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Bar Prep > Essay 09. Criminal Procedure > Flashcards

Essay 09. Criminal Procedure Flashcards

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1
Q

Issue Overview

Criminal Procedure

MEE

A
  1. 4th Amendment
  2. 5th Amendment
  3. 6th Amendment
  4. Due Process Clause
  5. Trial Considerations
  6. Post-Trial Considerations (Double Jeopardy)
  7. Additional Issues
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2
Q

Issue Overview

4th Amendment

Criminal Procedure

MEE

A
  • Government conduct / State action
  • Reasonable expectation of privacy
  • Seizure of persons
  • Warrant requirement
  • Exceptions to warrant requirement
  • Exclusionary Rule
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3
Q

Issue Overview > 4th Amendment

Excetions to Warrant Requirements

Criminal Procedure

MEE

A
  1. SILA
  2. Administrative necessity
  3. Stop & Frisk
  4. Plain View
  5. Automobile
  6. Consent
  7. Exigent circumstances

“SAd SPACE”

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4
Q

Issue Overview

5th Amendment

Criminal Procedure

MEE

A
  • Miranda Rights
  • Custodial Interrogation
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5
Q

Issue Overview

6th Amendment

Criminal Procedure

MEE

A
  • Right to Counsel
  • Confrontation Clause
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6
Q

Issue Overview

Trial Considerations

Criminal Procedure

MEE

A
  • Burden of proof
  • Sentencing enhancements
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7
Q

Issue Overview

Additional Issues

Criminal Procedure

MEE

A
  • Guilty Pleas
  • Right to Disgharge Attorney & Substitute a New Attorney
  • Right to Represent Oneself
  • Right to Separate Trial from Co-defendant
  • Right to a Speedy Trial
  • Right to Testify at Trial
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8
Q

4th Amendment

Criminal Procedure

MEE

A

Prohibits unreasonable searches and seizures

  1. Rule
  2. Government Actor
  3. Standing
  4. Search or Seizure (walk through each event chronologically)
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9
Q

4th Amendment

Government Conduct

Criminal Procedure

MEE

A
  • Must show some government or police agency action
  • Does not protect against private actors
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10
Q

4th Amendment

Standing

Criminal Procedure

MEE

A

Defendant must have a reasonable expectation of privbacy as to the places searched or items seized

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11
Q

4th Amendment

Seizure

Criminal Procedure

MEE

A

By means of physical force OR show of authority, a person’s freedom of movement is restrained

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12
Q

4th Amendment > Seizure

Test

Criminal Procedure

MEE

A

Under the totality of circusmtances, would a reasonable person not feel free to leave

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13
Q

4th Amendment > Seizure

Types of Seizures

Criminal Procedure

MEE

A
  • Arrest
  • Stop & Frisk
  • Police Checkpoints
  • Traffic Stops
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14
Q

4th Amendment > Seizure

Arrest

Criminal Procedure

MEE

A
  • Generally, requires an arrest warrant
  • Warrantless arrest allowed if an officer has probable cause to believe that a felony has been committed
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15
Q

4th Amendment > Seizure

Terry Stop & Frisk

Criminal Procedure

MEE

A

Valid when an officer has reasonable suspicion that someone is engaged in criminal activity

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16
Q

4th Amendment >Seizure

Polcie Checkpoint

Criminal Procedure

MEE

A

Valid if:
* Done in a non-discriminatory manner; AND
* There is an automobile-related reason for the checkpoint

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17
Q

4th Amendment > Seizures

Traffice Stop

Criminal Procedure

MEE

A

Valid if the officer has reasonable suspicion or probable cause that a traffic law has been violated

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18
Q

4th Amendment

Search

Criminal Procedure

MEE

A

Occurs when government conduct violates the defendant’s reasonable expectation of privacy

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19
Q

4th Amendment > Search

Valid Search Warrant

Criminal Procedure

MEE

A

A search conducted pursuant to a valid warrant is generally constitutional.

