Missed Crim/Crim Pro Flashcards
When does the statute of limitation starts to run?
Once all elements of the crime have occurred (including the death of the victim)
When a soliciting party cannot be convicted of solicitation?
Solicited crime requires more than one party,
The statute only imposes liability on one party, AND
The soliciting party is the type of person the law protects
What is the minimum number of jurors? and is a unanimous verdict required?
Minimum is 6; Yes, it is required
When is a punishment disproportionate?
No death penalty for
- juveniles, intellectually deficient persons, adults convicted of nonhimicide offenses
No life without parole for juveniles convicted of nonhomicide offense
No mandatory life-without-parole for juveniles convicted of homicide
When is double jeopardy attached?
When jury is impaneled/sworn in or when first witness is sworn in for bench trial
What is Brady evidence?
Failure to disclose is violation of due process if the evidence is
- favorable to D
- material to guilt or punishment
