crim law/crim pro

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maggieblund
ID:
163339
Filename:
crim law/crim pro
Updated:
2012-07-20 21:05:12
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crim law pro
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crim law/crim pro
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  1. Arrest without warrant
    when cop has probable cause to believe that felony has been committed and that this person committed the felony
  2. Statement without counsel admissible?
    must give miranda warnings. miranda applies to statements made in response to a custodial police interrogation. Spontaneous voluntary statements by person in custody not subject to the rule. Interrogation = any question or comment by cop that reasonable officer in same situation would know likely to elicit either inculpatory or exculpatoy statements from suspect Can waive but prosecution must show a knowing, voluntary and intellegent waiver
  3. insanity?
    McNaughten test = must show that you didn't know difference between right and wrong or that unable to percieve nature of act because of mental defect. 
  4. Rt to speedy trial
    60 days if in custody, 90 if not in custody, unless waive. remedy is dismissal without prejudice
  5. ineffective assistance of counsel
    must show attorney fell below objective measure of reasonably effective assistance and there is reasonable probability that outcome would have been different without counsels errors. 
  6. Right to go pro se
    must be mentally competent and court must issue a warning
  7. Proper Jury Selection
    unlimited number of removals for cuase. Proper reasons are bias. Failure to remove for cuase will be presumed harmless error if juryr is later struck by peremptory challenges. 
  8. Def statement at sentencing
    def is allowed to 
  9. Juvenile Interrogations
    can argue that child won't be able to make a knowing waiver of miranda rights. Can also make argument that confession inadmissible where suspects will overborn in violation of DP, and coulda rgue that without parents there this happened.
  10. Capacity and juveniles
    WA presumes 8-12 year olds lack capacity, but presumption can be overcome by court with proper hearing, but may not use the confession to vercome. NO right to jury trial in juvenile court
  11. conspiracy?
    must show intent that conduct equaling a crime be performed, an agreement with one or more persons to engage in or cause perofrmance of such conduct, and substantial step in furtherance of it by any one of them
  12. Withdrawing as a conspirator
    have to announce intent to stop and alter cops/attempt to prevent conspiracy from happening
  13. Accomplice
    if, with knowledge that it will promote or facilitate a crime, solicits, commands, encourages or requests another to commit a crime or aids/agrees to aid another person in plannign or committing a crime, or conduct is expressly declared by law to = accomplice
  14. Theft
    when someone wrongfully obtains or exerts control over prop or services of another with intent to deprive them. 

    • 1 - more than 5k or when takes property from the person of another
    • 2 - more than 750 up to 5k
    • 3 - value up to 750
  15. harrassment
    felony if the def commits the crime by threatening to kill the person threatened or another person. Being armed with weapon is an aggravating factor.

    If, without authority places another in reasonable fear by words or conduct that a threat will be carried out and knowingly threatens to cause bodily injury, immediately or in future to person threatened, cause phy damage to prop of another, subject person threatened or any other person to phys confinement or restraint or maliciously do any other act that is intended to substantially harm the person threatned or anoteher
  16. Defense to harrassment?
    only guilty if places victim in reasonable fear that threat will be carried out.
  17. Assault
    • harmful or offensive contanct, or apprehension of such contact. 
    • May be charged in 1 when assaults another with deadly weapon or with forc eliekly to produce great bodily harm. 
    • 2 - intentionally assaults anotehr and thereby inflicts substantial bodily harm. 
    • 3 - hits a cop of prublic official, or with crim neg causes bodily harm with weapon or causes substantial pain 
    • 4- everything else. misd. when push, kick, etc.
  18. Defense of property
    person honestly and reasonable believes that non deadly unlawful force is imminent can use force as necessary to protect self, person or prop. But force must be proportional to the threat. No duty to retreat bf using non deadly force. Transferred intent appplies.
  19. Burglary
    residential - enters or remains unlawfully in dewelling with intent to commit crime against eprson or prop. 
  20. crim trespass
    knowingly entering or remaining unlawfully in a building
  21. forgery
    with intent to injure or defraud, falsely makes, completes or laters written instrument, or possess/ofers/puts off as true a written instrument knwo is false
  22. theft of firearm
    value doesnt matter.
  23. kidnapping
    in first degree if abducts, restrains by eithe rsecrteting or holding him min place where not likely to be found or using threat of deadly force, another with intent to hold for ransom, reward, as shield or hostage, or to facilitate commission of any felony or flight after. 
  24. unlawful imprisonment
    knowing restraint of another. Accomplished by restricting a persons movements without consent, but force, intimidation, or deception and without legal authority in a manner that interferes substantially with his liberty. 
  25. possession of stolen property 
    gets it, knowing stole. Degrees mirror theft. 
  26. possession of stolen firearm
    each stolen firearm possessed is a seperate offense
  27. uniform contolled substance act
    felony to deliver, make, sell or possess a controlled bustance. Includes all transfers for deliver. Sale when there is an exchange
  28. robbery
    unlawfully taking person prop from another or use threat to take stuff. 1- person is armed with deadly weapon, or displays what seems like a weapon, or inflicts bodily harm. 2 - not 1
  29. reckless endangerment?
    recklessly engages in conduct not amounting to adrive by but makes real risk of dieath or phsycial injury to nother peron. gross mis
  30. voluntary intoxication as a defense
    no act while drunk will be deemed less criminal bc of condition, but when actual existence of particular metnal state is necessary element of crime, fact of drunk can b etaken into consideration that ouclnt have had that mental state. 
  31. rendering crim assistance
    intent to prevent, hinder, or delay apprehension of another who knows commiitted crimes, or destroys any evidence that might aid. 
  32. warrantless seizure
    prohibits and exclusionary rule will keep evidence out if result of illegal search or seizure. But cops can arrest without warrant unless PC to believe felony committed unlesss in arrest takes place in persons house.

