Criminal Procedure 1 Flashcards
Exclusionary rule / trial / pretrial / sentence punish / plea bargains
Fruits of Poisonous Tree Doctrine
evidence found b/c of illegally obtained evidence excluded
UNLESS balance chance of deterring police misconduct against value of evidence
Exceptions to Fruit of Poisonous Tree Doctrine
Independent source
Attenuation (intervening act/circumstance)
Inevitable discovery by police
Live Witness Testimony
In-Court ID
Violation of no-knock entry rule
Good Faith reliance on defective search warrant
Use of Evidence to Impeach
Outside scope of fruit of poisonous tree doctrine
-civil proceedings
-grand jury
-proceeding to revoke parole
-violation of state law / internal agency rule
3 INs fruit of poisonous tree exceptions
-INdepenant souce
-INtervening act of free will by D
-INevitibile discovery
rule applied to VIOLATIONS of exclusionary rule
Harmless error (overturn on appeal UNLESS gvmnt can show error was harmless)
when can use evid found from volunt confession which violated miranda
impeach d but not impeach others
Speedy trail, when does right attach
if D has been arrested or charged, right attaches
Speedy Trial (how to gauge, when attach, remedy)
Under totality of circumstances, court will consider LRAP:
LENGTH of delay / REASON for delay / did d ASSERT rights / PREJUDICE to D
attaches on arrest or charging
remedy for violation: dismissal w/ prejudice
Grand Jury
Not required of States (but some put it in const.)
Secret proceeding,
Broad Subpoena Power (quash only if no reas. poss. material sought relevant to GJ investigation)
If GJ find Prob. Cause, they issue a true bill
Grand Jury, what rights D doesn’t have
Counsel
Miranda Warnings
Warnings that witness is potential D
Can’t challenge PC for subpoenas
Can’t exclude evidence that would be inadmissible at trial
Exclusionary Rule
Evidence obtained in violation of defendant’s Fourth, Fifth, or Sixth Amendment rights generally will be excluded to deter government violation of constitutional rights
Preliminary Hearing
Hearing to determine probable cause (must be w/in reasonable time (48 hours))
Not req. if PC already found (like grand jury or arrest warrant)
Initial Appearance
Soon after arrest
D told of charges, bail set, appointment if counsel if needed
Bail
In Fed prosec. right to bail under due process clause
Not req. of states (unless they say so in Constitution)
When right to bail exists
–>excessive bail viol. 8th AM
–>unfair procedures violate due process
Brady Violations
Gvmnt must disclose exculp. evid
Failure = DP violation if
RP trail result would have been different if
undisclosed evidence had been presented at trial
Competency to Stand Trial (standard, timing, who must raise, burden to prove)
Time of trial
Standard:
D lacks rational/factual understanding of charges and proceedings
OR
D lacks ability to reasonably consult with a lawyer
Trial judge has duty to raise if no one else does
Burden to prove may be placed on D
D can be committed short term, but for longer need same procedure as you would for normal commitment
Pretrial Publicity
Excessive prejudicial publicity may —> need new venue
Right to Public Trial
6th and 14th Am provide right
PC hearing presumably open to public
Suppression hearings open w/ exceptions
Suppression Hearing
Open Unless
court makes FINDINGS to support closure
other reasonable ALTERNATIVES were considered
closure no BROADER than necessary
party seeking closure has OVERRIDING interest
Right to Jury
6th Am right for serous offenses - imprisonment more than 6 months; civil contempt (no right)
guilty plea = waived right to jury trial
Right to Jury (#, unanimity, cross-section)
At least 6 jurors, verdict unanimous
D can complain even if not in excluded group
Preemptory challenge cannot be used in discriminating manner
-if D shows fact/circ. raising INFERENCE of prejudice
-P must give RACE/SEX neutral explanation
-Judge determine P’s SINCERITY
(defendants are similarly limited)
Right to Impartial Jury
Right to Q on racial prejudice if race inexplicably bound up
Opposition to death penalty - may be excluded if view would prevent or substantially impair performance of duty
Right to Counsel (remedy if violated, waiver)
- denial at trial requires reversal
- Denial of right at non-trial proceedings = harmless error standard (reversal unless harmless error)
- Waiver valid if voluntary and intelligent (D needs factual and rational understanding of proceeding)
Effective Assistance of Counsel
- part of 6th Am right
-Effectiveness presumed
-Ineffective if (deficient performance and but for deficiency, result would have been diff)
-trial tactics does not equal ineffective
-to argue it was bad you must give specifics
Ineffective Assistance: Conflict of Interest - rep. multiple clients
-may be basis for reversal
-no right to joint representation
Right to Confront Witnesses
Not absolute (ie disruptive defendant)
Co-Defendant’s confession, Prior Testimonial Statement of Witness Inadmissible (exceptions)
Right to Confront Witnesses - CoDefendant’s Confession
Confession implicating Co-D Prohibited, unless
-references to D can be excised; or
-Confessing D takes stand and subjects himself to Exam
Right to Confront Witness - Prior Testimonial Statement of Witness
Inadmissible unless:
Witness unavailable to testify (not through fault of D)
AND
Defendant Had opportunity to X exam witness when statement was made
Prior Testimonial Statement, define Testimonial
at minimum includes: testimony from prelim hearings, grand jury hearings, former trial, police interrogation
1) Police interrogation not testimonial if purpose of Q was to respond to ongoing emergency
2) results of forensic test testimonial if offered to prove truth of testing
Burden of Proof in Criminal Proceedings
Beyond Reasonable Doubt
Shift Burden from P to D violates 14th Am due process
Guilty Plea (req / remedy/ judge must do what?)
Voluntary, Intelligent (unfairly informed defendant not bound by plea)
Judge personally address D on record to make sure D knows
NATURE of charge and crucial elements
MAXIMUM possible charge and mandatory minimum
Right NOT TO PLEAD guilty
PLEA waives right to trial
Bases for attack on guilty plea
involuntary
court lacked JD
Ineffective assistance of counsel
failure of prosecutor to keep plea bargain
(note, D can’t withdraw plea if it was an intelligent choice among alternatives)
Constitutional Rights for Sentence and Punishment
Counsel - yes
Confrontation - no (exceptions: death penalty / magnified sentence baes on new facts)
Resentencing after D’s Successful Appeal
If judge give greater punishment, must show why on record
if de novo trial or jury trial, dosen’t apply
Substantive rights regarding punishment
8th Am prohibits C/U punishment (grossly disproportional to offense)
Death penalty
only ok for murder and felony murder if accomplice participated in major way and acted with reckless disregard to value of human life
Statutory scheme must give fact finder reasonable discretion/ info /guidance in making decision, statute cannot be vague
