Criminal Defendant's Rights: Criminal Prosecution Flashcards
Double Jeopardy
Two crimes are not the same offense if EACH CRIME REQUIRES PROOF OF AN ELEMENT THAT THE OTHER DOES NOT
Each crime must be established by SEPARATE AND DISTINCT FACTS presented as evidence at trial
Privilege Against Compulsory Self-Incrimination
No person, in any criminal prosecution, shall be compelled to testify against himself
Involuntary Confession
Confession obtained by police officer that misleads or deceives a suspect in custody as to evidence against the suspect is NOT NECESSARILY INVOLUNTARY under the totality of the circumstances test
Prohibition on Extreme Instance of Mistreatment and Abuse
Only prohibits EXTREME instances of mistreatment and abuse
Right to Bail
Exists for crimes other than murder and treason
Bail for Defendant Charged with Murder or Treason
(1) State bears burden showing proof is evident or presumption is strong
(2) State must present evidence that D more likely than not committed the crime of murder or treason
(3) D must be allowed to present rebuttal evidence
Habitual Offender Enhancements
Enhancement of a habitual offender’s sentence is judged on the bases of the:
(1) Nature and gravity of the PRESENT OFFENSE; and
(2) Nature of the PRIOR OFFENSES
Penalties Not Based on Prior Offenses
Must be graduated and proportioned to the NATURE OF THE OFFENSE
Jury Instructions
Judge has right to advise jury as to the law applicable in a criminal case
No Jury Nullification
No right of the jury to disregard the law
Right to Jury Trial in Civil Cases
Extends only to actions at COMMON LAW
DOES NOT INCLUDE EQUITABLE ACTIONS
When a claim or cause of action or any essential part thereof invokes the equitable jurisdiction of the court, the entire action is tried as an equitable action
