abandoned rigid adherence to Aguilar-Spinelli two pronged test for determining probable cause -
Answers Illinois v Gates
did not offer a suitable alternative to the Aguilar-Spinelli approach of determining credibility and
reliability in the information context - Answers gates test
abandoned rigid adherence to this test in favor of a "totality of the circumstances" approach to
determining probable cause - Answers gates decision
Katz v. US (1967) - Answers Regardless of the location, a conversation is protected from unreasonable
search and seizure under the Fourth Amendment if it is made with a "reasonable expectation of
privacy."
Katz v. US - Answers -government electronically listening to and recording the defendant's words
violated the privacy on which the defendant justifiably relied when using the telephone booth
-1967, the government can not tap your phone without a warrant.
exculpatory evidence - Answers any information having a tendency to clear a person of guilt or blame
Any evidence that might be favorable to the defendant at trial either by tending to cast doubt on the
defendant's guilt or by tending to mitigate the defendant's culpability, thereby potentially reducing
the defendants sentence - Answers exculpatory evidence
requires prosecution to turn over all exculpatory evidence to the defendant in a criminal case -
Answers brady rule
5th Amendment - Answers Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy;
Protection from Self incrimination
1st Amendment - Answers Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right
of the people peaceably to assemble, and to petition the government for a redress of grievances.
2nd Amendment - Answers A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed.
3rd Amendment - Answers No quartering of soldiers
4th Amendment - Answers Freedom from unreasonable searches and seizures
6th Amendment - Answers The right to a Speedy Trial by jury, representation by an attorney for an
accused person
7th Amendment - Answers Right to jury in civil trials.
8th Amendment - Answers No cruel or unusual punishment
9th Amendment - Answers The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
10th Amendment - Answers The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to the people.
there are tensions in the justice system between - Answers the crime control and due process
approaches to punishment
he authority given by law to a court to try cases and rule on legal matters within a particular
geographic area and/or over certain types of legal cases - Answers jurisdiction
the power of a court to hear and try a case - Answers jurisdiction
Geographical Jurisdiction - Answers Geographical area over which courts can hear and decide
disputes.
venue - Answers The geographic district in which a legal action is tried and from which the jury is
selected.
original jurisdiction - Answers The jurisdiction of courts that hear a case first, usually in a trial. These
are the courts that determine the facts about a case.
appellate jurisdiction - Answers The authority of a court to review decisions made by lower courts
concurrent jurisdiction - Answers authority for both state and federal courts to hear and decide cases
exclusive jurisdiction - Answers authority of only federal courts to hear and decide cases
Limited Jurisdiction - Answers a court's power to hear only specialized cases
General Jurisdiction - Answers Exists when a court's authority to hear cases is not significantly
restricted. A court of general jurisdiction normally can hear a broad range of cases.
Testimonial Evidence - Answers what is said in court by a competent witness; also called direct
evidence or prima facie evidence