Criminal Procedure Flashcards
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.
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.