Criminal Procedure 16-23 Flashcards
When may a judge deny the right to self-representation by a defendant?
If the defendant:
Lacks the competence to stand trial; OR
Validly waives the right to counsel.
The right must be assumed knowingly AND intelligently.
Priority: Medium
What will a court consider, to determine if a defendant’s right to a speedy trial was violated?
The reason for the delay;
Whether the defendant objected to the delay;
The length of the delay; AND
Any prejudice the defendant suffered.
Priority: Low
What are Miranda Warnings?
Miranda warnings inform suspects that:
They have the right to remain silent;
Anything they say can be used against them in court;
They have the right to talk to an attorney and have one present when they are questioned; AND
If they cannot afford one, an attorney will be provided to them.
*These rights only attach when there is a custodial interrogation of a suspect.
Priority: HIGH
When may a custodial interrogation be reinitiatedafter the right to counsel has been invoked?
If:
The suspect has been re-advised of his Miranda rights;
Has provided a knowing and voluntary waiver; AND
Either:
Counsel is present,
The suspect initiates the communication; OR
At least 14 days have passed since the suspect was released from custody.
Priority: HIGH
When does the accused have the Right to Counsel under the 6thAmendment?
When does it attach?
The accused has the right to counsel in ALL criminal prosecutions except in State misdemeanor prosecutions that do notcarry a substantial risk of jail time.
This attaches once formal adversarial judicial proceedings have commenced.
*This right to counsel is offense-specific.
Priority: HIGH
What must a defendant show in order to prove Ineffective Assistance of Counsel?
They must show that:
His counsel’s performance was deficient; AND
But for the counsel’s errors, the result of the trial would have been different.
*If shown, the verdict is reversed, and the defendant is entitled to a new trial.
Priority: HIGH
Under the Independent Source Rule, when is an in-court identification admissible at trial?
When:
The witness identified the defendant in-court based on the witness’s previous knowledge,
Which is trustworthy, AND
Was obtained by the witness in a previous transaction.
Priority: Low
When does the Exclusionary Rule NOT apply?
If:
The police had an independent source for the secondary evidence;
The discovery of the evidence would have been inevitable regardless of the illegality;
Through the attenuation doctrine; OR
The police relied in good faith on a defective search warrant.
Priority: HIGH
