Criminal Procedure

Question 1

When is a defendant competent to stand trial?

Answer 1

Due process of law prohibits trial of a defendant who is incompetent to stand trial. A defendant is incompetent to stand trial if, because of her present mental condition, she either:
1. Lacks a rational AND factual understanding of the charges and proceedings; OR
2. Lacks a present ability to consult with her lawyer with a reasonable degree of understanding.

Question 2

Motion to Suppress Hearings

Answer 2

A criminal defendant who challenges admissibility of evidence:

1. has a right to a suppression hearing outside the jury’s presence (judge, as a matter of law, determines admissibility);
2. has the right to testify at that hearing without admission on the guilt issue at trial; AND
3. the state bears the burden of establishing admissibility by a preponderance of the evidence.

Question 3

The Exclusionary Rule /
Fruit of the Poisonous Tree Doctrine

Answer 3

Exclusionary Rule

Under the Exclusionary Rule, evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments may not be introduced at trial to prove guilt.

Fruit of the Poisonous Tree Doctrine

Under the fruit of the poisonous tree doctrine, the exclusionary rule extends to secondary evidence obtained as a result of unconstitutional actions, subject to exceptions: (1) purged taint, (2) inevitable discovery, OR (3) independent source.

Purged Taint Exception

Evidence may be admissible if the causal connection between primary taint (police misconduct) and secondary evidence is attenuated by the passage of time or intervening events.

Inevitable Discovery Exception

Secondary evidence may be admissible if evidence will inevitably be discovered by lawful means.

Independent Source Exception

Secondary evidence may be admissible if the evidence is discovered in part by an independent source unrelated to the tainted evidence.

Question 4

Evidentiary Search and Seizure

Answer 4

The Fourth Amendment requires evidentiary searches and seizures to be reasonable. To establish a Fourth Amendment violation, one must show:

1. government action;
2. a person with standing;
3. no valid warrant; AND
4. no applicable warrant exception.