To be valid, the warrant must:
1. Be issued by a neutral magistrate;
2. Be based upon probable cause; AND
3. Describe with particularity the places to be searched and the items to be seized

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20
Q

4th Amendment > Search

Execution of search Warrant

Criminal Procedure

MEE

A
  • Knock & Announce: Police must knock and announce their presence
  • Defective Warrant: Police execution in good faith will not result in a violation
21
Q

4th Amendment > Search > Exceptions to the Warrant Requiement

Terry Stop & Frisk

Criminal Procedure

MEE

A
  • Can stop a person based on reasonable suspicion that the person is engaged in a criminal activity
  • Frisk = officer can pat down the outer clothing of the defendant for officer safety (plain feel)
  • Automobile Frisk allowed if:
  • a) The officer has a reasonable belief there is a weapon in the car; AND
  • b) The search is limited to those areas that may contain a weapon
  • Finding contraband during the frisk can give rise to probable cause to arrest
22
Q

4th Amendment > Search > Exceptions to the Warrant Requiement

SILA

Criminal Procedure

MEE

A

May search arrestee within a reasonable scope

  • Lawful arrest = requires probable cause
  • Scope = defendant and the immediate area (i.e., wingspan)
  • In arrestee’s home = can search areas wtihin reach or where others may be hiding
  • In a vehicle = can search glove compartment if within reach of defendant or if it is reasonable that evidence of the offense of arrest may be found
23
Q

4th Amendment > Search > Exceptions to the Warrant Requiement

Automobile Exception

Criminal Procedure

MEE

A

If police have probablec ause to beleive a vehicle contains evidence of a crime, can seach any part of the car believed to have contraband

24
Q

4th Amendment > Search > Exceptions to the Warrant Requiement

Plain View

Criminal Procedure

MEE

A
  • Police are lawfully present; AND
  • Incriminating nature of the item is immediately apparent
25
Q

4th Amendment > Search > Exceptions to the Warrant Requiement

Exigent Circumstances

Criminal Procedure

MEE

A
  1. Hot pursuit of a fleeing felon
  2. Danger of destruction of evidence
  3. Police or public safety
26
Q

4th Amendment > Search > Exceptions to the Warrant Requiement

Consent

Criminal Procedure

MEE

A
  • Cannot exceed scope of consent
  • Must be voluntary (no threats, compulsion, or false assertion of lawful authority)
27
Q

4th Amendment

Exclusionary Rule

Criminal Procedure

MEE

A

Excludes evidence obtained as a result of the government’s violation of the 4th Amendment

NOTE: Also excludes “fruits of the poisonous tree” = other evidence obtained as a result of the violation

28
Q

4th Amendment

Exceptions to the Exclusionary Rule

Criminal Procedure

MEE

A
  1. Inevitable Discovery Rule
  2. Independent Source Doctrine
  3. Passage of Time (Attenuation)
  4. Good Faith Reliance
29
Q

5th Amendment

Criminal Procedure

MEE

A
  • Provides that no person shall be compelled in a criminal case to testify against himself
  • Often called the right against self-incrimination
  • Applies to testimonial evidence coervicely obtained by police
30
Q

5th Amendment

Miranda Warnings

Criminal Procedure

MEE

A

Required to give warnings prior to custodial interrogation

31
Q

5th Amentment > Miranda

Custody

Criminal Procedure

MEE

A

Defendant reasonably believes he is not free to elave or is otherwise depriced of freedom

32
Q

5th Amentment > Miranda

Interrogation

Criminal Procedure

MEE

A

Police expressly question defendant OR police words or actions are likely to elicit an incriminating response

33
Q

5th Amentment > Miranda

Waiver

Criminal Procedure

MEE

A
  • Must be knowing and voluntary
  • Silence is not sufficient to invoke OR waive Miranda rights
  • Must make an affirmative statement
34
Q

5th Amentment > Miranda > Waiver

Voluntary

Criminal Procedure

MEE

A

Cannot be the result of government coercion

35
Q

5th Amendment

Uncoerced (voluntary or spontaneous) Statements

Criminal Procedure

MEE

A
  • After a defendant receives Miranda warnings and does not invoke the right to remain silent, the defendant might device to make an uncoerced statement to police
  • This constitutes a waiver of Miranda rights
  • Police have no obligation to inform the defendant that his attorney is trying to reach him
36
Q

