Verified Answers
Due process - ANSWERS-Is a guarantee of basic fairness.
-It requires that governmental action not be arbitrary, unreasonable or discriminatory
and that fair procedure be followed by officials before someone is arrested.
What amendments is due process guarenteed through - ANSWERSfifth amendment
and the fourteenth amendment in the US constitution
two clauses for due process - ANSWERSSubstantively and procedurally
Substancive due process - ANSWERS-One of the two clauses for due process
-protects against government infringement of fundamental rights such as freedom of
speech, freedom of religion and the right to poverty
Procedural justice - ANSWERS-one clause for due process
Holds that justice is achieved when the proper procedures are followed and addresses
the fairness of the procedures used when applying the law
Two Models of the Criminal Process - ANSWERSCrime control model
Due process model
Crime control model of criminal process - ANSWERSAssembly-line justice with a focus
on getting an offender through the criminal justice process as quickly and effectively as
possible
Due process model of criminal process - ANSWERS-one of the two models of criminal
processing
Focuses on the right of the accused and advocates formal decision making procedures.
Draws upon the assumtpion that the accused is innocent until proven guilty
The fourth amendment - ANSWERSThe right of the people to be secure in their
persons, houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated but upon probable clause
Clauses of the fourth amendment - ANSWERSThe reasonable clause
The warrant clause
The reasonable clause - ANSWERS-This is the first clause in the fourth amendment
-From a law enforcement perspective, the reasonableness of search and seizures will
turn in large part on three factors
-Did law enforcement have a right to be there?
, -Did law enforcement violate the defendant's reasonable expectation of privacy?
-Did law enforcement comply with the search warrant?
The warrant clause - ANSWERS-This is the second clause to the fourth amendment
-A warrant to search must be supported by probable cause
Probable cause - ANSWERS-Probable cause is what would lead a reasonable and
prudent person (a police officer) to believe that a crime has occurred
-Probable cause can be established in a number of ways: sight, hearing, touch, smell,
taste. There are numerous methods for establishing probable cause.
-Probable cause is determined under a totality of the circumstances known at the time
and is the information reasonable trustworthy
What do you need for a search or arrest warrant - ANSWERSprobable cause
Exceptions to probable cause - ANSWERSStop and frisk
Special needs searches
Stop and frisk - ANSWERS-exceptions to probable cause
-Police are premitted to stop suspects based on reasonable suspicion of criminal activity
-If a officer has reasonable suspicion that the suspect might be armed they may frisk the
suspect for weapons
Reasonable suspicion - ANSWERSlower burden of proof than probable cause in which
officers can articulate facts and make inferences from them that criminal activity may be
afoot. Required for stop and frisks and for protective sweeps
-Reasonable suspicion is when you see a person and believe that they are up to no
good based on their actions
Terry V. Ohio (1968) - ANSWERSestablished that reasonable suspicion must be based
upon specific and articulate facts and not merely upon an officers hunch.
Which has a lower standard of proof, probable cause or reasonable suspicion -
ANSWERSReasonable suspicion
Special needs searches - ANSWERS-One exception to probable cause
-They involve screening people in general instead of targeting specific suspects
-examples
-Searchers of public employees, their workspaces and their government issued
electronics- risk management purposes
-Drug testing student athletes- protecting professional health
-Sobriety checkpoints
A police officer must have (reasonable suspicion vs. probable cause) - ANSWERS-a
reasonable suspicion to stop and frisk a person
-a probable cause for warrantless search or arrest