ENR 4400 EXAM STUDY
GUIDE
· "No recovery, no fee"
· Lawyer isn't paid until the successful resolution of the case (may have small upfront
fee)
· Supposed to help people who can't afford an attorneyà risk for attorney and rare for
big law firms - Answer What does it mean for a lawyer to work on contingency?
Settlement from DuPont - Answer What happened as a result of the first lawsuit on
behalf of Mr. Tennant?
crime scene - Answer When is DNA collected
Law enforcement trained in collecting and preserving DNA - Answer Who collected DNA
Bias can occur when examiners compare fingerprints:
"The FBI investigation determined that once the fingerprint examiner had declared a
match, both he and other examiners who were aware of this finding were influenced by
the urgency of the investigation to affirm repeatedly this erroneous decision. - Answer
criticism of finger print testing
Isn't clear standards on how many matching features are necessary for it to be a
"match" - Answer Crticism of hair analysis
test results
modeling
social/economic evidence
physical evidence - Answer Types of evidence used in envrionmental cases
expert witness - Answer A witness who is qualified as an expert by knowledge, skill,
experience, training, or education may testify in the form of an opinion
Role of the Criminal Justice System - Answer Apprehend violators
•Bring charges
•Judge guilt
•Assess punishment
, •Enforce punishment
much show beyond a reasonable doubt the necessary mens rea AND each of the
elements of a crime - Answer In order to prove a crime, a prosecutor
probable cause - Answer : "is a requirement found in the Fourth Amendment that must
usually be met before police make an arrest, conduct a search, or receive a warrant.
Courts usually find probable cause when there is a reasonable basis for believing that a
crime may have been committed (for an arrest) or when evidence of the crime is present
in the place to be searched (for a search)."
Suspicion of a crime inadequate
Reasonable person believes guilt more than a possibility.
4th Amendment - Answer Right to be secure in "person, houses, papers and effects".
Against unreasonable Search Seizure
: "Reasonable expectation of privacy" is very difficult to parse in the modern age. Is the
heat of your house private? Is your phone private if it has no password? Can you be
tracked by the police's GPS? Is your trash private once it's set out? - Answer Modern
day issues of 4th Amendement
5th Amendment - Answer protects: Grand jury indictment. Double jeopardy. Privilege
against self-incrimination. Miranda rule (prior to questioning), Burden of proof (rests
with prosecution)
6th Amendment - Answer Trial: Speedy, Public, Impartial jury (waive),
Nature and cause of accusation: precise wording in indictment, limited to indictment
charges
Right to cross examination
Assistance of counsel
Regardless of money
Court appointed (prison time, not for fines, necessarily)
"Effective": Omissions or actions "sufficiently egregious"? Did it lead to an invalid
conviction?
8th Amendment - Answer Excessive bail shall not be required,
Nor excessive fines,
Nor cruel and unusual punishments inflicted
Forbids "cruel and unusual punishment": Appalling prison conditions?
GUIDE
· "No recovery, no fee"
· Lawyer isn't paid until the successful resolution of the case (may have small upfront
fee)
· Supposed to help people who can't afford an attorneyà risk for attorney and rare for
big law firms - Answer What does it mean for a lawyer to work on contingency?
Settlement from DuPont - Answer What happened as a result of the first lawsuit on
behalf of Mr. Tennant?
crime scene - Answer When is DNA collected
Law enforcement trained in collecting and preserving DNA - Answer Who collected DNA
Bias can occur when examiners compare fingerprints:
"The FBI investigation determined that once the fingerprint examiner had declared a
match, both he and other examiners who were aware of this finding were influenced by
the urgency of the investigation to affirm repeatedly this erroneous decision. - Answer
criticism of finger print testing
Isn't clear standards on how many matching features are necessary for it to be a
"match" - Answer Crticism of hair analysis
test results
modeling
social/economic evidence
physical evidence - Answer Types of evidence used in envrionmental cases
expert witness - Answer A witness who is qualified as an expert by knowledge, skill,
experience, training, or education may testify in the form of an opinion
Role of the Criminal Justice System - Answer Apprehend violators
•Bring charges
•Judge guilt
•Assess punishment
, •Enforce punishment
much show beyond a reasonable doubt the necessary mens rea AND each of the
elements of a crime - Answer In order to prove a crime, a prosecutor
probable cause - Answer : "is a requirement found in the Fourth Amendment that must
usually be met before police make an arrest, conduct a search, or receive a warrant.
Courts usually find probable cause when there is a reasonable basis for believing that a
crime may have been committed (for an arrest) or when evidence of the crime is present
in the place to be searched (for a search)."
Suspicion of a crime inadequate
Reasonable person believes guilt more than a possibility.
4th Amendment - Answer Right to be secure in "person, houses, papers and effects".
Against unreasonable Search Seizure
: "Reasonable expectation of privacy" is very difficult to parse in the modern age. Is the
heat of your house private? Is your phone private if it has no password? Can you be
tracked by the police's GPS? Is your trash private once it's set out? - Answer Modern
day issues of 4th Amendement
5th Amendment - Answer protects: Grand jury indictment. Double jeopardy. Privilege
against self-incrimination. Miranda rule (prior to questioning), Burden of proof (rests
with prosecution)
6th Amendment - Answer Trial: Speedy, Public, Impartial jury (waive),
Nature and cause of accusation: precise wording in indictment, limited to indictment
charges
Right to cross examination
Assistance of counsel
Regardless of money
Court appointed (prison time, not for fines, necessarily)
"Effective": Omissions or actions "sufficiently egregious"? Did it lead to an invalid
conviction?
8th Amendment - Answer Excessive bail shall not be required,
Nor excessive fines,
Nor cruel and unusual punishments inflicted
Forbids "cruel and unusual punishment": Appalling prison conditions?
