Crim Pro - Guilty Pleas, 8th Amendment, and double jeopardy Flashcards

1
Q

What must a judge establish for a PLEA to be valid?

A

judge must establish that it is (“VI”)

(1) VOLUNTARY and
(2) INTELLIGENT

“Plea-Taking Colluquy” - Before accepting the plea, the judge must conduct a colluquy in open court in which she addresses on the record:

(a) the NATURE OF THE CHARGES, including required elements of the charged offense; and
(b) the CONSEQUENCES of the plea - e.g. waiver of the right to plead not guilty, waiver of the right to trial

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2
Q

When may a defendant WITHDRAW THE PLEA?

A

A D may withdraw a guilty plea after sentencing ONLY IF: (I-JIP)

(1) the plea was INVOLUNTARY

(2) There is JURISDICTIONAL DEFECT (ie wrong
court took the plea

(3) the D prevails on the claim of INEFFECTIVE ASSISTANCE of COUNSEL; OR
(4) *the PROSECUTOR fails to fulfill his or her part of the bargain (e.g. prosecutor said he would make no sentencing rec but at sentencing hearing asks for D to get the max - remedy is D gets to withdraw plea)

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3
Q

What is the standard for unconstitutional punishment under the 8th amendment?

A

8th amendment prohibition against CRUEL and UNUSUAL PUNISHMENT disallows criminal penalties that are “GROSSLY DISPROPORTIONATE” to the seriosness of the offense committed

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4
Q

What are the limits on the Death Penalty under the 8th amendment?

A

Statutory Limits: A death penalty statute would violate 8th amendment if it created an AUTOMATIC CATEGORY for the imposition of the death penalty

EVIDENTIARY REQUIREMENT - in deciding whether to impose the death penalty, jurors must be allowed to consider ALL Potentially mitigating evidence

CATEGORICAL EXCLUSIONS - 3 types of Ds

(1) mental retardation
(2) presently INSANE
(3) Ds under age of 18

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5
Q

What is “Double Jeopardy” and when does it attach?

A

Double Jeopardy is the right for a D not to be subject to same offense twice

It ATTACHES

(i) JURY TRIAL - when the jury is sworn in
(ii) BENCH TRIAL - when first witness is sworn in
(iii) GUILTY PLEA - when ct accepts the D’s plea UNCONDITIONALLY

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6
Q

Does the Double Jeopardy Clause apply to Civil Proceedings?

A

NO

e.g. if SEC prosecuted civilly for insider trading, US atty CAN later prosecute same individual for securities fraud without implicating double jeopardy

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7
Q

Double Jeopardy “SAME OFFENSE” Requirement

A

FEDERAL RULE: two offenses are NOT the “same offense”for purposes of the double jeopardy clause if each contains an element the OTHER does not

***NY APPROACH: - the “transaction test” - requires that D be charged with all offenses
arising from any single transaction UNLESS
“Even ED Plays Dead”
(1) the offenses have SUBSTANTIALLY DIFFERENT ELEMENTS
(2) each offense contains an ELEMENT not in the other AND prevents DIFFERENT HARMS
(3) one is for criminal POSSESSION and the other for USE, or
(4) each offense involves harm to a DIFFERENT VICTIM

note: greater and “lesser-included” offenses - these count as “same offense” - so can’t charge someone with auto theft then try and charge them for”joyriding” when joyriding is just “auto theft” minus the element to permanently deprive

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8
Q

Double Jeopardy and the “same sovereign” requirement

A

Double Jeopardy bars retrial for the same offense by the SAME SOVEREIGN ONLY

states and municipalities within them ARE THE SAME SOVEREIGN

but state and federal govt are not same, and neither are different states

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9
Q

4 EXCEPTIONS to the Double Jeopardy Rule that permit RETRIAL

A

HAM-B

(1) A HUNG JURY
(2) a mistrial for MANIFEST NECESSITY (e.g. defect was found in indictment during trial that could not be cured by amending it)
(3) A SUCCESSFUL APPEAL, unless the reversal on appeal was based on the INSUFFICIENCY OF THE EVIDENCE presented by prosecution at trial; or
(4) a BREACH OF THE PLEA AGREEMENT by the Defendant

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