Criminal Procedure: Grab bag stuff Flashcards

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1
Q

What are substantive federal challenges to pretrial identifications?

A
  1. 5th Amend.: NO right to counsel for pretrial ID

2. 6th Amend.: right to counsel at line-ups and show-ups that take place after formal charging

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2
Q

What is the NY pre-trial ID protection?

A

Right to attorney present at line-up conducted before filing of charges if police aware D has counsel AND D requests counsel’s presence

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3
Q

What is the due process pretrial ID standard?

A

Violates due process if so unnecessarily suggestive there is substantial likelihood of misidentification

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4
Q

What happens if constitutional violation in pretrial ID?

A

Witness’s in-court ID excluded

Prosecution can avoid by proving ID based on observations of suspect other than unconstitutional pretrial ID

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5
Q

What do grand juries do?

A

Issue indictments; proceedings nonpublic; states need not use as part of charging process

NY: indictments must establish ALL elements of the offense AND provide reasonable cause to believe accused committed crime in question

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6
Q

When are pretrial detention hearings unnecessary

A
  1. Grand jury issued indictment OR

2. Magistrate issued arrest warrant

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7
Q

What does the right to an unbiased judge mean?

A
  1. No financial stake in outcome of case AND

2. No actual malice towards D

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8
Q

When does the D have a right to a jury trial?

A

When maximum authorized sentence exceeds 6 months

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9
Q

What is the fewest possible number of criminal jurors you can have?

A

6 (then must be unanimous)

12-person juries need not be unanimous

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10
Q

What is the NY minimum number of jurors?

A

D can waive 12-person jury requirement and proceed to verdict with only 11 jurors participating

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11
Q

What are the cross sectional requirements for jurors?

A

POOL from which jury drawn represents cross-section of community

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12
Q

What do you have to show that your counsel has been ineffective?

A

Requires proof that

  1. Counsel’s performance was deficient AND
  2. But for deficiency, outcome of trial would have been different

Unless colorable argument D is innocent, always denied relief

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13
Q

What must there be for a guilty plea to be valid?

A

Judge must establish it is voluntary and intelligent, addressing in open court, on the record:

  1. Nature of charge AND
  2. Consequences of the plea
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14
Q

When may defendant withdraw a guilty plea after sentencing?

A
  1. Plea is involuntary due to defect in plea-taking colloquy
  2. Jurisdictional defect
  3. D prevails on claim of ineffective assistance of counsel
  4. Prosecutor fails to fulfill his part of bargain
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15
Q

What does 8th Amend. prohibit?

A

Criminal penalties grossly disproportionate to seriousness of offense committed

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16
Q

When is death penalty violative of 8th Amend.?

A

When creates automatic category for imposition of death penalty

Jurors must be allowed to consider ALL potentially mitigating evidence in deciding death penalty

17
Q

Against whom does 8th Amend. prohibit imposition of death penalty?

A
  1. Mentally retarded
  2. Presently insane
  3. Under 18 at time offense occurred