Week 4 review Flashcards
what is a motion in limine used for?
used to discuss evidence that should/should not come in ahead of trial
T/F: judges are more lenient in letting the defense get in hearsay evidence
True
when must the defense give notice that they have alibi evidence?
w/in 30 days of trial
when the defense asks for discovery from the state, what can the prosecution do?
ask for reciprocal discovery
does the defense have to name the alibi witness when they notify the defense that they have an alibi witness?
no
do you need separate warrants for the seizure and searching of a cell phone?
yes, separate warrant for each
are telephone records covered by the 4th amendment?
no b/c they records maintained by a 3P
what does a preservation letter do?
tells a 3P company to save (and not destroy) the records they have
what would the defense argue on a motion to suppress witness testimony?
that the Id process was tainted
what question does a competency hearing seek to determine?
whether D has the ability to assist in his own defense (deals w/ the now as opposed to D’s mental state at the time of the crime)
what happens to the BOP when an affirmative defense is asserted?
the BOP shifts to the defense to prove the affirmative defense and then the prosecution can put on rebuttal evidence (BOP = less than beyond a reasonable doubt)
what can the prosecution do when the defense files and insanity defense?
get a doctor’s examination of the D
what are the 2 prongs of the insanity defense
- person at the time of the crime didn’t know what was right or wrong OR
- at the time of the offense, the person did not know the quality/consequences of their actions
why is filing a motion in liming a good strategy for the prosecution?
allows the prosecution to bring an issue before the court and see how the defense is going to deal w/ it
if a motion in liming is sustained, in order to preserve the issue for appeal, what must a party do?
make an offer of proof for the record
