crim pro Flashcards
1
Q
Search & Seizure flow chart
A
gov’t action +
2
Q
Which constitutional amendment prohibits double jeopardy
A
5a
3
Q
intent of double jeopardy clause and how it accomplishes it
A
- prevent undue harassment & expense
- by eliminating risk of d being punished twice for same offense
4
Q
when is a permissive presumption allowed in criminal proceedings
A
- ONLY when
- rational connection b/w prosecution’s proof of basic fact & jury’s inference of ultimate fact or element of crime
5
Q
what is required of fact that increases the penalty for a crime beyond prescribed statutory maximum
A
- submitted to jury
- proved brd
6
Q
are a d’s sixth amendment rights violated when a sentencing judge enhances a sentence based on facts neither admitted by defendant nor found by a jury, where right to jury not waived?
A
yes
