Law Outlines Criminal Justice/Procedure Outlines
This is a comprehensive outline of Criminal Justice, including cases spanning from the beginning of the incorporation debate to the most recent cases on these issues. The outline is organized by unit, and covers the 4th, 5th, 6th amendments and the ways in which these amendments guide the criminal justice processes....
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Criminal Procedure Outline
An Introduction to the Criminal Justice Procedure 6
The Fourth Amendment: Interests at Stake 6
Policing in Law and in Practice 8
Wolf v. Colorado (Reversed by Mapp) 8
The Fourth Amendment: Governmental Action, “Standing,” and Reasonable Expectations of Privacy I 11
Olmstead v. US (Reversed by Katz) 12
Harlan test for Protected Privacy 13
The Fourth Amendment: Governmental Action, “Standing,” and Reasonable Expectations of Privacy II 14
Protected vs. Unprotected Places 20
The Fourth Amendment: Governmental Action, “Standing,” and Reasonable Expectations of Privacy III 21
US v. White – The Invited Eaar 21
Justification: Probable Cause 24
Justification: Reasonable Suspicion for Stop & Frisk 1 29
Justification: Reasonable Suspicion for Stop & Frisk II 34
NYC’s Stop and Frisk Policy 34
Reasonableness Limits on Execution of Search/Seizure 36
Warrant Requirement: Warrantless Arrests and Searches of Persons 38
Atwater v. City of Lago Vista 42
Cases at inception of special needs doctrine 44
City of Indianapolis v. Edmond (2000) 45
Board of Ed of Pottwatomie County v. Earls 46
Warrantless Seizure and Searches of Premises/Persons 49
Payton v. New York – No warrantless arrests in the home 49
Searches Incident to Arrest 49
Chimel v. California – Scope of Search Pursuant to Lawful Arrest 50
Minnesota v. Olson – NO Exigency 52
Kentucky v. King – Exigency even though Police CREATED 53
Warrantless Seizure and Searches of Vehicles and Effects; Pretextual Searches 55
Exclusionary Rule Revisited: Applying the Rule (Fruit of the Poisonous Tree and Impeachment) 69
The Fruit that Grows from the Illegal Tree 69
Inevitable Discovery Doctrine 71
Due Process “Voluntariness” Test for Admitting Confessions 73
Privilege Against Compelled Self-Incrimination: Tangible Objects 81
The Due Process “Voluntariness” Test for Admitting Confessions: Massiah and Escobedo 83
Equal Protection gets cozy with Due Process 84
Ashcraft v. Tennessee (1944) 85
Remedy for Miranda Violations 92
What constitutes “interrogation” within the meaning of Miranda? 94
Applying and Explaining Miranda II 96
What counts as invocation of the right to counsel? 97
What does it mean that you cannot resume interrogation until counsel has been “made available”? 97
What does “re-initiating” for purposes of right to counsel mean? 97
Can police ever re-initiate for purposes of right to counsel? 98
II. What counts as invoking the right to remain silent? 99
Can your silence be used against you? 100
How long does the invocation of the right to remain silent last? 101
Applying and Explaining Miranda III 101
“Public Safety” Exception to Miranda Requirements 102
Is Miranda a constitutional rule? 105
After Chavez, Miranda is ... 107
After Chavez, what may police do? 108
The 6th Amendment Revisited 109
In class exercise: Miranda 111
Timeline of Incorporation
Powell, Gideon, incorporated 6th amendment right to counsel (1932, 1963)
Argersinger incorporated right to counsel for imprison able misdemeanors
Duncan incorporated the 6th amendment right to jury trial (1968)
Hogan incorporated the 5th amendment (1964)
Wolf and Mapp incorporated the 4th amendment (1949 and 1961)
Ker incorporated the...
Buy the full version of these notes or essay plans and more in our Criminal Justice/Procedure Outlines.
This is a comprehensive outline of Criminal Justice, including cases spanning from the beginning of the incorporation debate to the most recent cases on these issues. The outline is organized by unit, and covers the 4th, 5th, 6th amendments and the ways in which these amendments guide the criminal justice processes....
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