Criminal Procedure Flashcards
Due Process Clause
The Due Process Clause requires that the prosecution prove all of the elements of the case beyond a reasonable doubt. A mandatory presumption regarding an element of an offense violates the due-process requirement. This could include either a conclusive presumption that cannot be rebutted (which would relieve the prosecution of having to prove an element of their case) or a rebuttable mandatory presumption (which shifts the burden of proof regarding the element of the offense).
Blockburger Test
The Fifth Amendment protection against double jeopardy applies to the states through the Due Process Clause of the Fourteenth Amendment and protects against multiple punishments for the same offense. If a defendant’s conduct may be prosecuted as two or more crimes, then the Blockburger test is applied to determine whether the crimes constitute the same offense for double jeopardy purposes. Under this test, each crime must require the proof of an element that the other does not in order for each to be considered as a separate offense. The double jeopardy clause generally bars successive prosecutions for greater and lesser included offenses. A lesser included offense is one that does not require proof of an element beyond those required by the greater offense.
Right to Jury Trial
Any fact, other than a prior conviction, that can be used to increase a sentence beyond the statutorily prescribed maximum must be charged in an indictment, submitted to a jury, and established beyond a reasonable doubt. A fact is considered an element of a crime, as opposed to a sentencing enhancement, when it can increase the maximum sentence imposed. The failure to abide by the above procedure is a violation of the defendant’s due-process rights under the Fifth Amendment and Sixth Amendment rights to notice and a jury trial, both of which are incorporated against the states through the Fourteenth Amendment.
Miranda Exception
One exception to the Miranda requirement permits the police to question a suspect without Miranda warnings when the public’s safety is at risk.
