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26 Cards in this Set

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fruit of the poisonous tree
evidence obtained from exploitation of the illegally obtained evidence
fruit of the poisonous tree exceptions
(1) evidence obtained from a source independent of the original illegality
(2) An intervening act of free will by the defendant
(3) inevitable distocery
Exclusionary RUle
judge-made doctrine that prohibits introduction of evidence obtained in violation of defendant's 4,5, and 6th amendment rights
Limitations on Exclusionary Rule
(1) Inapplicable to grand juries, civil proceedings...
(2) Good faith reliance on Law, Defective Search Warrant or Clerical Error.
(3) Use of Excluded Evidence for Impeachment Purposes.
(4) Miranda violations
fourth amendment
4th amendment provides that people should be free from unreasonable searches and seizures.
Seizure
A seizure occurs when a reasonable person would believe that she is not free to leave or terminate an encounter with the government.
Arrest
an arrest occurs when the police takes a person into custody against her will for purposes of criminal prosecution or interrogation.
probable cause is required
warrant generally ont required except for home arrests
probable cause
trustworthy fact or knowledge sufficiant for a reasonable person to believe that the suspect has committed or is committing a crime
Plain view doctrine
if authorities view an item of evidence from an advantage point where they have a right to be, the item is admissible even though the police don't have a warrant.
Informers
If the warrant is based on the hearsay of a police informers, the sifficiency of the information is determined based on the totality of the circumstances
SW based on Affidavit is invalid if
falsehood
intentionally and recklessly included false statement
falsehood was material to probable cause
6 exceptions to warrant requirement that are constitutional
a) search incident to lawful arrest
b) automobile exception
c) plain view
d) consent
e) stop and frisk
f) Hot pursuit, emergencies
confessions
must be voluntary
if inviolation of Miranda are admissible to impeach defendant trial testimony
Miranda rights
Admissible if defendant knowingly and voluntarily waive the right to remain silent and the right to attorney
Difference between Grand Jury and Criminal trials
(1) Defendant as grand jury witness has not right to have counsel present during his grand jury testimony
(2) Thre grand jury may consider evidence that would be excluded at the criminal trial
(3) D (grand jury witness) must appear if called, although he can refuse to answer specific questions on the grounds that they may incriminate him.
(note: exclusion of minorities only defect sufficient to quash grand jury indictment)
right to speedy trial
right does not attach until Defendant has been arrested or charged.
Rights to a fair trial :
Due process is violated if
(1) if jury did not give evidence reasonable consideration
(2)state compels the defedant to stand trial in prison clothing
(3) jury is exposed to influence favorable to the prosecution.
Defendant has a right to be represented by counsel at following stages
(1) custodial police interrogation
(2) post-indictment interrogation whether or not custodial
(3) preliminary hearing to determine probable cuase to prosecute
(4) arraignment
(5) post charge lineips
(6) guilty plea and sentencing
(7) felony trials
(8) misdemeanor trial when imprisonment is actually imposed or when suspended jail sentence is imposed
(9) overnight recesses during trial
(10) appeals as a matter of right
Taking the Plea
Judicial advice to defendant
(1) nature of charge
(2) of the maximum possible penalty and minimum
(3) can plead not guilty
(4) pleading guilty waive
s right to trial
(5) plea must be voluntary and intelligent
GUILTY PLEA
is a waiver of 6th amendment right to a jury trial
DOUBLE JEOPARDY
A Person may not be retried for the same offense once jeopardy has attached.
DOUBLE JEOPARDY exceptions permitting retrial of defendant
(1) first trial ends in hung jury
(2) manifest necessity to abort the original trial
(3) successfully appeal conviction when reversal is based on the weight not sufficiency of the evidence
(4) charges may be reistated after D breaches plea bargain
Separate Sovereign RUle under Double Jeopardy
Separate sovereigns can try a D for the same offense (Municipalities and States are same)
5th amendment - self incrimination clause privilege
(1) only testimonial evidence is protected
(2) only compelled testimonial evidence is privileged.
HARMLESS ERROR TEST
The doctrine of harmless error
prevents an unnecessary new trial when the error alleged would not have affected the outcome at trial.
RIGHTS GIVEN TO CHILD DURING TRIAL OF DELINQUENCY PROCEEDING
(1) written notice of charges
(2) assistance of counsel
(3) opportunity to confront and cross-examine witnesses
(4) the right not to testify
(5) the right to have guilt established by proof beyond reasonable doubt
(6) not right to trial by jury