Crim Pro

Question 1

What sort of case gets a 6A right to trial

Answer 1

For serious offenses: punishable by up to 6m in jail

Question 2

Exclusionary Rule, result re: evidence, and exceptions

Answer 2

Evidence in violation of 4,5, 6A is inadmissible (does NOT count Miranda violations).
Evidence gained as part of C violations is inadmissible as fruit of poisonous tree.
EXCPETIONS to poisonous tree fruit doctrine::
- Miranda violations–different rule, only for impeachment of D or if physical evidence
-independent source for same info makes it inevitable the info would be found w/o
-attenuated causal chain: passage of time or intervening actor
-good faith: if cop relied on good faith existing law later declared unC, or on defective warrant

Question 3

What does double jeopardy protect against?

Answer 3

Prosecution for the same offense after:
-acquittal
-conviction
-AND multiple prosecutions OR punishments for same offense (not ciivil tho)
double jeopardy attaches after jury is sworn in but before

Question 4

what is a motion for judgment of acquittal and when must it be made?

Answer 4

• says that no reasonable jury could find D guilty–each element BRD
• made after close of ALL evidence