Criminal Law - Crimpro Checklist - 2/15

Front 1

Unreasonable Search and Seizure [Constitutional Basis + 4 Tested Issues]

Back 1

Fourth Amendment

(1) Government Action

(2) Standing/Reasonable Expectation of Privacy

(3) Validity of Warrant

(4) Where Warrant was not Issued or was Invalid

Front 2

Unreasonable Search and Seizure - Standing/Reasonable Expectation of Privacy: Factors Considered

Back 2

(1) Not held out to public

(2) Possessory Interest

(3) Location at Border or Port w/ Higher Security Concerns

(4) Availability to Public of Technology used in search/seizure

Front 3

Unreasonable Search & Seizure - Requirements for Valid Warrant [+Mnemonic]

Back 3

BD - PIMP

(1) Brief Duration

(2) Probable Cause

(3) Impartial Magistrate

(4) Particularity (reasonable)

Front 4

Unreasonable Search & Seizure - when OK even if warrant issue was NOT issued OR invalid

Back 4

(1) Consent

(2) Hot Pursuit

(3) Evanescent Evidence

(4) Automobile Search

(5) Plain View

(6) Search Incident to Arrest

(7) Stop and Frisk

Front 5

Unreasonable Search and Seizure - Exclusionary Rule:

Back 5

In criminal trial - evidence obtained:

(1) In violation of D's constitutional rights; or

(2) Later as a result of evidence obtained in violation of D's constitutional rights ["fruit of poisonous tree"]

will be excluded

[DNA to grand jury proceeding, or parole revocation hearing]

Front 6

Confessions - Rules under Due Process and Constitutional Basis

Back 6

14th Amendment

Confession must be voluntary and NOT coerced, look at totality of circumstances.

Front 7

Privilege Against Self-Incrimination - Constitutional Basis and Rule

Back 7

5th Amendment

Miranda Rights (right to remain silent, right to counsel), must be administered BEFORE police custodial interrogation

Front 8

Privileges Against Self-Incrimination: 4 Tested Issues

Back 8

(1) Custodial Interrogation

(2) Waiver of Right to Counsel/Right to Remain Silent

(3) Invocation of Right to Counsel

(4) Invocation of Right to Remain Silent

Front 9

Privileges Against Self-Incrimination - Waiver of Right to Counsel/Right to Remain Silent

Back 9

Must be:

(1) Knowing

(2) Voluntary

(3) Intelligent

Front 10

Privileges Against Self-Incrimination - Invocation of Right to Counsel [Requirements]

Back 10

(1) Must be Clear Request

(2) Reinitiate Interrogation only after Attorney arrives

(3) May reinitiate if released from custody and 14 days have passed

Front 11

Privileges Against Self-Incrimination - Invocation of Right to Remain Silent

Back 11

Requirements:

(1) Unambiguous

(2) Express

Terminate interrogation as to that crime BUT may resume as to different crime after:

(1) significant break; and
(2) D is re-Mirandized

Front 12

Right to Confront Witnesses - Constitutional Basis

Back 12

6th Amendment: Grants those charged with crimes a right to confront witnesses against them

Front 13

Right to Confront Witnesses - Co-Defendant's Confession is Admissible against a Defendeant if:

Back 13

Generally: two persons tried together and one has given confession implicating the other - the right of confrontation prohibits the use of that statement, unless:

(1) All portions referring to other D can be eliminated

(2) Confessing D takes the stand and subjects himself to CE; OR

(3) Confession of the non-testifying co-defendant is being used to rebut the D's claim that his confession was obtained coercively.

Front 14

Pretrail Proceedings (2)

Back 14

(1) Grand Jury Proceedings

(2) PreTrial Lineups

Front 15

Grand Jury Proceedings - 2 Considerations

Back 15

(1) Characteristics

(2) Fifth Amendment - Self-Incrimination

Front 16

Pretrial Lineups - 2 Considerations

Back 16

(1) Right to Counsel [post-trial lineups and identifications ONLY]

(2) Due Process [14th Amendment - not too suggestive]

Front 17

Double Jeopardy [Constitutional Basis + 3 Considerations]

Back 17

Fifth Amendment

(1) Attachment [Bench Trial v. Trial by Jury]

(2) Retrial on Same Offenses

(3) Two or More Offenses

Front 18

Right to Counsel [Constitutional Bases + 3 Considerations]

Back 18

Sixth Amendment

(1) Attachment

(2) Offense Specific

(3) Waiver: Knowing/Voluntary/Intelligent

Front 19

Ineffective Assistance of Counsel

Back 19

(1) Failure to Act as Reasonably Competent Attorney

(2) Prejudice: but for ineffective assistance, D would not have been convicted.

Front 20

Right to Jury Trial [Constitutional Basis + 4 Considerations]

Back 20

Sixth Amendment

(1) Serious Offenses Only

(2) Jury Selection

(3) Number/Unanimity of Jurors

(4) Waiver by Guilty Plea

Front 21

Cruel and Unusual Punishment [Constitutional Basis]

Back 21

8th Amendment prohibits use of "cruel and unusual" punishment