Bail to Jail
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When is the best time to make an objection to evidence based on its prejudicial effect?
As soon as potentially prejeudicial evidence comes to your attention
When may relevant evidence be exluded?
When its probative value is substantially outwieghed by its prejudicial effect
When are statements allowed as admissible at trial?
When they are made as part of an ongoing emergency
What is the lowest level of mes rea that a felolony can have to serve as a predicate felony for a felony murder?
Explain the res gestae defense to felony murder
The predicate felony was complete the instant the bullet left the bullet of the gun
Can status offenses serve as a predicate felony in felony murder?
For what reason may evidence of other crimes or wrongful acts not be admitted?
Conformity with character
For what reason may evidence of other crimes or wrongdoing be admitted
Motive, opportunity, and knowledge
What are the three requirements for introducing 404b evidence?
- Notice of intent to admit evidence
- Commission of the prior act or act must be shown by clear and convincing evidence
- The probative value must not be outwieghed by its potential for unfair prejudice
What is the standard for admitting reverse spriegl evidence?
- Clear and convincing evidence that the crime or wrong was comitted
- The evidence is relevant to the defendant's case
- The evidence is more probative than prejudicial
Relationships that fall within the purview of 634.20 history of the relationship are:
- Victim of domestic abuase
- Family members
- Household members
What type of relationship is not admissible for showing the connection between the victim and the defendant?
The relationship the defendant had with a thrid party
Who may assert a demand for a speedy trial?
Defendant or prosecution
Under what circumstances may a trail occure more than 60 days from the time of a plea?
After a showing of good cause
What are three factors to be considered in analyzing a claim for speedy trial?
- length of delay
- reason for delay
- defendants assertion
How may a request for speedy trial be made?
- In writing
- Orally on the record
How should a demand for speeding trial be made?
What three factors will the court consider in analyzing whether a delay has prejudiced a a defendant?
- Harm to the defendant's case
- Anxiety and stress
- Strain on friendships and associations
What happens at a florence hearing?
The defense presents evidence directed at the credibility of the allegations contained in the state's complaint and discrepencies in the police report.
Which three issues may be litigated at a contested rasmussen hearing?
- Whether the stop or frisk was legal
- Whether an officer illegally extended the scope of the stop
- Whether an accused was denied his or her right to counsel at the time of a confession
What is the legal standard required to justify a departure from the sentencing guidlines.
Substantial and compelling circumstances
What must a jury find in order to justfy a greater sentence than the statutory maximum
The criminal complaint must include?
- Allegation that a crime was comitted
- Allegation that the criminal committed that crime
In misdemeanor cases when may the prosecutor amend the complaint?
at the time of the pre-trail conference
What are the three decisions that the defedant has power over?
- Waive a trial
- Make a sentancing allocution
- Testify at trial
In a waiver hearing, hat are the three things that a defendant must be advised of?
- Maximum term of imprisonment
- That he has the right to withdraw his plea if the judge does not accept the terms of the plea agreement
- That the prosecutor could not comment on the defendant's failure to testify had the matter proceeded to trial
A plea must be
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