Criminal Procedure CJ-410 Exam 1 (Chapters 2, 3,
4)
Total incorporation doctrine - ANS-Bill of Rights incorporated into state
Criminal procedure - ANS-To balance power of the government to protect the safety and
security of all persons against those who want to harm them
4th Amendment - ANS-The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures
5th Amendment - ANS-No one can be deprived life, liberty, or property without "due process" of
law
6th Amendment - ANS-Speedy trial, by jury, public, right to confront witnesses, and the right to a
lawyer at various stages of criminal proceedings
14th Amendment - ANS-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; nor deny to any person within its
jurisdiction the equal protection of the laws
Due process - ANS-Court exercise judgment, FAIRNESS
vague guarantee of fair procedures in deciding cases; the 5th and 14th Amendment provisions
prohibiting the federal government and the states, respectively, from depriving citizens of life,
liberty, or property
Due process revolution - ANS-How did the 1960s apply to states
Supremacy Clause - ANS-All criminal procedure have to answer to the U.S. Constitution and
courts determine which procedures have to answer to the U.S. Constitution and courts
determine which procedures are in line with the Constitution. All courts can interpret the
Constitution, BUT THE U.S. Supreme Court HAS THE FINAL WORD. Its decisions bind all
other courts, legislatures, executives, and criminal justice officials
Rational basis test - ANS-is a test courts may issue to determine the constitutionality of a statute
or ordinance
Strict scrutiny - ANS-Almost impossible to discriminate solely based on race
Brown v. Mississippi - ANS-was a United States Supreme Court case that ruled that a
defendant's involuntary confession that is extracted by police violence cannot be entered as
evidence and violates the Due Process Clause of the Fourteenth Amendment.
Was due process violated?
Yes, proceeding in violation of 14th Amendment.
Powell v. Alabama - ANS-reversed the convictions of nine young black men for allegedly raping
two white women on a freight train near Scottsboro, Alabama. trial judge must inform a
defendant of this right. In addition, if the defendant cannot afford a lawyer, the court must
appoint one sufficiently far
Did the trials violate the Due Process Clause of the Fourteenth Amendment?
Yes, because the defendants were not given reasonable time and opportunity to secure counsel
in their defense.
Rochin v. California - ANS-Did police procedure forcing defendant to vomit violate the Fifth
Amendment privilege against self-incrimination and the Due Process Clause of the 14th
Amendment?
Yes, the due process prohibited "conduct that shocks the conscience."
False - ANS-True or False: Private searches done by private individuals go against the 4th
Amendment
State - ANS-No _____ shall deprive any citizen of life, liberty, and property, without due process
of the law
Plain view - ANS-Doctrine that it's not a "search" to discover evidence inadvertently obtained
through ordinary senses if the officers are where they have a right to be and are doing what they
have a right to do so
Open field - ANS-The special protection accorded by the 4th Amendment to the people in their
persons, homes, papers, and effects is not extended to open fields
Abandoned property - ANS-Physically giving up possession of something
Intending to give up the expectation of privacy
The U.S. Supreme Court has adopted a
totality-of-circumstances test to determine
abandonment
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