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- Tested existing police, found under-average IQ - First recommendation for screening the police |
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1973 National Advisory Committee on Criminal Justice Standards |
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called for screening all police officers |
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protects against cruel and unusual punishment |
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guarantees a speedy public trial |
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two or more locations with no cooling-off period |
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looking for the same type of person to kill |
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typically happens in one location; four or more people are killed |
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law that once an officer has indicated intent to arrest a suspect, if the suspect flees or forcibly resists, "the officer may use all the necessary means to effect the arrest" - Garner shot, no reason to believe he was a threat |
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– experts can provide opinions on matters outside range of common experience or knowledge – knowledge/technique must have general acceptance in field |
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1975 Federal Rules of Evidence |
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– If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue – evidence must be relevant and reliable |
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judges as gatekeepers for evidence |
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collecting all info about a crime |
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organize data in meaningful ways |
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try to reconstruct behavior of offender and victim |
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initial description of the most likely suspect |
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crime characteristics correlated with: – Prior relations with victim – Organized vs disorganized offenders – Serial vs single offenders |
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– Profilers, other crime investigators, other psychologists – Profilers were more specific, more helpful – Profilers more accurate in sex offense cases |
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uses BP, pulse rate and respiratory changes |
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1940 Reid - the Control Question Test |
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stim test control questions questions about a different crime |
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confessions after torture violate due process |
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– Any confession without advising of legal right to counsel or remain silent is considered involuntary and not admissible |
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mental or psychological problems in sufficient to make confession involuntary |
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– Confessed after threat or punishment – did not affect verdict – Confessed after promise of better treatment – did |
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filed habeas corpus after deadline |
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right to free psychiatric consult |
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accidentally found evidence is allowed if police received a tip |
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guest in a car arrested - no reasonable expectation of privacy |
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IRS can hire a private investigator to look for stuff |
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inevitable discovery of evidence |
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right to counsel extended to misdemeanors |
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State only supplies a free lawyer for 1st trial |
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police isn't responsible for making sure the defendant understands the warnings |
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request for a lawyer must be stated definitely (unequivocal) |
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Miranda doesn't apply roadside |
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Lawyer wanting to see convict |
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a juvenile doesn't have the right to a trial with a jury |
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any case involving a confession has the right to have it reviewed by the court and allowed/disallowed |
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tried to find factors that influenced the judges' bail decisions |
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Bail Reform Act of 1984 (Reagan) |
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If a judge believes the convict is a danger to himself/community, he can deny bail |
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Stone was held before trial - constitutional |
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Brady Rule (Brady v Maryland) |
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If a state finds info that helps the defendant, they must give him that info |
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defense does not have the right to ask jurors what PTP they have seen |
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Jurors may be excused for hardship, for having relevant pretrial biases, or via peremptory challenges. |
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judges agree with the juries verdict about 75% of the time. |
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Supremes decided criminal juries were required to apply law |
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Jury has power to decide cases as a matter of conscience |
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Judge is not required to give nullification instructions |
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Shows that nullification instructions have strong effect |
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protects against unreasonable search and seizure |
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