5th Amendment

Question 1

Brady Rule Case Definition Essential components

Answer 1

Brady v. Maryland (1963)

Issue: Prosecutor’s failure, on request, to turn over evidence favorable to accused violates due process where evidence is material to either guilt or punishment.

Essential components:
1. Favorable to accused (exculpatory or impeachment)
2. Willful or inadvertent withholding
3. Prejudice (materially)
4. Material if it would undermine the validity of the verdict.

Question 2

Jencks Act disclosure Relevant factors to consider

Answer 2

1. No connection between prior statements and prior testimony need be established before disclosing prior statements
2. Once defendant has requested, required to disclose if related to subject matter of testimony In camera to determine whether pertaining to testimony
3. Can redact if not related If prosecution turns over, witness’s testimony is stricken or mistrail declared where appropriate.

Question 3

Jencks - Categories of disclosure required

Answer 3

1. Written statement made by witness or otherwise adopted and approved
2. Substantially verbatim contemporaneously recorded recital of witness’s oral statement (including statements by police as interviewing witness)
3. Statements to grand jury, however recorded, or transcription thereof

Question 4

Prosecution’s duty to preserve evidence Cases most frequently cited Relevant rules

Answer 4

1. CA v. Trombetta (1984) - Evidence expected to play a material role
2. Exculpatory value apparent before and after destruction
3. Materiality - whether it under minds confidence in verdict
4. Arizona v. Youngblood (1988) - In absence of bad faith, failure to preserve potentially useful evidence does not impact due process.

Question 5

Fifth Amendment against self-incrimination 3 elements Type of protected statement

Answer 5

CUST
1. Compulsion by state
2. Use in criminal case
3. must be witness against himSelf
4. Testimonial in nature

Question 6

Exculpatory no doctrine What is it? Which landmark case abolished?

Answer 6

1. Cannot perjure oneself by claiming you didn’t do it.
2. Abolished in Brogan v. US (1988) -
3. Now must remain silent to avoid perjury.

Question 7

Types of immunity for giving testimony

Answer 7

1. Transactional - no prosecution for any transaction discussed. Broadest form of immunity.
2. Use/derivative use - no use of testimony but can still be prosecuted.

Question 8

Waiver of Fifth Amendment privilege. When is it lost?

Answer 8

1. Waiver must be explicit or implicit by giving testimony inconsistent with retention.
2. Can lose privilege permanently if not invoked.

Question 9

Miranda doctrine Elements considered for custody

Elements for interrogation

Answer 9

PAPICA
1. Purpose of investigation
2. Awarness of freedom to leave
3. Place and length
4. Initiated how and by whom
4. Coercive tactics used
5. Atmosphere

Interrogation - done with purpose of eliciting incriminating response, “express questioning or its functional equivalent,” coercion and susceptibility thereto.

Question 10

Exceptions to Miranda requirement:

Answer 10

1. Booking
2. Public safety
3. Testimony before grand jury