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20 Cards in this Set
- Front
- Back
- 3rd side (hint)
When does jeopardy attach? |
Bench trial - when first evidence heard or first witness sworn in. Jury trial - when jury sworn in. Guilty plea - court accepts guilty plea. Note: DJ does not attach in a preliminary hearing |
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Double Jeopardy Clause |
The 5th amendment double jeopardy clause prohibits the government from trying or punishing a person twice for the same crime.
Must pass both the single criminal transaction test and the required evidence test. |
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Attempt |
Taking a substantial step toward the completion of a crime with the specific intent that the crime be completed. |
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For cause juror challenges |
Only available in which jurors cannot be fair and impartial in upholding the law.
Note: "witherspooning": you can strike jurors who won't apply the death penalty |
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Single criminal transaction test |
The cases must be linked in time place and circumstance. |
Required for double jeopardy |
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The required evidence test |
Crimes are not the same offense for double jeopardy if each requires proof of a fact which the other does not |
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Constitutional right to speedy trial |
Under the Sixth Amendment a criminal defendant is guaranteed the right to trial within a reasonable time after being formally charged. If more than 6 months have elapsed between the charges and trial a balancing test applies. |
6th amendment |
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MD Hicks rule |
In the circuit court, absent good cause, a criminal defendant must be tried not later than 180 days after the first of entry of appearance or arraignment |
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Ex post facto clause |
The ex post facto clause prevents the government from passing a statute that criminalizes conduct or increases punishment for conduct that occurred prior to the effective date of the law |
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Entrapment |
Entrapment is a complete defense when a state agent induces the commission of a crime by one who is not otherwise predisposed to commit it. |
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Seizure |
An encounter with a state actor where there is a show of authority or use of force where a reasonable person would not feel free to leave |
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Stop |
A limited detention for investigative purposes where a reasonable person would not feel free to leave |
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Arrest |
A full search where a reasonable person feels that their freedom to leave is restricted in a significant way |
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Accosting |
An encounter with a state actor where a reasonable person would feel free to leave. Not a seizure |
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Search |
Any state action that is an intrusion on the defendant's reasonable expectation of privacy |
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Frisk |
A limited search consisting of a cursory pat down of outer clothing for weapons |
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Dog Sniff |
A dog sniff around a person or property is not a search where the officer is legally present |
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5th amendment Privilege against compelled self-incrimination |
The government may not force someone to give incriminating testimony against themselves. To be admissible, any confession must be voluntary and made in compliance with miranda. |
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Voluntariness |
Under the totality of circumstances voluntariness requires the state to prove that the statement was given freely and not the result of improper coercion or inducements Maryland holds this bar even higher. |
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Miranda |
Where there is custody and interrogation, miranda warnings must precede questioning. |
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