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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

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.

Attempt

Taking a substantial step toward the completion of a crime with the specific intent that the crime be completed.

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

Single criminal transaction test

The cases must be linked in time place and circumstance.

Required for double jeopardy

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

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

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

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

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.

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

Stop

A limited detention for investigative purposes where a reasonable person would not feel free to leave

Arrest

A full search where a reasonable person feels that their freedom to leave is restricted in a significant way

Accosting

An encounter with a state actor where a reasonable person would feel free to leave. Not a seizure

Search

Any state action that is an intrusion on the defendant's reasonable expectation of privacy

Frisk

A limited search consisting of a cursory pat down of outer clothing for weapons

Dog Sniff

A dog sniff around a person or property is not a search where the officer is legally present

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.

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.

Miranda

Where there is custody and interrogation, miranda warnings must precede questioning.