    PC exists when facts known to cop, with reasonable trustworthy info sufficient to warranat reasonable person to bleieve ccrime. Def charged by information has a right to receive notice of charges filed against and an opp to prepare a meaningful defense. 
  33. Refusal to set bail
    all but captial offenses are bailable. Grounds on which conditions of release, including the posting of bail, can be imposed is non appearance, dnager, risk, or any interference with the administration of justice. 

    improper failure to set bail improper unless you can show prejudice
  34. Prosecutors duty to disclose exculpatory evidence
    must disclose evidence requested by def. Even without request, must disclose evidence that by itself creates a reasonble doubt as to defs guilt
  35. change of venue?
    enttitled to it if cant get fair trial in cty where chraged. 
  36. Jury Trial
    def has right to fair cross section of community in jury pool, but not individual jury. Pro and def have three pre empt, no limit on for cause. IF Def can show pattern of discrimination in using peremptory challenges, burden shifts to pro to show valid reason for such challenges
  37. joinder of cases
    judge has broud discretioon, but a def may properly object. objection is proper in situations when one crime sufficiently greater than other, possibility for greater crime to taint jury against def in lesser. If def wants to testify in one case not the other, joinder is improper. 
  38. Prosecutor statements during trial
    a prosecutor cannot intentionally ellicit statements regarding a defs invocation of constitutional rights

    prosecutor cannot make statemetns of opinion to jury, nor argue facts that are not in evidence
  39. proper conviction?
    in superior, have right to 12 jurors and a unanimous verdict is required to convict
  40. Sentencing proper?
    Blakely - judges no longer allowed to impose sentences in excess of standard range. Fact finding functions, even for sentncing must be by jurors. 
  41. appearance at video conference -- rt to attorney?
    jailed wtihout warrant, entitled to probable cause Gerstein hearing within 48 hours. Prelim hearing doesn't requre an atty. Video is ok. 
  42. excessive bail
    prohibited but likelihood of failure to appear can increase bail
  43. juvenile jurisdiction
    has jurisdiction ove rpeople who are under 18. people over 18 at trial have no right to be tried as juvenile
  44. appearance in prison clothes?
    to preserve presumption of innocence, def cant be compelled to appear in prison clothes
  45. removing def from ct room
    ct has broad power in controlling court room during trial. judge may remove disruptive defendant
  46. alibi witness at last minute?
    defense must disclose idenity of witness, their statements, and provide notice of an alibi. 
  47. Violation of miranda -- admission of statements?
    if improper, then only for impeachment
  48. sentencing without an attorney?
    def has a right to be represented by counsel at sentencing
  49. what constitution applies
    fed const provides baseline. WA cts interpret cases first under WA const then by the fed. WA has greater protections. 
  50. Terry stop
    may stop auto to question the occupant if they have a reasonable and articuable suspicion of criminal behavior
  51. miranda -- while in custody
    statements made by def in custody but not yet given miranda are admissible even tho miranda warnigns have not yet been given
  52. Inventory Search -- trunk
    can't be in trunk of the car
  53. car search after arrest
    without warrant if they have PC to believe that auto contains evidence relating to crime, or for a threat. in WA NOW tho...not for evidence. only if an exigency that makes getting a warrant impracticable. 
  54. exclusionary rule
    any evidence from illegally obtained evidence is fruit of poisonous tree and is inadmissible. in WA, frusts of confession in violation admissible even though confession itself is suppressed.
  55. Use of an informant
    is ok for a basis of PC, but must be personal knowledge/basis for informants info and evidence that informant is reliable. 
  56. warrantless wiretap
    if vioolates reasonable expectation of privacy is a search under 4th. must be PC, warrant must naem person and describe convos to be overheard, time must be limited, and a return describing the convos must be made
  57. telephonic issuance of warrant to search
    must submit affidavit setting forth sufficient underlying circumstances to enable the magistrate to make a determination independent of officers considerations. PC exists only if the facts set force woudl lead reasonable person to believe that is a change the def is involved in criminal activiyt. 
  58. plain view exception
    only if they have prior justification for intrusion on premises, inadvertently discover fruits or instrumentalities of crime, have immediate knowledge that the object in plain view is seizable matter, and can demonstrate some exigency which requires an immediate warrantless seizure
  59. rt to counsel at lineup?
    has right to atty at lineup if formally charged. in court indentification wont be suppressed bc of an earlier identification if tehre wa sa basis for the later identification other than the earlier one
  60. arrest in defs home
    has to be supported by search or arrest warrent if on defs private property adn being arrested for a felony. 

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