Criminal Procedure Flashcards

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1
Q

Custody

A

Custody is a formal arrest or restraint on freedom of movement associated with a formal arrest. Whether a suspect is in custody is detremined by how a reaosnable person in suspect’s situation would percieve his circumstances. In assessing the Qof custody, courts considder the circumstances surrounding the interrogation.

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2
Q

Blockburger Test

A

Two crimes comitted in 1 criminal transaction are deemed to be the same offense for 6th amenemdne tpurposes unless each offense requires proof of an element that the other does not.

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