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Published byAshlyn Stokes Modified over 6 years ago
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Units 2 and 3 Voir dire: Interview with a potential juror or witness not related to evidence Witness: Material and Expert (sworn in) Hostile witness (cross examination): can ask leading questions Contempt of court v. freedom of speech Corroborating testimony (a second or subsequent witness) Affidavit: A written document that swears to certain facts related to the crime
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Chapter 12 cont'd Discovery: The defense has the right to all the evidence possessed by the prosecution before the trial starts. Role of the judge is “to say what the law is” Interrogation: Voluntary (eighth amendment prohibits “cruel and unusual punishments”) Fifth amendment: No one can be compelled to be a witness against himself Exclusionary rule: Illegally obtained evidence can't be used in court. Weeks v. U.S , Mapp v. Ohio (applied to states)
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Chapter 12 cont'd Hearsay: Anything that's not a direct witness, not admissable in court Pleas: Nolo Contendere (no contest) Miranda “rights” Right to an attorney
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Unit 2 terms Mens rea Strict liability Misprision of felony Malice
First Degree murder (Felony Murder) Second degree murder Voluntary manslaughter Involuntary manslaughter Negligent homicide
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Search Warrants Search incident to a lawful arrest
Stop and frisk: Police safety Plain view: He can see it from the street Vehicle searches – probable cause needed Emergency situations - Such as a phoned-in bomb threat Border and airport searches Phone and internet tapping by the NSA (unconstitutional)
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