Criminal Procedure - 5th Am, Speedy Trial, Trial Publicity

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Criminal Procedure - 5th Am, Speedy Trial, Trial Publicity
2012-01-28 16:19:23
VA barbri

Criminal Procedure - 5th Am, Speedy Trial, Trial Publicity
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  1. 5th Am
    • Anyone may assert the privilege
    • may be asserted in any proceeding where individual testifies under oath
    • *must be asserted at the first opportunity or forever waived
    • protects against compelled testimony but not use of bodies
    • Disallows negative prosecutorial comment on D's deicision not to testify or invocation of his right to silence
    • Three ways to eliminate privilege
    • 1. prosecution cannot use your testimony or anything derived from it to convict you (other info ok), but can use info before invocation of immunity
    • 2. by taking the stand wavies as to anything properly w/in scope of cross
    • 3. unavailable if the SOL has run on underlying crime (couldn't be exposed to criminal prosecution)
  2. MS Speedy Trial
    • evaluate totality of the circumstances including length of dely (not fixed but see statutes), reason for dealy, whether D asserted right, prejudice to D
    • Remedy is dismissal of case with prejudice
    • Attaches when arrested and formally charged
  3. VA Speedy Trial
    • Time Limits:
    • -D in custody - 5 months from preliminary hearing
    • -D no in custody - 9 months from preliminary hearing
    • Trial is deemed commenced at point when double jeopardy attaches or when plea of guilty or nolo contendere is tendered
    • Tolling: insanity, escape, witness issues, separate trials, hung jury, natural disaster, continuance on motion by accused, appeals
    • Waiver: by failing to invoke until after final judgment or failing to oppose motion for continuance
    • Due process entitles D to an impartial trier of fact
    • Judge may
    • delay the trial
    • sequester the jury
    • change of venue
    • close
    • But Judge must leave trial open unless there is a compelling interest and no less restrictive alternative
    • Ask whether cameras will adversely affect the trial