Intro to Criminal Procedure

Question 1

Exclusionary Rule

Answer 1

Generally prohibits the introduction at trial of evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments.

Question 2

Miranda

Answer 2

Generally prohibits introduction at trial of statements obtained from people through interrogation while in police custody unless they are first informed of various rights and warned of consequences of waiving those rights.

Question 3

Fourth Amendment

Answer 3

Right to be free from unreasonable searches and seizures of person and property by government.

Question 4

Defining a “Seizure”

Answer 4

Under the totality of circumstances, or

A reasonable person would not feel free to decline officer’s requests and terminate the encounter, or

A physical application of force or submission to a show of force, or

Arrest

Terry Stop (Investigatory Detentions)

Automobile Stops

Deadly Force

Question 5

Arrest

Answer 5

Must be based on probable cause
No warrant required if done in public.
Warrant will be required for arrest in own home.

Question 6

Terry Stops

Answer 6

May be made on reasonable suspicion supported by articulable facts.

Reasonable suspicion determined by totality of circumstances.

Informer’s tips must be accompanied by indicia of reliability.

Police must act in a diligent and reasonable manner in confirming or dispel- ling their suspicion (cannot take too long).

Question 7

Automobile stops

Answer 7

Generally must have at least reasonable suspicion that a law has been violated.

Exception—special law enforcement needs can justify suspicionless roadblocks. Cars must be stopped on basis of a neutral, articulable standard. Must serve purpose closely related to a particular problem pertaining to automobiles and their mobility.

Question 8

Automobile stops

Answer 8

Generally must have at least reasonable suspicion that a law has been violated.

Exception—special law enforcement needs can justify suspicionless roadblocks. Cars must be stopped on basis of a neutral, articulable standard. Must serve purpose closely related to a particular problem pertaining to automobiles and their mobility.

Question 9

Standing to Challenge Search or Seizure

Answer 9

Defendant may complain only about interference with own reasonable expectation of privacy or physical intrusion into own constitutionally protected area. Determined under totality of circumstances.

Question 10

Places Where There is a Reasonable Expectation of Privacy

Answer 10

Places owned by the person
Person’s home—whether or not person owns or has a right to possess
Place in which person is at least an overnight guest
No reasonable expectation of privacy in things held out to the public (sound of one’s voice, smell of one’s luggage, etc.)
Reasonable expectation of privacy in home extends to curtilage.

Question 11

Places Where There is a Reasonable Expectation of Privacy

Answer 11

Places owned by the person
Person’s home—whether or not person owns or has a right to possess
Place in which person is at least an overnight guest
No reasonable expectation of privacy in things held out to the public (sound of one’s voice, smell of one’s luggage, etc.)
Reasonable expectation of privacy in home extends to curtilage.

Question 12

Warrant Requirements

Answer 12

Issued by neutral and detached magistrate.
Based on probable cause to believe that seizable evidence will be found in place to be searched.
Describes with particularity the place to be searched or items to be seized.
Invalid if based on a material false statement that was intentionally or recklessly included.
Must generally knock and announce authority.

Question 13

Exceptions to Warrant Requirement

Answer 13

Search incident to lawful arrest
Automobile Exception
Plain View
Consent
Stop and frisk
Hot Pursuit
Evanescent evidence
Emergency Aid/Community Caretaker
Inventory searches incident to arrest
Reasonable public school searches by school officials
Mandatory drug testing if it serves special needs
Border Searches

Question 14

Was Due Process Violated—Involuntary Confession?

Answer 14

Judged by a totality of the circumstances.

Government compulsion makes confession involuntary.

Harmless error test applies if involuntary confession erroneously admitted into evidence.

Question 15

Was Sixth Amendment Right to Counsel Violated?

Answer 15

1. Applies at all critical stages of the prosecution
2. Attaches when adversary judicial proceedings are begun.
3. Offense specific—pertains to only one charge and defendant must ask again if later charged with separate, unrelated crime.
4. Waivable—must be knowing and voluntary.
5. Remedy—if defendant was denied his right at trial, automatic reversal (harmless error rule applies as to nontrial proceedings).
6. Statement made in violation of Sixth Amendment may not be used to prove guilt but may still be used for impeachment.

Question 16

6th Amendment

Answer 16

Right to Assistance of Counsel.

Question 17

Waiver of Miranda Rights

Answer 17

1) Waiver must be knowing and voluntary.
2) Judge under totality of the circumstances test.
3) If warnings given and defendant talked, valid waiver generally found.
4) If right claimed, request must be scrupulously honored (cannot ask more about the crime).

Question 18

Invoking Right to Counsel

Answer 18

1) All questioning must cease
2) Defendant may voluntarily reinitiate questioning
3) Request for counsel must be unambiguous
4) Duration of prohibition against questioning—14 days after defendant returns to normal life.

Question 19

Effect of Rights Violations at Trial

Answer 19

a. Evidence inadmissible at trial
b. Statements may still be used to impeach defendant’s testimony
c. Defendant’s silence after receiving warnings cannot be brought up
d. Harmless error test applies
e. Public safety exception—responses to questioning without Miranda warnings may be admissible if questioning was reasonably prompted by a concern for public safety.

