briefly stop someone based on reasonable suspicion. A protective frisk requires a reasonable belief that the person is armed and dangerous; a stop alone does not authorize a full search.

What does the exclusionary rule do?

The exclusionary rule can prevent unlawfully obtained evidence from being used by the prosecution, but exclusion is not automatic in every case.

What does the Fifth Amendment protect against?

The Fifth Amendment protects a person from being compelled to provide testimonial evidence against themselves in a criminal case.

When are Miranda warnings required?

Miranda warnings are required for custodial interrogation: questioning when a person is in custody and subject to interrogation. They are not required for every conversation with police.

How does voluntariness differ from Miranda compliance?

A confession may be challenged as involuntary based on the circumstances. Voluntariness and compliance with Miranda are related but distinct questions.

What does the Fifth Amendment’s Double Jeopardy Clause generally bar?

Double jeopardy generally bars a second prosecution for the same offense after an acquittal or conviction, subject to established rules and exceptions.

What key trial rights does the Sixth Amendment provide?

For a qualifying serious offense, the Sixth Amendment provides a speedy and public trial before an impartial jury. It also protects notice of charges, confrontation of prosecution witnesses, and obtaining defense witnesses.

When does the Sixth Amendment right to counsel generally attach?

The Sixth Amendment right to counsel generally attaches after adversary judicial proceedings begin. An indigent defendant charged with a serious crime is entitled to appointed counsel.

How do the Fifth and Fourteenth Amendments apply due process protections?

The Fifth Amendment’s Due Process Clause constrains the federal government. The Fourteenth Amendment’s Due Process Clause constrains state governments and applies many Bill of Rights protections to the states.

What is the prosecution’s burden of proof at a criminal trial?

The prosecution must prove every element of the charged offense beyond a reasonable doubt. The accused is presumed innocent and need not prove innocence or testify.