Crim Pro

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Author:
willchoi
ID:
202880
Filename:
Crim Pro
Updated:
2013-02-24 16:04:15
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Crim Pro
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Crim Pro
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  1. Outline
    • 1. Exclusionary Rule
    • 2. 4th Amendment
    • 3. Confessions
    • 4. Pre-Trial Identification
    • 5. Pre-Trial Procedures
    • 6. Trial
    • 7. Guilty Pleas
    • 8. Sentencing and Punishment
    • 9. Double Jeopardy
  2. 1. Exclusionary Rule
    • Prohibits evidence obtained in violation of 4th, 5th, and 6th Amendments
    • Fruit of the Poisonous Tree, unless:
    • - independent source
    • - intervening acts of D
    • - inevitable discovery
    • - violations of knock and announce rule
  3. 2. 4th Amendment
    • a. Arrests and detentions
    • b. Searches and seizures
    • c. Admin, wiretapping, and foreign
  4. 2a. Arrests and Detentions
    • Seizure: RP would not feel free to leave
    • Arrest: PC or warrant
    • Detention:
    • - Investigatory (Terry Stop): RS supported by articulable facts
    • - Automobile: RS
  5. 2b. Searches and Seizures
    • Go See Where Drugs Exist
    • - Gov conduct
    • - Standing: REP
    • - Warrant req: PC, specificity and particularity
    • - Defense, Good Faith: reasonable reliance on facially valid warrant
    • - Exceptions to warrant requirement
  6. 2b5. Exceptions to Warrant Requirement
    • SPACES
    • - Search incident to arrest: protective sweep, automobiles
    • - Plain view: legitimately on premises, evidence of crime, in plain view, immediately apparent fruit of crime
    • - Automobile exception: PC, whole vehicle
    • - Consent: 
    • - Emergency, evanescent evidence, hot pursuit: enter w/o warrant
    • - Stop and frisk: RS of crim activity, frisk outer clothing if reasonable belief of weapon.
  7. 2c. Other Searches
    • Administrative
    • - Inspectors: warrant
    • - Public schools: reasonable search
    • Wiretapping: warrant
    • Foreign countries and border: no warrant, int. mail RS.
  8. 3. Confessions
    • a. 5th Amd privilege against self-incrimination
    • b. 6th Amd right to counsel
  9. 3a. 5th Amd. Privilege Against Self-Incrimination
    • Requirements:
    • - Custody
    • - Interrogation
    • Waiver: knowing, voluntary, intelligent
    • Invocation: all questioning must cease

    14th DP Standard: self-incrimination must be voluntary
  10. 3b. 6th Amd Right to Counsel
    • Once charges filed, prior is 5th
    • Prohibits police interrogations w/o counsel
    • Offense specific
  11. 4. Pre-Trial Identification
    • a. Substantive basis for attack:
    • - 6th Amd right to counsel: at post-charge lineup
    • - 14th Amd DPC: unnecessarily suggestive, substantial likelihood of misID
    • b. Remedy: exclusion of in-court ID
  12. 5. Pre-Trial Procedures
    • a. Preliminary Hearing: liberty can only be found with PC within 48 hours
    • b. Pretrial Detention: most states have bail unless: capital charge, flight risk
    • c. Grand Jury
    • d. Speedy Trial
    • e. Competency to Stand Trial: lacks understanding of charges & proceeding
  13. 6. Trial
    • a. Right to Fair Trial
    • b. Right to Trial by Jury: 6th for serious offenses (6 mo. in jail)
    • c. Right to Counsel: 6th, deficient performance, but for would have different results
    • d. Right to Confront Witness: 6th
  14. 7. Guilty Pleas
    • Must be voluntary: nature of charge, max penalty, and right not to plead
    • Collateral Attack: involuntary plea, lack of jx, ineffective counsel, P failed to keep plea bargain
  15. 8. Sentencing and Punishment
    • Right to counsel during sentencing
    • Cruel and Unusual: 8th, prohibits grossly disproportionate to seriousness of offense
  16. 9. Double Jeopardy
    • Jeopardy attaches after: empanelling and swearing of jury, or after first witness sworn for bench trial
    • Exceptions: hung jury, manifest necessity to abort original trial, successful appeal, D breaches plea, trial by separate sovereign

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