Criminal Procedure Flashcards

What does the Fourth Amendment protect against?

Answer: Unreasonable searches and seizures by the government

The Fourth Amendment protects individuals from unreasonable searches and seizures by government actors, requiring warrants based on probable cause for most searches.

What is the exclusionary rule?

Answer: Evidence obtained in violation of constitutional rights is inadmissible at trial

The exclusionary rule prevents the prosecution from using evidence obtained through unconstitutional means, deterring law enforcement from violating constitutional rights.

When are Miranda warnings required?

Answer: During custodial interrogation by law enforcement

Miranda warnings are required when a person is in custody and subject to interrogation. Both elements must be present to trigger the requirement.

What is the right to a speedy trial?

Answer: The Sixth Amendment right to be tried without unnecessary delay after being charged

The Sixth Amendment guarantees a speedy trial, evaluated by balancing the length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant.

What is the double jeopardy clause?

Answer: The Fifth Amendment prohibition against being tried twice for the same offense

The Double Jeopardy Clause of the Fifth Amendment prevents the government from prosecuting a person twice for the same offense or imposing multiple punishments for the same crime.

What is the standard for probable cause?

Answer: Facts and circumstances sufficient to warrant a reasonable person to believe a crime has been or is being committed

Probable cause exists when there are sufficient facts and circumstances to lead a reasonable person to believe that criminal activity is afoot or evidence will be found.