CRJU375 Study Guide - Midterm Guide: Frisking, Misdemeanor, Affidavit

• School: University of Delaware
• Department: Criminal Justice
• Course: CRJU375
• Professor: Jurden Jan

Document Summary

Fourth amendment: prohibits unreasonable search and seizures and a: touchstone is reasonableness warrant be judicially sanctioned. Sixth amendment: right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed; right to counsel. Exclusionary rule: not an individual right, not in the constitution, it is a judicially created remedy when there is a 4th amendment violation (not a uniform remedy) Exclusionary rule applies when police are grossly negligent, reckless or intentional in their actions. In order to suppress evidence the benefits of deterrence must outweigh the cost of society. Sufficiently deliberate act on behalf of police (not negligently) Objective approach: focus on inducement used by government agents, focus on government conduct, informer a makes overreaching appeals to compassion and friendship and thus moves d to sell narcotics, predispose. Cases with entrapment would be thrown out or acquitted.