5th Amendment > Miranda

Invoking Right to Counsel

Criminal Procedure

MEE

A
  • Must unambiguously assert the right to counsel = police cannot question the defendant any further
  • Not offense specific = once the right is invoked, police cannot question the defendant about any crimes
  • Ambiguous Statement = police are under no duty to clarify or provide counsel
  • A subsequent voluntary statement can be admissible
37
Q

5th Amendment > Miranda

Invoking Right to Remain Silent

Criminal Procedure

MEE

A

Must unambiguously assert the right to remain silent

38
Q

5th Amendment > Miranda

Re-Approaching the Defendant

Criminal Procedure

MEE

A
  • After invoking rights, police may not re-approach the defendant later
  • Exception = if there is a break in custody for 14 days or more (Right to Counsel), plice may re-approach the defendant, give fresh Miranda warnings, and attempt to get a waiver
39
Q

5th Amendment > Miranda

Standing

Criminal Procedure

MEE

A

Defendant may only assert his own Miranda rights

40
Q

5th Amendment

Exclusion of Statements

Criminal Procedure

MEE

A
  • Voluntary Confession = not protected by Miranda
  • Involuntary Confession = inadmissible for any purpose
  • Based on the totality of the circumstances: police conduct; defendant’s characteristics; timing of statement
41
Q

5th Amendment > Exclusion of Statements

Second Confession

Criminal Procedure

MEE

A
  • Arises when a confession is obtained in violation of Miranda, then later the rights are read, and the defendant waives and confesses again
  • May be admissible if the initial confession was the result of a good faith mistake
42
Q

5th Amendment > Exclusion of Statements

Voluntary Statement in Violation of Miranda

Criminal Procedure

MEE

A
  • Excluded as substantive evidence
  • Admissible as impeachment evidence if inconsistent with later testimony
43
Q

5th Amendment > Exclusion of Statements

Physical Evidence

Criminal Procedure

MEE

A

Any physical fruits of voluntary confession can be admissible evidence

44
Q

6th Amendment

Right to Counsel

Criminal Procedure

MEE

A
  • Automatically applies at all critical stages of prosecution after formal proceedings begin
  • Critical stages include: post-charge in person line-ups & questioning by a government informant
  • Formal proceedings = indictment or formal charge
  • Offense Specific = does not prevent the police from questioning the defendant about other crimes that have not been formally charged
  • Waiver = must be knowing and voluntary
45
Q

Line-Ups under the Due Process Clause

Criminal Procedure

MEE

A

Must not be conducted in a manner that is impermissibly suggestive or provides a substantial likelihood of misidentification

46
Q

6th Amendment

Trial Considerations

Criminal Procedure

MEE

A
  1. Due Process Clause (Burden of Proof) = prosecution must prove all elements of the crime beyond a reasonable doubt
  2. Sentencing = any fact, other than a prior conviction, that is used to increase the sentence beyond the statutory maximum, must be charged and proved beyond a reasonable doubt (applies when the fact could increase the sentence beyond the maximum prescribed by statute)
47
Q

6th Amendment

Double Jeopardy

Criminal Procedure

MEE

A

Provides protections against:
1. Prosecution for the same offense after aquittal;
2. Prosecution for the same offense after conviction; AND
3. Multiple punishments for the same offense

48
Q

Double Jeopardy

Blockburger Test

Criminal Procedure

MEE

A

Same v. Separate Offenses = Each crime must require proof of an element that the other does not to be considered a separate offense. If they don’t have different elements, may be viewed as some offense and subject to Double Jeopardy

49
Q

Double Jeopardy

Lesser Included Offenses

Criminal Procedure

MEE

A

Prohibits multiple prosecutions of greater and lesser-included offenses

NOTE: Permissible to charge a defendant with a greater and lesser-included offense in the same action

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