Crimes Mbe

Front 1

Co-Ds Confessions

Back 1

under the 6th amendment, a defendant in a criminal prosecution ahs the right to confront adverse witnesses at trial.

if two persons are tried together and one has given a confession that implicates the other, the right of confrontation generally prohibits the use of that statement b/c the other D cannot compel the confessing co-D to take the stand for cross.

A co-D's confession is inadmissible when it *interlocks* with the D's own confession, which is admitted.

If the man refused to take the stand and subject himself to cross, his confession was not properly admitted b/c it violated the woman's Conf. clause rights.

Front 2

Attempted murder, attempted manslaughter

Back 2

To be liable for either – D must have acted with the intent to kill and have committed an act beyond mere preparation for the offense.

Front 3

Exceptions to Exclusionary Rule that exclude evidence obtained in violation of 4, 5, 6th amendment rights and all fruits of poisonous tree.

Back 3

- Fruits obtained in violation of Miranda
- Independent source
- Intervening act of free will by defendant
- Inevitable discovery
- Violations of knock and announce rule
- Live witness testimony
- Live in-court identification on ground of fruit of unlawful detention

Front 4

Limitations to Exclusionary Rule

Back 4

- N/A to grand jury and civil proceedings
- Police good faith reliance on law, defective search warrant, or clerical error
- Excluded evidence for impeachment purposes

Front 5

D’s Right to waive counsel and represent himself

Back 5

- As long as the waiver is knowing and intelligent, and the D must be found competent to proceed pro se.
- Denial of D’s right to represent himself *does constitute reversible error*, regardless of the competence of appointed counsel

Front 6

Defense

Back 6

- A private person has the right to use *deadly force* to effectuate an arrest when the felon appears to post a threat to the person or to others and deadly force is necessary to preven his escape, as long as the felon was actually guilty of the felony.
- Similarly, a person has the right to use deadly force in preventing the completion of a crime being committed if the crime is a ‘dangerous felony' involving risk to human life