Crim Pro Flashcards

Question

Invoking the Right to Remain Silent

Answer 1

If the defendant says she does not want to talk, the interrogation must cease. - must be affirmatively invoked; not enough to just remain silent After a substantial period of time, police can go back to the suspect, give warnings again, and seek to talk to her

Answer 2

Must be affirmatively invoked - "I want a lawyer," not "I think I should talk to somebody" Once invoked, all questioning must stop until either: - the lawyer is present; or - the defendant reinitiates contact with the police (Exception: break of more than 2 weeks between first and second interrogation. Can re-Mirandize and look for waiver)

Answer 3

When public safety is at risk, the police do not have to give Miranda warnings before questioning

Answer 4

A confession must be voluntary Statements obtained by threats, even after warnings, are inadmissible Confessions CAN BE the product of deceit and still be voluntary and admissible

Answer 5

1. Involuntarily Obtained Statements - never admissible against a defendant - evidence obtained as the result of an involuntary statement is fruit of the poisonous tree and is not admissible 2. Miranda Violation Statements - inadmissible in prosecution's case in chief - can be admitted for impeachment purposes to challenge credibility - evidence obtained as a result of a voluntary statement taken in violation of Miranda is admissible

Answer 6

In addition to the Fifth Amendment right to counsel for custodial interrogations, the Sixth Amendment explicitly provides a criminal defendant with "the assistance of counsel for his defense"

Answer 7

Sixth: - automatically attaches once there have been formal charges, unless knowingly and intelligently waived - offense-specific. Defendant only has right to counsel with regard to offenses for which he has been charged (can be questioned with respect to unrelated charges) Fifth: - must be affirmatively invoked - applies to custodial interrogations for any charge

Answer 8

To all felony prosecutions and to any misdemeanor prosecutions in which jail time or suspended jail sentence is imposed to all critical stages of prosecution

Answer 9

Photo arrays and lineups Photo arrays: neither the defendant has the right to be present, but police must turn over the array to the defendant Pre-Indictment Lineups: no right to counsel Post-Indictment Lineups: Right to have counsel present. If violated, evidence must be excluded

Answer 10

Court, upon defendant's motion, may suppress if lineup was impermissibly suggestive If the prosecution can establish by clear and convincing evidence that the witness would have identified the defendant without the suggestive lineup, the court will permit the in-court identification even if it suppresses the result of the lineup

Answer 11

Illegally obtained evidence, either physical evidence obtained by an illegal search or a statement obtained through an illegal interrogation, is inadmissible at the criminal trial of the person whose rights were violated - Applies at trial and not to pretrial proceedings

Answer 12

A defendant cannot raise a violation of anyone else's constitutional rights Exception: passengers are deemed to have been seized when the driver is arrested, so they can challenge the constitutionality of the stop

Answer 13

1) Knock and Announce 2) Inevitable Discovery 3) Independent Source 4) Attenuation in the Causal Chain 5) Good Faith 5 1/2) Isolated Negligence by Law Enforcement Personnel

Answer 14

Although officers executing an arrest warrant at a residence are required to knock and request admission, if they fail to do so and discover evidence, that evidence is admissible

Answer 15

If the evidence would have been discovered anyway through lawful means, it will be admissible

Answer 16

Relevant evidence discovered on the basis of an independent source will be admissible

Answer 17

Intervening events and the passage of time can remove the taint

Answer 18

When officers act in good faith reliance on either 1) an existing law that was either later declared unconstitutional or 2) a warrant that, while facially valid, is later found to be defective, the evidence obtained may still be used Unless warrant: - not obtained by fraud - not defective on its face - magistrate did not wholly abandon his judicial role

Answer 19

Isolated negligence by law enforcement personnel does not necessarily trigger the exclusionary rule

Answer 20

Under the Fifth Amendment's Presentment Clause, all felony charges must be initiated by indictment unless the defendant waives indictment - Shows probable cause (has not be incorporated to the states, so states have choice of grand jury indictment or information)

Answer 21

Grand juries can consider evidence that involves hearsay or has been obtained in violation of the Constitution - held in secret - majority vote (not unanimous) Prosecutors: no duty to present exculpatory evidence to grand jury Defendants: no right to appear before grand jury or call witnesses Witnesses: no right to bring counsel within grand jury room

Answer 22

The Eighth Amendment forbids the setting of excessive bail, but does not state outright that bail must be offered pending trial General rule: Bail available unless defendant poses a flight risk or danger to the community

Answer 23

A majority of defendants do not go to trial; the charges are either dismiss or the defendant pleads guilty A guilty plea waives the various rights a defendant would otherwise have - valid if defendant knowingly and intelligently waives these rights Plea allocution, judge: - informs defendant and rights and ensures understanding - informs defendant of possible sentences - makes sure there is a factual basis for the plea - determines that plea did not result from improper force, threats, or promises

Answer 24

The Sixth Amendment provides a right to jury trial for all serious offenses, providing he asks for it. Serious offenses are those for which the authorized punishment is more than six months

Answer 25

Federal: Criminal case must have 12 members and must decide the case unanimously States: Can use juries of 6 or more in criminal cases If a state uses 12 members, the juries do not have to be unanimous

Answer 26

1. Jury Pool - fair cross-section of the community from which no distinctive group is excluded 2. Voir Dire - For-Cause Challenges: jurors can be removed for cause when they reveal something that will prevent them from deliberating fairly. Limitless challenges. - Peremptory Challenges: can be made for anything. Statutorily limited. Cannot challenge on the basis of race or sex (Batson doctrine)