Question 20

Exceptions to Fruit of the Poisonous Tree

Answer 20

1) Independent Source
2) Attenuation—intervening act or circumstance
3) Inevitable discovery by police
4) Live witness testimony
5) In-court identification
6) Violations of no-knock entry rule
7) Good faith reliance on a defective search warrant
8) Use of evidence to impeach

Question 21

Gerstein Hearing

Answer 21

Preliminary Hearing with the purpose of determining probable cause.

Not required if probable cause already found (e.g., by grand jury or under arrest warrant).

Hearing must be within reasonable time (48 hours).

Question 22

Initial Appearance

Answer 22

Occurs soon after arrest. Defendant is told of charges and bail is set. Counsel will also be appointed if needed.

Question 23

Bail

Answer 23

Bail is a right for federal prosecutions. Not required of states but many state constitutions or statutes require.

Where right exists, excessive bail is an Eighth Amendment violation and unfair procedures violate due process.

Question 24

Grand Juries

Answer 24

Not required of states (but some state constitutions require). Upon finding probable cause, grand jury issues a “true bill.” Secret proceedings. Broad subpoena power.

No right to:

a. Counsel
b. Miranda warnings
c. Warnings that witness may be a “potential defendant”
d. Exclude evidence that would be inadmissible at trial
e. Challenge subpoena for lack of probable cause.

Question 25

Competency to Stand Trial

Answer 25

At time of trial, defendant not competent if: Defendant lacks rational and factual understanding of the charges and proceedings or defendant lacks ability to reasonably to consult with lawyer.

Trial judge has a duty to raise if no one else does.

Burden to prove incompetency may be placed on defendant.

May be detained in mental facility for only short time unless commitment proceedings are brought.

Question 26

Right to Public Trial

Answer 26

Sixth and Fourteenth Amendments provide the right to public trial. Probable cause hearings presumably open to public. Suppression hearings open unless:

a. Party seeking closure has overriding interest
b. Closure is no broader than necessary
c. Other reasonable alternatives were considered
d. Court makes findings to support closure

Question 27

Right to Jury

Answer 27

Comes from the 6th Amendment. Right to jury trials for “serious offenses” aka imprisonment for more than six months.

6 jurors is okay but must be unanimous.
11-1, 10-2, and 9-3 convictions have been upheld

Venir must be a representative cross-section of community.

Must be impartial.

Question 28

Right to Confront Witnesses

Answer 28

Right not absolute (e.g., disruptive defendant)

Co-defendant’s confession implicating the defendant is prohibitted unless it can be redacted or co-defendant takes the stand.

Prior testimony is inadmissable unless witness is unavailable and defendant already had an opportunity to cross.

“Testimonial”—at a minimum includes testimony from preliminary hearings, grand jury hearings, former trial, and police interrogation (unless ongoing emergency).

Question 29

Taking a Plea

Answer 29

Judge must determine that plea is voluntary and intelligent.

Judge must address defendant personally on record to ensure defendant knows:

Nature of charge and crucial elements.

Maximum possible charge and mandatory minimum.

The right not to plead guilty.

By pleading guilty defendant waives right to trial.

Question 30

Basis for Attack on Guilty Plea

Answer 30

The plea was involuntary.
Court lacked jurisdiction to take plea.
Ineffective assistance of counsel.
Failure of prosecutor to keep plea bargain.

Question 31

Resentencing After Successful Appeal

Answer 31

If judge imposes greater punishment at trial (after defendant’s successful appeal), record must show reasons for harsher sentence.

Exception—reconviction upon trial de novo.

Exception—jury trial.

Question 32

Requirements for Constitutional Death Penalty

Answer 32

Statutory scheme must give fact finder reasonable discretion, full information, and guidance in making decision.

Statute may not be vague.

Valid for murder and accomplice to felony murder if there was reckless disregard for life.

Not valid for rape or if the prisoner is insane or intellectually disabled. Also not valid if they were underage at the time of the crime.

Question 33

Other Cruel and Unusual Violations

Answer 33

Unconstitutional to make a status a crime.

Unconstitutional to sentence minor to life without possibility of parole.

Unconstitutional to provide for harsher penalties for those demanding trial.

Imprisonment of indigent for failure to pay fine violates equal protection.

Question 34

Appeals

Answer 34

No Right to Appeal but if Right to Appeal Is Granted by State Law, Right to Counsel Applies at First Appeal.

No Right of Self-Representation.

Also, new rules announced on direct appeal must be applied to all other cases on direct appeal.

Question 35

Double Jeopardy

Answer 35

Fifth Amendment Right Applicable to States Through Fourteenth Amendment. Once jeopardy attaches, defendant cannot be retried for same offense.

Attaches at Jury trial—when jury empaneled and sworn.

Attaches at Bench trial—when first witness sworn.

Attaches at Juvenile proceedings—at commencement of proceeding.

Exceptions Permitting Retrial: hung jury, mistrial, retrial after succesful appeal.

Two crimes are not the same offense if each crime requires proof of an element the other does not require (Blockburger test).

Only repetitive criminal prosecutions (not civil actions) prohibited.

Charges by separate sovereigns (e.g., state and federal governments) not prohibited.

Question 36

Privilege Against Self Incrimination

Answer 36

Fifth Amendment Right Applicable to States Through Fourteenth Amendment.

Right for Natural Persons Only (Not Corporations or Partnerships).

Applies Only to Testimony (not physical items or documents).