Crim Pro - Miranda & Other Rights of Accused

Question 1

When does Miranda apply?

Answer 1

→ person’s Miranda Rights apply when he is in custodial interrogation…

(1) Custody, AND
(2) Interrogation

Question 2

Custody

Answer 2

“Custody” = when a reasonable person would NOT feel free to leave

*don’t need to be Handcuffed to be in Custody

Question 3

Interrogation

Answer 3

“Interrogation” = when Police says OR does something attempting to elicit an incriminating response from a person

Question 4

Do Police need to give Miranda Warning immediately?

Answer 4

= NO

Question 5

Volunteered Statements

Answer 5

= if Suspect volunteers information, NO Miranda Warning is required

Question 6

What is the Miranda Warning?

Answer 6

Miranda Warning:

1. You have the right to remain silent.
2. Anything you say may be used against you in court.
3. You have the right to an attorney.
4. If you cannot afford one, one will be provided to you.

Question 7

Invoking Right to Counsel

Answer 7

= if Suspect requests a lawyer, ALL questioning MUST STOP

Question 8

Waiver of Miranda Rights

Answer 8

= Suspect CAN waive Miranda Rights IF he…

(1) has already been read his Miranda Warning, AND
(2) waives it knowingly AND voluntarily

Question 9

Right Against Self-Incrimination

Answer 9

= Defendant can NEVER be required to testify

and Defendant CANNOT be required to make incriminating statements

BUT, Defendant MAY be required to perform physical acts (e.g., put glove on his hand, walk around to show his limp)

Question 10

Lineups & Identifications

Answer 10

= Lineups and IDs CANNOT be unnecessarily suggestive to single out person

“unnecessarily suggestive” → look at the totality of the circumstances…

E.g., the only tall guy, the only guy with a beard, the only guy with grey hair

Question 11

If there’s an out-of-court identification that’s too suggestive, but later on there’s an in-court identification that’s reliable, can any of these IDs be used?

Answer 11

= YES, only the later in-court ID that was reliable will be VALID

Question 12

What does Prosecutor vs. Grand Jury do vis-a-vis a suspect?

Answer 12

Prosecutor → CHARGES the suspect

Grand Jury → INDICTS the suspect

Question 13

Right to Counsel regarding a Lineup

Answer 13

…if Lineup is _PRIOR_ to Indictment → NO Right to Counsel

…if Lineup is AFTER Indictment → YES Right to Counsel

Question 14

When does a person have the 5th Amendment Right to Counsel?

Answer 14

= he has 5th Amendment Right to Counsel BEFORE Charges** OR **Indictment

Question 15

When does a person have the 6th Amendment Right to Counsel?

Answer 15

= he has 6th Amendment Right to Counsel AFTER Formal Charges

Question 16

Right to Effective Counsel

Answer 16

RULE: Attorney violated D’s Right to Effective Counsel IF…

(1) Attorney deviated from the norms, AND
(2) there’s reasonable probability the outcome would’ve been different

*presumption is Attorney was effective – so Burden of Proof is on Defendant

Question 17

Waiver of Right to Counsel

Answer 17

= Defendant CAN waive his Right to Counsel IF he waives it KNOWINGLY

Question 18

When during the proceedings does Defendant have Right to Counsel?

Answer 18

= at all Critical Stages of the proceeding –

Question 19

Vis-a-vis Right to Counsel, what are the Critical Stages of a proceeding?

Answer 19

“CRITICAL STAGES” of Proceeding: *generally, after Indictment

1. Post-indictment Interrogation
2. Preliminary Hearings for probable cause to prosecute
3. Arraignment (hearing when prosecution announces charges it has filed against D, and D pleads guilty / not guilty)
4. Post-charge Lineups
5. Guilty Pleas & Sentencing
6. Felony Trials
7. Misdemeanor Trials with imposed Imprisonment
8. Overnight Recess during trial
9. Appeals as a Matter of Right
10. Appeals of Guilty Pleas
11. Pleas of Nolo Contendere

Question 20

In which situations does a D NOT have a Right to Counsel (NOT critical stages of a proceeding)?

Answer 20

Situations when a D does NOT have a Right to Counsel: *generally, before Charges

1. Pre-Charge / Investigative Lineups
2. Photo IDs
3. Blood Sampling
4. Handwriting or Voice samples
5. Preliminary Hearings for probable cause to detain
6. Brief Recess during D’s Testimony
7. Discretionary Appeals
8. Parole & Probation Revocation Proceedings
9. Post-conviction Proceedings

Question 21

Shared Counsel

Answer 21

= Co-Defendants CAN Share an Attorney – UNLESS a conflict of interest** arises that would EITHER **hurt one of the D’sORaffect Attorney’s ability to represent one of the D’s

Question 22

***Undercover Officer in Jail Cell

Answer 22

***double check this

= undercover officer planted in jail cell with D and boasts about crimes he says he did – D responds by confessing his own crimes

^this is ILLEGAL → violates D’s Right to Counsel – Miranda does NOT apply here

Question 23

Guilty Plea

Answer 23

= to Plea Guilty, D must do so Voluntarily AND Intelligently such that he knows what the consequences are

Question 24

Severance

Answer 24

= if TWO Defendants are tried together, but one D will be “unfairly prejudiced”, then that D can sever the trial and be tried on his own

Question 25

Impartiality

Answer 25

= D has right to an **_UNBIASED_** _Judge_

Question 26

Competency

Answer 26

= for the trial to be fair, _D must be_ **_COMPETENT_** _enough to_ **_understand the charges_** \**MAY* give D**_MEDICATIONS_** to _help him be Competent_

Question 27

When does D have Right to Jury Trial, and what are one's Jury Trial Rights?

