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(MBE) Crim > Crim Pro - Miranda & Other Rights of Accused > Flashcards

Crim Pro - Miranda & Other Rights of Accused Flashcards

1
Q

When does Miranda apply?

A

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

(1) Custody, AND
(2) Interrogation

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2
Q

Custody

A

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

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

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3
Q

Interrogation

A

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

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4
Q

Do Police need to give Miranda Warning immediately?

A

= NO

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5
Q

Volunteered Statements

A

= if Suspect volunteers information, NO Miranda Warning is required

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6
Q

What is the Miranda Warning?

A

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.
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7
Q

Invoking Right to Counsel

A

= if Suspect requests a lawyer, ALL questioning MUST STOP

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8
Q

Waiver of Miranda Rights

A

= Suspect CAN waive Miranda Rights IF he…

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

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9
Q

Right Against Self-Incrimination

A

= 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)

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10
Q

Lineups & Identifications

A

= 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

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11
Q

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?

A

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

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12
Q

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

A

Prosecutor → CHARGES the suspect

Grand Jury → INDICTS the suspect

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13
Q

Right to Counsel regarding a Lineup

A

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

…if Lineup is AFTER Indictment → YES Right to Counsel

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14
Q

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

A

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

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15
Q

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

A

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

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16
Q

Right to Effective Counsel

A

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

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17
Q

Waiver of Right to Counsel

A

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

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18
Q

When during the proceedings does Defendant have Right to Counsel?

A

= at all Critical Stages of the proceeding –

19
Q

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

A

“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
20
Q

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

A

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
21
Q

Shared Counsel

A

= 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

22
Q

***Undercover Officer in Jail Cell

A

***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

23
Q

Guilty Plea

A

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

24
Q

Severance

A

= 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

25
Q

Impartiality

A

= D has right to an UNBIASED Judge

26
Q

Competency

A

= for the trial to be fair, D must be COMPETENT enough to understand the charges

*MAY give DMEDICATIONS to help him be Competent

27
Q

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

A

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
28
Q

Right to Public Trial

A

= 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

29
Q

Right of Confrontation

A

= D has right to Confront AND Cross-Examine ALL witnesses, EVEN IF that witness accused D out-of-court

30
Q

Co-Defendant Confessions

A

= 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)

31
Q

Right to Confront Out-of-Court Statements

A

= 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

32
Q

Prosecution’s Burden

A

Prosecution’s Burden of Proof = BEYOND A REASONABLE DOUBT

33
Q

Defendant’s Burden

A

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

34
Q

Presumptions

A

= in a Criminal case, there are NO Mandatory Presumptions

→ b/c “violates Due Process”

35
Q

Grand Jury

A

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
36
Q

Double Jeopardy

A

= 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

37
Q

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

A

= 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

38
Q

Trial by a Separate Sovereign

A

= can be tried in DIFFERENT States

= can be tried in State AND Federal court

*CAN’T in different Counties within same State

39
Q

Retrial Permitted

A

= if D successfully APPEALS a convictionORthere’s a MISTRIAL

→ CAN be retried

40
Q

Collateral Estoppel

A

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?

Collateral Estoppel = retrial NOT allowed IF the second trial** **requires an ELEMENT that the Defendant was previously acquitted of

→ 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

→ YES, b/c trying him for Manslaughter of the security guard would NOT require any of the elements from Robbery

41
Q

Cruel & Unusual Punishment

A

= the sentence must be…

(1) proportionate to the crime, AND
(2) consistent with punishment for criminals in similar cases

42
Q

Rights during Sentencing

A
  1. Right to Counsel
  2. Right to Remain Silent
43
Q

Death Penalty

A

= 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

(MBE) Crim (8 decks)

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