Exclusionary rule, Pretrial Procedures, Trial, Guilty Please

Question 1

fruit of the posinous tree
(exclusionary rule)

Answer 1

evidence obtained illegally/unconstitutionally

Question 2

list (5)

fruit of posinous tree
(exclusionary rule)
exceptions

aka tainted evidence is admissible

Answer 2

1. discovered as part of an independent source
2. inevitable discovery
3. evidence obtained in violation of Miranda
4. violation of knock and anounce rule
5. the chain of causation btwn the illegal action and the tainted evidence is too remote

Question 3

list (5)

exclusionary rule inapplicable

Answer 3

1. grand juries
   * ^{unless evidence obtained in violation of federal wiretapping statute}
2. civil proceedings
3. violations of state law
4. internal agency rules
5. parole revocationproceedings

Question 4

good faith exception

Answer 4

PO erroneously arrest someone but in good-faith thinking that warrant was valid

Question 5

list (4)

Good faith exception does not apply when

Answer 5

1. Warrant is SO lacking in probable cause, that reasonable PO would not rely on it
2. warrant is SO lack in particularlity, reasonable PO would not rely on it
3. PO lied or mislead when seeking warrant
4. magistrate is biased and thus, abandons neutrality when issuing warrant

Question 6

Right to a speedy trial attaches when

Answer 6

the D has been arrested or charged

Question 7

insanity is a defense to a criminal charge based on the D’s mental condtion at?

Answer 7

the time they committed the crim

Question 8

minimum amount of jurors to satisfy right to a jury trial

Answer 8

six jurors

Question 9

jury verdicts must be

Answer 9

unanimous

Question 10

Voir dire

Answer 10

the process used by the parties to select a fair and impartial jury.

Question 11

If a D pleads guilty this means they

Answer 11

waive the right to trial

Question 12

a plea bargain is enforced against? not against?

Answer 12

against- prosecutor + defendant
not against - judge