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10 Cards in this Set
- Front
- Back
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KIDDNAPPING WHILE COMMITTING A CARJACKING penal code 209.5 (felony)
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person who during the commission of a carjacking and in order to facilitate the commission of carjacking kidnaps another person who is not a principal has committed this crime.
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WHEN MIRANDA WARNING MUST BE GIVEN
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they must be given at start of a custodial arrest.
1. you have the right to remain silent. 2. anything you say may be used against you in court. 3. you have the right to an attorney before and during questioning 4. if you cannot afford an attorney one will be apointed for you free of charge before questioning if you wish. |
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IDENTIFY PROPER ADMINISTRATION OF MIRANDA WARNING
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custody plus interrogation= miranda warning. actually placed under arrest. subject to the kinds of restraints associated with formal arrest (handcuff, funs, lockups)
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IMPACT OF INVOKING THE RIGHT TO REMAIN SILENT/RIGHT TO COUNSEL
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once a peson has invoked the right to remain silent/counsel all forms of interrogation must cease. NOTE: officer may reinitiate an interrogation and still make the statements admissible if; a period of time has gone by/officers have some new information and/or the officer wants to ask about a different crim (full readvisement of miranda warning must happen with no pressure from officer) for counsel everything must cease until an attorney is present
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TYPE OF MIRANDA WAIVERS
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implied
expressed conditional |
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EXCEPTION TO MIRANDA WARNING
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public safety rule and could be for the victim, defendant, some third person, orthe public at large.
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volunteered statements
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during a consensual encounter/detention/an arrest/ the booking process/ the forensic testing or transportation/ after the person has invoked the miranda rights
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3 elements of miranda warning
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1. advisement of the miranda warning by the peace officer
2. understanding of the warning by the person. 3. waiver or invocation of the miranda warning rights (silence and counsel) by the person |
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JUVENILE CUSTODY
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CA. requires that miranda warning be read to juveniles even if no interrogation is going to take place
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PORPOSE OF MIRANDA WARNING
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Allows any statement the person makes to be admitted against him at trial to prove guilt without violating the person 5th Amendment (right to self-incrimination)
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