Criminal Procedure 16-30 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
What are the 4 exceptions where a police officer’s good faith reliance DOES NOT excuse an invalid warrant?
The warrant is lacking in particularity that no reasonable officer could believe in good faith that the warrant is valid.
The warrant is lacking in probable cause that no reasonable officer could have relied on it.
When the magistrate judge who issued the warrant is biased.
When the police officer who obtained the warrant lied on the application.
Priority: HIGH
What are the limitations on the Exclusionary Rule as applied to Miranda Violations?
Limitation #1: Failure to give warnings DOES NOT require suppression of physical evidence.
Limitation #2: Statements made after Miranda warnings are admissible, UNLESS a non-mirandized statement was the result of coercive police tactics offensive to due process.
Limitation #3: Statements obtained in violation are inadmissible in the prosecution’s case-in-chief, BUT may be used to impeach a defendant on cross examination.
Priority: Medium
What is required for valid waiver of Miranda Rights?
A valid waiver must be:
Voluntary; AND
Knowing and intelligent.
Priority: Low
Double Jeopardy will bar separate prosecutions of a defendant arising out of the same offense.
When are crimes NOT deemed to be the “same offense”?
IF:
Each crime requires proof of a fact which the other does not.
Priority: N/A
Double Jeopardy will bar separate prosecutions of a defendant arising out of the same offense.
What exceptions exist where a defendant can be retried?
Exceptions:
When the first trial ends in a hung jury;
When manifest necessity exists to end the original trial; OR
When the original trial is terminated at the defendant’s request, and it’s not for an acquittal on the merits.
Priority: N/A
Under the Harmless Error Rule, when will a guilty verdict stand on appeal?
It will stand if the prosecution can prove that the error (evidence in violation of the defendant’s constitutional rights was improperly admitted) was harmlessbecause the defendant would have been convicted without the tainted evidence.
Priority: N/A
When is a guilty pleavalid?
When:
It is voluntary and intelligent; AND
The judge informs the defendant of the following at the time the plea is entered:
The nature of the charge;
The maximum possible sentence;
The mandatory minimum sentence;
That they have a right to a jury trial, to confront a witness, and are protected against self-incrimination;
That those rights will be waived.
Priority: Low
