Crim Law/pro Flashcards
Trial and Post Trial Rights
What kind of evidence may the grand jury consider?
Any kind of evidence, even if not admissible at trial
A grand jury is not deciding guilt or innocence, only if there is probable cause to go to trial
Trial and Post Trial Rights
Double jeopardy attaches to:
convictions, acquittals, and evidence of prosecutorial misconduct
Trial and Post Trial Rights
When charges can be brought in a single trial but a D consents to separate trials, will there be a double jeopardy violation?
No
Trial and Post Trial Rights
When a jury is of 6 and not 12, the verdict must be:
Unanimous, unless the parties stipulate otherwise
Arrest,Search, Seizure
Police are allowed to conduct aerial surveillance but they can only use:
Their eyes or tools available to the general public (binoculars, etc)
If probable cause causes police to believe there are drugs/contraband/instrumentalities in the car, it justifies search of:
the entire vehicle including closed containers & trunk
An officer may stop a person w/o probable cause for arrest if they have:
A reasonable and articuable suspicion that criminal activity is afoot
If police reasonably belief a suspect is armed and dangerous, they are permitted to conduct:
A protective frisk
The scope of the frisk is limited to:
a pat down to the outer layer of clothing for weapons, however the officer may seize any item if she determines that it is contraband based on plain feel.
Miranda (is/is not) offense specific
Is Not
Once you evoke your right t counsel, all questinoning must stop, even about unrelated crimes
A suspect must know they are being interrogated by:
Law enforcement
If suspect confesses to an informant, it will be admissible if the suspect doesnt know the informant is working for the police.
