con crim pro – double jeopardy and exclusionary rule

Question 1

double jeopardy

what is the basic understanding of double jeopardy

Answer 1

no person shall be subject for the same offense to be twice put in jeopardy of life or limb

Question 2

double jeopardy

what is the idea of separate sovereignty

Answer 2

federal government is a sovereign that is separate and distinct from the states; state is free to prosecute accused for state crimes based on the same underlying conduct seen in the federal charge

Question 3

exclusionary rule

what is the basic understanding of the exclusionary rule

Answer 3

prohibits introduction of evidence obtained in violation of defendant’s 4th, 5th, and 6th Amendment rights

Question 4

exclusionary rule

what is the independent source doctrine

Answer 4

evidence is admissible if the prosecution can show that it was obtained from a source independent of the original illegality

(i.e., 4A does not require suppression of evidence discovered during an impermissible search if that evidence is later gathered during a subsequent search pursuant to a valid warrant that is wholly independent of the previous illegality)

Question 5

exclusionary rule

what is the inevitable discovery doctrine

Answer 5

an argument to be made to get suppressed evidence in, even though it was obtained through unlawful procedure