Crim pro intro

Question 1

Burden of proof

Answer 1

1. Elements of the crime: the prosecution must prove each and every element beyond a reasonable doubt
   a. Therefore juries cannot be instructed to presume mental state if they find that ∆ commited the acts necessary

Question 2

4th amendment, 5th and 6th amendments

Answer 2

o 4th amdt—search and seizure, warrant reqs and exceptions

o 5th amendment—Miranda, confessions, right to counsel, DP

o 6th amdt—right to counsel/ confront accusers

o 4th you are a suspect, if suspicion rises to level of being arrested you go to 5th amendment, if you are formally charged, you are now in 6th amendment. once youre convicted, 8th amdt matters

Question 3

4th amdt

Answer 3

a. 4th amendment prohibition against unreasonable S&S , and exclusionary rule

Question 4

5th amdt

Answer 4

b. 5th amdt privilege against compulsory self-incrimination

c. 5th amdt prohibition on double jeapordy

Question 5

6th amdt

Answer 5

d. 6th amdt right to speedy trial
e. 6th amdt right to public trial
f. 6th amdt right to trial by jury
g. 6th amdt right to confront witnesses
h. 6th amdenment right to ocmpulory process for obtaining witnesses
i. 6th amendment right to assistance of counsel in felony and misdemeanor if prison imposed

Question 6

8th amdt

Answer 6

j. 8th amdt prohibition on cruel and unusual punishment