Sec 1 Qs
1.
Define these:
a.
Exclusionary rule – any info. gained illegally
cannot be used in court
b.
Counsel – an attorney (lawyer)
c.
Self-incrimination – giving a testimony in
trial/legal proceeding that could subject oneself to criminal prosecution
d.
Double jeopardy – makes it illegal to try a
person for the same crime, preventing harassment
2.
Describe the procedure that police must follow
in making a lawful search
a.
Must get a warrant from a court official before
searching for evidence ect.
i. Has
to detail exactly what can be searched and for what exactly to look for
3.
Identify the case in which the exclusionary rule
was first applied to state courts
a.
Weeks v. United States
i. Held
that warrantless seizure of items/people from private premises is in violation
of the Fourth Amendment
4.
Explain the importance of the Court’s decision
in Gideon v. Wainwright
a.
Gideon was refused an attorney because the state
said they were not required to provide an attorney unless the defendant was
being accused of a capitol offense. He later took this to the Supreme Court,
who ruled that all states were required to provide an attorney in all cases.
b.
This made the current standard that ensure every
citizen, no matter how poor or the circumstances, is guaranteed a lawyer during
arrest through court proceedings. This is a part of fair trial.
5.
How does the right to counsel help guarantee a
fair trial?
a.
Oftentimes poor, uneducated, and/or illiterate
people could be easily lost in the justice system jargon and rules. By
providing an attorney, the defendant has a chance to defend themselves
properly.
6.
How has the Court differentiated between a
search by a public school official and a search by the police
a.
School officials need no warrant or probable
cause because on school grounds, it is the school’s property. All the school
needs is reasonable grounds that a person (often student) is breaking school
laws.
b.
Police need a warrant unless the crime is
committed in their presence.
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