Crim Pro

Card Set Information

Author:
Anonymous
ID:
55038
Filename:
Crim Pro
Updated:
2010-12-11 16:54:46
Tags:
criminal procedures exam
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Description:
factors and such
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  1. Trial Guarantees
    • 1. speedy and public
    • 2. impartial jury
    • 3. assistance of counsel
    • 4. right to be present
    • 5. right to confront witnesses
    • 6. right to remain silent/testify
    • 7. presumed innocent
  2. Speedy trial balancing test
    • 1. length of delay
    • 2. reason for delay
    • 3. D assertion of right
    • 4. prejudice to D
  3. duty to disclose evidence that is:
    • 1. favorable
    • 2. material
    • 3. goes to guilt/innocence
  4. Pre-trial ID reliability factors
    • 1. opprotunity to view D in act
    • 2. witness attention
    • 3. accuracy of description
    • 4. level certainity demonstrated
    • 5. time b/t crime and confrontation
  5. subsequent in court id factors
    • 1. observation of crim act
    • 2. description of discrepancies
    • 3. ID someone else in lineup
    • 4. picture to ID b4 lineup
    • 5. previous failure to ID
    • 6. time b/t act and lineup
  6. discriminatory preemptory challenge factors
    • 1. D member of cognizable group
    • 2. P excluded members of that group
    • 3. ToC infers discrimination
    • 4. no neutral explanation
  7. Pre-trial ID excluded if
    • 1. impermissibly suggestive, AND
    • 2. unreliable
  8. ineffective counsel factors
    • 1. experience
    • 2. tactics = incompetent action
    • 3. D prejudiced
    • 4. ineffectiveness caused by factors ouside counsel's control
  9. critcal stages of criminal process
    • 1. prelim hearing
    • 2. interrogation
    • 3. lineup/show up
    • 4. trial
    • 5. sentencing
    • 6. plea
    • 7. 1st appeal
  10. ineffective counsel test
    • 1. seriously deficient performance
    • 2. prejudice (reasonable probability diff outcome)
  11. per se prejudice (ineffective counsel)
    • 1. total denial of counsel
    • 2. no meaningful adversarial testing
    • 3. even competent counsel couldn't have done that
  12. elements of competence
    • 1. investigation
    • 2. presentation
  13. consent of client required for:
    • 1. testify or not
    • 2. pleading guilty
    • 3. jury or bench trial
    • 4. appeal
  14. self representation
    • 1. warned of consequences
    • 2. waiver was voluntary, competent, and unequivocal

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