Answer 27

Defendants can be injured by the passage of time between an alleged crime and their trial - Due Process Clause: protects against pre-accusation delay (relatively toothless, SOL) - Speedy Process Clause of the Sixth Amendment: protects against delay between arrest/indictment and triaal

Answer 28

- Length of Delay - Reason for Delay - Whether the defendant asserted his right to a speedy trial - Prejudice to the defendant

Answer 29

The Sixth Amendment and First Amendment, taken together, protect the rights of the defendant (Sixth) and the public (First) to attend public trials - some discretion to close proceedings if substantial likelihood of prejudice or unfairness

Answer 30

The Sixth Amendment guarantees defendants the right to confront the witnesses against them, as well as the right to compulsory process to produce their own witnesses

Answer 31

If a statement is testimonial then the Sixth Amendment bars admission of the statement if: - The declarant is unavailable; and - The defendant had no prior opportunity to cross-examine the witness

Answer 32

A defendant's own statements are always admissible against him (even if defendant does not testify at trial) If there are co-defendants, a non-testifying co-defendant's statements are inadmissible against the co-defendant

Answer 33

The defendant has the right to testify on his own behalf. He also has the right to compulsory process to obtain witnesses in his defense

Answer 34

The prosecution must prove every element of the crime beyond a reasonable doubt - The government can place the burden of proof with regard to affirmative defenses on the defendant

Answer 35

The Due Process Clause requires that judges possess neither actual nor apparent bias Actual bias consists of interests that would impair the judge's impartiality

Answer 36

1) Turn over all materially exculpatory evidence to the defense (Brady Doctrine) (includes evidence that tends to show innocence or would enable the defense to impeach the prosecution witnesses) 2) May not knowingly present false testimony 3) May not contact a defendant outside the presence of his counsel 4) May not comment on defendant's failure to testify at trial or make unfair remarks about the defendant to the jury

Answer 37

Prosecutorial conduct that has a reasonable possibility of affecting the verdict may require a mistrial or reversal of a conviction - other forms may result in discipline to prosecutor but generally does not result in any consequence for a defendant

Answer 38

The Supreme Court has held that the Sixth Amendment not only guarantees defendants the right to assistance of counsel, it also guarantees them effective assistance f counsel

Answer 39

Joint Representation: when a lawyer represents several defendants, problems may arise because of the possibility of divided loyalty - judge must warn the defendants of risks of joint representation when there is an actual conflict - judge can decide not to allow joint representation If a conflict of interest actually affects counsel[s behavior, there is a presumption of prejudice - defendant may obtain a new trial

Answer 40

1. Performance: defense counsel's performance must meet objectively reasonable conduct 2. Prejudice: deficient performance prejudiced the defendant. There is a reasonable probability that, had counsel performed effectively, the result would have been different

Answer 41

Defendants who can afford retained counsel are entitled to the counsel of their choice as long as the lawyer is: - properly admitted in the jurisdiction; - available for trial; and - there is not conflict or other reason to disqualify the lawyer Denial of the retained counsel results in reversal of conviction

Answer 42

Defendants are entitled to waive the right to counsel and to represent themselves A defendant who proceeds pro se does not have a constitutional right to a "back-up" lawyer

Answer 43

1. Length of Prison Sentences 2. Capital Punishment 3. Other Types of Sentences or Punishment

Answer 44

The Supreme Court has given the government free rein to authorize virtually any length sentence for virtually any crime Exception: juveniles cannot be sentenced to life without parole for non-homicide crimes

Answer 45

In cases that involve an actual individual victim, the Supreme court has held that capital punishment can be imposed only in cases in which the victim dies Cannot be imposed on: - defendants who were under the age of 18 when they committed the crime - mentally retarded defendants - defendants who are insane at the time of execution

Answer 46

The Eighth Amendment also prohibits the imposition of cruel or unusual/degrading punishments as well as excessive. You must have been convicted of a crime for the Eighth Amendment to apply. - extended to protect degrading things from being done to prison inmates (including denial of medical treatment and use of hitching posts)

Answer 47

Protects against: 1) Prosecution for the same offense after acquittal 2) Prosecution for the same offense after conviction 3) Multiple prosecutions or punishments for the same offense

Answer 48

Blockburger Test: Asks whether each statutory provision requires proof of an element that the other does not Same Victim Test: Offenses with different victims are separate offenses for double jeopardy purposes. Killing two victims with one shot can be prosecuted as two separate crimes Separate Sovereigns Rule: If two different sovereigns have jurisdiction over the crime committed, they can each try the defendant separately

Answer 49

Attaches when jury is sworn in, or in bench trial, when first witness is sworn in Acquittal: if jury acquits the defendants, it is the end of the case and the defendant cannot be tried by the same jurisdiction for the same offense Conviction: if the jury convicts the defendant and he appeals, he can be retried unless the reversal was based on insufficiency of evidence Mistrials: - Manifest necessity: can be retried (jury deadlocked/defense misconduct) - No manifest necessity: defendant cannot be retried by that jurisdiction

Answer 50

(Sixth Amendment) Defendant is entitled, as a matter of Constitutional law, to have the jury decide by proof beyond a reasonable doubt, all of the elements necessary to impose a particular criminal punishment Exception: Sentence enhancement based on prior criminal convictions need not be charged in the case that results in the higher sentence