Crim Law/Pro

Question 1

Due Process

Answer 1

protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to prove beyond a reasonable doubt all of the elements included in the definition of the offense of which the D is charged

Ensures that the burden to prove every element of the charged offense beyond a reasonable doubt lies w/ the prosecution. Shifting the burden to the D to prove any element of the offense is unconstitutional under due process regardless of whether the burden of proof is preponderance of the evidence, clear and convincing evidence, or beyond a reasonable doubt. Shifting the burden is unconstitutional, irrespective of the level of proof required

demands that the prosecution maintain the burden of proving each and every element of the charged offense beyond a reasonable doubt

Including lack of consent as laid out in the statute

Question 2

Miranda warnings

Answer 2

required before interrogation when a person is in police custody for the following statements to be admissible

Question 3

Custody

Answer 3

when a reasonable person does not feel free to leave

Question 4

Armed robbery

Question 5

Transactional immunity

Answer 5

completely protects the witness from future prosecution for crimes related to his or her testimony

Question 6

Use & derivative use immunity

Answer 6

Narrower than transactional immunity.

Prevents the prosecution only from using the witness’s own testimony or any evidence derivative from the testimony against the witness

Question 7

Compel production of documents

Answer 7

A grand jury may compel the production of documents when (and only when) the suspect is given immunity from the act of production,

and this answer provides that the suspect would be receiving use and derivative use immunity from act of production

a grand jury may issue a subpoena demanding the production of a document that has testimonial significance when the suspect is granted some type of immunity

Question 8

murder

Answer 8

The premeditated and intentional killing of another or the killing of another during the commission of a rape, robbery, burglary or arson

Question 9

felony murder

Answer 9

killing of another or the killing of another during the commission of a rape, robbery, burglary or arson

underlying intent to commit the felony