Louisiana Post - Legal Aspects
5th Amendment - CORRECT ANSWER-Allows a person the right to not self
incriminate
6th Amendment - CORRECT ANSWER-After being charged, the accused shall
have the assistance of counsel
14th Amendment - CORRECT ANSWER-Right to due process
DNA Evidence - CORRECT ANSWER-May be in the form of blood, hair, skin,
sweat, or saliva
Formally charged with an offense - CORRECT ANSWER-the occurrence of an
indictment, information, or preliminary hearing has been arranged
Frye - CORRECT ANSWER-general acceptance
Kirby v. Illinois (1972) - CORRECT ANSWER-Not entitled to the presence and
advice of a lawyer during a line up or other face to face confrontation
Kirby Rule - CORRECT ANSWER-a person who has not been formally charged
with an offense is not entitled to a lawyer during a lineup
line up - CORRECT ANSWER-A police identification procedure by which the
suspect in a crime is exhibited, along with others with similar physical
characteristics, before the victim or witness to determine if they can be identified
as having committed the offense.
Photograph identification - CORRECT ANSWER-Rogues gallery or mugshot
physical self-incrimination - CORRECT ANSWER-Person or witness incriminates
themselves explicitly or implicitly
show up - CORRECT ANSWER-when a witness is afforded the opportunity to
observe the suspect (one on one) shortly after a crime
,testimonial or communicative self-incrimination - CORRECT ANSWER-anything
communicated orally during an investigation where a person or witness
incriminates themselves either explicitly or implicitly
US v. Wade - CORRECT ANSWER-Held that a lineup or other face to face
confrontation after the accused has been formally charged with an offense is
considered a critical stage of proceedings; therefore the accused has a right to
have counsel present.
Wade-Gilbert Rule - CORRECT ANSWER-after being formally charged with a
crime, a suspect in a lineup or other confrontation is entitled to have a lawyer
present
self-incrimination - CORRECT ANSWER-When a suspect has no privilege
against _________ prior to or before an in custody interrogation
Right to due process - CORRECT ANSWER-The __________ of law is violated
when a suspect is not allowed the presence of counsel after a formal charge has
been placed on them
LINE UP OR SHOW UP - CORRECT ANSWER-The right to counsel usually
applies to a __________ only after a formal charge has been filed against the
accused
Line up composition - CORRECT ANSWER-Fundamental fairness
Pre-Trial Identification - CORRECT ANSWER-4th amendment usually does not
apply to __________ because many line ups occur after a warrant has been
issued or the suspect has been brought before a judge
polygraphs, hypnosis - CORRECT ANSWER-Not admissible in court without
proper research and backing
confession - CORRECT ANSWER-a person says he or she committed the act
, admission - CORRECT ANSWER-Owns up to something related to an act, but
may not have committed it
Testimonial evidence - CORRECT ANSWER-- Miranda warnings
- rights waived
- voluntary statement
- free will
Custodial Interrogation - CORRECT ANSWER-Takes place when suspect is in
custody and under interrogation. Both must be present
Under arrest or deprived of freedom - CORRECT ANSWER-Suspect considered
in custody is either _____ or when they aren't under arrest but ______
Limited, police, reasonable person - CORRECT ANSWER-Suspect deprived of
freedom in significant way when their freedom is ________ by ______ and a
_______________________ in the sake circumstances would feel he or she was
in custody
Interrogation, incriminate - CORRECT ANSWER-An _______ is when police ask
questions that tend to ______
Functional equipment of interrogation - CORRECT ANSWER-When no questions
are being asked by police but circumstances are conducive
Miranda warnings - CORRECT ANSWER-(1) You have the right to remain silent;
(2) Anything you say can be used against you in court;
(3) You have the right to an attorney; and
(4) If you cannot afford an attorney, one will be appointed for you if you so desire.
(5) you may decide at anytime to exercise the rights to stop questioning
Custodial Interrogation - CORRECT ANSWER-Required to advise a suspect of
Miranda rights anytime he is a subject to a ________
Cease , 5th amendment rights, inadmissible - CORRECT ANSWER-Once a
suspect no longer wants to speak with attorney, interrogation must ________
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