protections

Question 1

Custody

Answer 1

formal arrest or a situation where a reasonable person in the suspect’s position would believe their freedom has been deprived to a degree analogous with formal arrest.

Question 2

Interrogation

Answer 2

questioning where a reasonable officer would anticipate the questions would likely result in an incriminating response.

Question 3

the trigger for Miranda warning

Answer 3

custody + interrogation

Question 4

Critical Stages for right to counsel

Answer 4

Includes the deliberate elicitation of statements (express or implied), a physical identification proceeding, the preliminary hearing, and trial.

Question 5

right to counsel protections are only for

Answer 5

defendants!

Question 6

right to counsel only applies to

Answer 6

defendants and in relation to the crime charged

Question 7

waiver

Answer 7

all of these protections can be waived

Question 8

• Fruit of the Poisonous Tree and Confessions

Answer 8

o If a statement is a “but for” consequence of a prior constitutional violation (normally, an arrest in violation of the Fourth Amendment), the statement may be inadmissible fruit of a poisonous tree unless the government can prove an exception, even if it complies with due process, Miranda, and the Sixth Amendment.
most common exception: attenuation

Question 9

due process rule: identification

Answer 9

If the defendant can prove that an identification procedure used by the government was so unnecessarily suggestive that it created an irreparable risk of mistaken identification, the procedure violates due process and the ID is inadmissible.

Question 10

due process test is reliability; requiring D to prove

Answer 10

 that procedures used were unnecessary;
 that they were arranged by the government;
 that they were suggestive; and
 that the suggestiveness results in an “irreparable risk” of an unreliable ID.

Question 11

if a court supresses an out of court ID

Answer 11

in court id is not allowed

Question 12

in-person line up ID violates 6th consequences

Answer 12

1- id per se invalid
2- unless the prosecution can prove by clear and convincing evidence that the in-court identification is independent from the inadmissible out-of-court identification.

Question 13

grand jury

Answer 13

no miranda necessary to testify

Question 14

bail hearing

Answer 14

considered defendant, but not part of 6th amendment

Question 15

prejudice in right to speedy trials

Answer 15

 anxiety;
 oppressive pre-trial incarceration; and
 degradation of evidence compromising the accuracy of the trial. (best)

Question 16

plea requirements

Answer 16

knowing, voluntary,, and intelligent

Question 17

a witness cannot be compelled to provide adverse testimony unless

Answer 17

they are granted use and derivative use immunity; but need not be granted transactional immunity.

Question 18

custody while in home and before arrest - miranda

Answer 18

when enters the home at night and by surprise, likely considered custody,, even if has arrest warrant

Question 19

right to jury trial criteria

Answer 19

all crimes longer than 6 mo. imprisonment

Question 20

right to counsel criteria

Answer 20

all crimes leading to imprisonment

Question 21

right to counsel rule

Answer 21

right to counsel arises automatically once formal charges have been brought against the defendant, and the defendant cannot be questioned outside the presence of his attorney absent a knowing, voluntary, and intelligent waiver of the right.

Question 22

what happens once Miranda warnings are given

Answer 22

a defendant who has requested an attorney may not be further questioned until either counsel is furnished or the defendant voluntarily initiates that discussion.

Question 23

statements that violate Miranda may be used as

Answer 23

impeachment only at trial

Question 24

acessory

Answer 24

with the requisite intent, aids, abets, or encourages the commission of a crime while at or near the scene of the crime is a principal in the second degree.

Question 25

the deliberate eliciting of any incriminating statements made by a defendant without the assistance of an attorney violates ____.

exceptions
trigger

Answer 25

the sixth amendment

waiver
formal charges filed

Question 26

offering things and miranda

Answer 26

remember custodial + interrogation

so if the defendant offers a statement while in custody but before interrogation, then Miranda not applicanle

Question 27

to violate the 6th amendment cops must

Answer 27

actively question; passively listening is not enough

Question 28

accomplice liability at common law

Answer 28

can only be convicted if principle is convicted for their crime

Question 29

sentencing

Answer 29

the normal rules of evidence do not protect criminals at sentencing. no right to confront at sentencing except for death peanlty

Question 30

counsel presence for identification

Answer 30

has to be the whole time

Question 31

effect of subsequent suspension of imprisonment after sentencing

Answer 31

does not affect right to counsel