Reviewer for Pre-Fi

Question 1

when there is CUSTODY, it does not automatically follow there is INVESTIGATION, so the right of section 12 does not apply yet.

so once there is custody, how do we know or when is there INVESTIGATION?

Answer 1

1. involves questions that illicit information about the crime committed
2. not a general inquiry
3. on a particular person who is treated as a suspect

Question 2

rights in sec 12

Answer 2

1. right to be informed
2. right to remain silent
3. right to independent and competent counsel
4. right against torture

Question 3

when to assail the validity of
1. arrest

2. S&S

Answer 3

[1] before arraignment

[2] during trial before judgment

Question 4

DOUBLE JEOPARDY

Answer 4

1. first jeopardy attaches
2. first jeopardy validly terminated
3. second jeopardy is for the same OFFENSE as the first

Question 5

first jeopardy only attaches when

Answer 5

1. valid indictment
2. competent court
3. after arraignment
4. after enter of plea of guilt
5. when accused is convicted or acquitted, or the case dismissed or otherwise termianted without his express consent

then and only then can first jeopardy attach

Question 6

exception to the finality-of-acquittal doctrine

Answer 6

1. deprivation of due process or finding of mistrial
2. grave abuse of discretion

furhter can be had for certiorar under rule 65

Question 7

doctrine of supervening events does not cause double jeopardy

what are the elements

Answer 7

1. graver offense developed due to SE facts from the same act or omission
2. graver charge became known only after filing of the former complaint
3. plea of guilt to lesser offense was made without consent of the prosecutor [[and]] offended party