Criminal Procedures Flashcards
What must be shown to be granted post conviction relief for inefficient assistance of counsel?
(1) deficient performance by counsel fell below objective standard of reasonableness; and (2) reasonable probability that but for counsel’s inefficient assistance the result of the proceeding would be different
When will a school search be upheld under the 4th amendment?
(1) if offers a moderate chance of finding evidence of wrongdoing; (2) the measures of the search are reasonably related to the objective of the search; and (3) the search isn’t intrusive in light of the students age, sex, and nature of the infraction
What is required for school to conduct a search of a student?
Reasonable suspicion; probable cause is not required
A police interrogation includes:
direct questioning and any police conduct likely to elicit a response
Under the 6th amendment right to counsel
Counsel must be present with defendant at all critical stages of the prosecution (including post charge interrogations and line-ups) unless expressly waived
Can police with a valid search warrant forcibly enter a home?
Yes, if there is probable cause to believe the person named in the warrant is inside the home, and no response occurs
is evidence taken pursuant to a valid warrant based on information obtained by an illegal search admissible?
No, the evidence would have to be suppressed
May an officer use deceit to gain entry into a suspect’s home?
Yes, and this would not constitute a violation of the suspect’s 4th amendment rights
For purposes of double jeopardy two offenses…
are not the same crime if either crime requires an additional element the other does not
Under double jeopardy:
- Defendant cannot be tried for the same offense twice
- this also prohibits a subsequent trial on a lesser included offense
What is use and derivative use immunity?
prevents prosecution from using witness’s own testimony OR evidence obtained based only on the protected testimony against the witness
