Crim pro Flashcards
In order to waive a trial by jury@ who must agree to the waiver?
The commonwealth@ the defendant@ and the court.
Circuit Court must be sentenced by…
the judge alone@ without the intervention of a jury.
What is the rule regarding requiring a parent be present during questioning of a minor?
Parent need not be present@ but presence of a parent/police telling minor their parent can be present is part of TOTC test.
What is the rule regarding when to Mirandize minors versus adults?
a judge must consider the age of the child in determining whether a reasonable person would have believed he was in custody or not free to leave when he made the confession.
Can the defendant offer evidence of a witness’s plea bargain/its terms when impeaching him?
Yes. A defendant has a strong right to impeach a witness including showing the witness is biased in favor of the prosecution.
Exclusive jurisdiction to conduct preliminary hearings on a charge against a juvenile is…
vested in the Juvenile & Domestic Relations District Courts.
The failure of the Juvenile & Domestic Relations District Court to hold the preliminary hearing against a juvenile is…
a jurisdictional defect that can be raised at any time.