Answer 27

D has Right to Jury Trial _if the_ **_Offense's Sentence_** _is_ ***_longer_*** **_than 6 months_**. **Jury Trial Rights are…** 1. _Jury must be_ a **cross-section of community** (demographics) 2. **_Excluding_** _a_ **_Juror_** b/c of **race** OR **gender** _violates Equal Protection_ 3. **State trial** by _6 Jurors_ → must be **_UNANIMOUS_** 4. **State trial** by _12 Jurors_ → does ***_NOT_*** have to be unanimous 5. **Federal trial** by _12 Jurors_ → must be **_UNANIMOUS_**

Question 28

Right to Public Trial

Answer 28

= generally, D *_HAS_* _a right to Public Trial_ in all criminal trials – **UNLESS** the **Judge** has an **overriding interest in closing** _the trial to public_ \*generally, **_Press_** _CAN attend_ – EXCEPT *NOT* for a Grand Jury

Question 29

Right of Confrontation

Answer 29

= D has right to **_Confront_** _AND_ **_Cross-Examine_** _ALL witnesses_, EVEN IF that witness accused D out-of-court

Question 30

Co-Defendant Confessions

Answer 30

= a Co-Defendant's confession **can ONLY be used** against the OTHER Co-Defendant ***IF*** **he is available to testify** (b/c he'll want to cross-examine him)

Question 31

Right to Confront Out-of-Court Statements

Answer 31

= statements made outside court that would implicate the D – if it's a… _Testimonial statement_ = *_NOT_* *made during emergency* → ***NOT*** **admissible** _NON-Testimonial statement_ = *made during an _emergency_*→ ***IS*** **admissible** **“emergency” =** the circumstances related to the crime occurring

Question 32

Prosecution's Burden

Answer 32

Prosecution's Burden of Proof = **BEYOND A REASONABLE DOUBT**

Question 33

Defendant's Burden

Answer 33

Defendant's Burden of Proof = **PREPONDERANCE OF THE EVIDENCE** (+50%)

Question 34

Presumptions

Answer 34

= in a _Criminal case_, there are *_NO_* _Mandatory Presumptions_ → b/c **“violates Due Process”**

Question 35

Grand Jury

Answer 35

Grand Juries are the wild west… * Accused has _NO right to even_ **_know_** _that a_ **_Grand Jury_** _is_ **_looking into_** _evidence against_ **_him_** * Accused has _NO right to be_ **_present at Grand Jury_** * Almost ANY Evidence will be admissible… * **Exclusionary Rule** does _NOT apply_ * _CAN_ even **use illegal Evidence** to indict someone * a **Grand Jury _Witness_** has ***_NO_*** _Right to Counsel_ *_INSIDE_* _the_ **_Grand Jury room_**

Question 36

Double Jeopardy

Answer 36

= person CANNOT be tried for the SAME crime TWICE \*Double Jeopardy _does NOT apply_ to anything that **occurred** **BEFORE first trial** \*there are **EXCEPTIONS**: Trial by Separate Sovereign

Question 37

For Double Jeopardy purposes, when did a trial begin? And end?

Answer 37

= trial BEGINS (aka. **"Jeopardy Attaches"**) when… …if a **_Jury_ trial** → when **_Jury_** _is sworn in & empaneled_ …if a **_Bench_ trial** → when ***_First_*** **_Witness_** _is sworn in_ = trial ENDS when… there's a **verdict** / **final judgment** on the merits

Question 38

Trial by a Separate Sovereign

Answer 38

= can be tried in **_DIFFERENT States_** = can be tried in **_State_** *_AND_* **_Federal court_** *\*CAN'T in different Counties within same State*

Question 39

Retrial Permitted

Answer 39

= if D _successfully_ **_APPEALS a conviction_***OR*_there's a_ **_MISTRIAL_** → ***CAN*** **be retried**

Question 40

Collateral Estoppel

Answer 40

Collateral Estoppel = retrial **NOT allowed** *IF* the **_second trial**_ _**requires_** _an_ **_ELEMENT_** _that the Defendant was_ **_previously acquitted of_** #1 E.g., Jon was tried for bank robbery and found not guilty. Afterwards, a security guard who he shot and wounded during the robbery dies. Can the State now try Job for Felony Murder of the security guard? → NO, b/c trying him for Felony Murder of the security guard would require element of Robbery to be the underlying Felony, and he's already been acquitted of that #2 E.g., Jon was tried for bank robbery and found not guilty. Afterwards, a security guard who was shot and wounded during robbery dies. Can the State now try Job for Manslaughter of the security guard? → YES, b/c trying him for Manslaughter of the security guard would NOT require any of the elements from Robbery

Question 41

Cruel & Unusual Punishment

Answer 41

= the sentence must be… (1) **_proportionate_** _to the crime_, *AND* (2) **consistent** with _punishment for criminals in similar cases_

Question 42

Rights during Sentencing

Answer 42

1. Right to **Counsel** 2. Right to **Remain Silent**

Question 43

Death Penalty

Answer 43

= the _Death Penalty is_ ***_NOT_*** **_cruel & unusual_** SO LONG AS… (1) there are **procedural safeguards**… (2) to **prevent arbitrary** OR **discriminatory** **sentencing** * **_EXCEPTIONS_** _to Death Penalty_**:** * **under 18 years-old** *at time of the crime* * **mentally challenged**