Crim Pro Flashcards
Guilty pleas must be ______ + ______
Judge must ensure on the record that D understands: ____________________
Remedy for not meeting the above standards = ____________________
Guilty pleas must be voluntary and intelligent
Judge must ensure on the record that D understands: (1) the nature of the charge and critical elements; (2) maximum and minimum possible penalties; (3) the right to not plead guilty; and (4) that by pleading guilty he waives the right to a jury trial
Remedy for not meeting the above standards = withdraw plea and plead anew
Harmless Error Rule (Improper Prosecutorial Comments)
Under the harmless-error rule, the appellate court should determine whether admission of the improper comment (a) was sufficiently prejudicial as to require reversal or (b) constituted only harmless error.
An improper prosecutorial comment is sufficiently prejudicial to require reversal if the comment contributed to the guilty verdict. Conversely, if the appellate court is convinced beyond a reasonable doubt that the comment did not contribute to the verdict, then the erroneous admission constitutes harmless error.*
Self-Incrimination (prosecutorial comments)
The privilege against self-incrimination prohibits the prosecution from commenting on a defendant’s failure to testify at trial. However, an improper prosecutorial comment warrants a reversal on appeal only if it contributed to the guilty conviction.
When does 5A Double Jeopardy Attach?
In jury trial - when jury is impaneled
In non-jury trial - when first witness sworn (judge begins to hear evidence)
-not during GJ or preliminary hearing
In regard to double jeopardy, what happens if a criminal charge is dismissed before trial?
Fifth Amendment double jeopardy protections attach when a jury is impaneled and sworn (jury trial) OR a judge begins to hear evidence (bench trial). But if a criminal charge is dismissed before trial, jeopardy does not attach and the prosecution can later prosecute the offense.
When police have probable cause to believe that an emergency situation exists, they can:
When police have probable cause to believe that an emergency situation exists, they can (1) conduct a warrantless search of the premises for any injured persons and continued threats and (2) seize illegal items in plain view. But once the emergency ends, the search must stop.
What does right to be tried by an impartial jury entail?
(1) jury pool selected from a fair cross-section of the community and (2) an unbiased impaneled jury
An appellate court should automatically reverse a defendant’s conviction and sentence if a ________error occurred before or during trial. These include
Structural error. These include:
(1) Biased judge
(2) Deprivation of right to counsel
(3) Attorney enters guilty plea over D’s objection
(4) discriminatory selection of jurors
exclusion of defendant form courtroom during trial
(5) Denial of public trial and/or jury trial
Improper jury instruction
Double jeopardy prohibits multiple punishments or a second prosecution for the same offense. When are two crimes considered the same offense?
Two crimes are considered the same offense when they have identical elements or when every element of one crime (eg, an underlying felony) is also an element of the other crime (eg, felony murder).
Due process requires that the prosecution prove every element of a criminal offense beyond a reasonable doubt.
What happens when the defendants asserts a defense that negates an element of the crime? What is and is not required of the prosecution?
Therefore, when a defendant asserts a defense that negates an element of the crime (eg, an alibi defense), the prosecution bears the burden of proof—not the defendant. However, the prosecution is not required to disprove an affirmative defense (eg, self-defense, duress) since it justifies or excuses the defendant’s criminal conduct but does not negate an element of the crime.
When are Miranda Warnings Required?
Miranda warnings are only required when a suspect is (1) in custody and (2) subjected to interrogation.
When is a suspect in custody?
A suspect is in custody when formally arrested or when the suspect’s freedom of movement is so restricted that a reasonable person would not feel free to terminate the encounter.
What is the Bruton Rule?
In a joint jury trial, the Sixth Amendment confrontation clause is violated when a non-testifying co-defendant’s prior statement implicating the other defendant in the crime is admitted at trial.
