Criminal Procedure

Front 1

fruit of the poisonous tree

Back 1

evidence obtained from exploitation of the illegally obtained evidence

Front 2

fruit of the poisonous tree exceptions

Back 2

(1) evidence obtained from a source independent of the original illegality
(2) An intervening act of free will by the defendant
(3) inevitable distocery

Front 3

Exclusionary RUle

Back 3

judge-made doctrine that prohibits introduction of evidence obtained in violation of defendant's 4,5, and 6th amendment rights

Front 4

Limitations on Exclusionary Rule

Back 4

(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

Front 5

fourth amendment

Back 5

4th amendment provides that people should be free from unreasonable searches and seizures.

Front 6

Seizure

Back 6

A seizure occurs when a reasonable person would believe that she is not free to leave or terminate an encounter with the government.

Front 7

Arrest

Back 7

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

Front 8

probable cause

Back 8

trustworthy fact or knowledge sufficiant for a reasonable person to believe that the suspect has committed or is committing a crime

Front 9

Plain view doctrine

Back 9

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.

Front 10

Informers

Back 10

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

Front 11

SW based on Affidavit is invalid if

Back 11

falsehood
intentionally and recklessly included false statement
falsehood was material to probable cause

Front 12

6 exceptions to warrant requirement that are constitutional

Back 12

a) search incident to lawful arrest
b) automobile exception
c) plain view
d) consent
e) stop and frisk
f) Hot pursuit, emergencies

Front 13

confessions

Back 13

must be voluntary
if inviolation of Miranda are admissible to impeach defendant trial testimony

Front 14

Miranda rights

Back 14

Admissible if defendant knowingly and voluntarily waive the right to remain silent and the right to attorney

Front 15

Difference between Grand Jury and Criminal trials

Back 15

(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)

Front 16

right to speedy trial

Back 16

right does not attach until Defendant has been arrested or charged.

Front 17

Rights to a fair trial :
Due process is violated if

Back 17

(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.

Front 18

Defendant has a right to be represented by counsel at following stages

Back 18

(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

Front 19

Taking the Plea
Judicial advice to defendant

Back 19

(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

Front 20

GUILTY PLEA

Back 20

is a waiver of 6th amendment right to a jury trial

Front 21

DOUBLE JEOPARDY

Back 21

A Person may not be retried for the same offense once jeopardy has attached.

Front 22

DOUBLE JEOPARDY exceptions permitting retrial of defendant

Back 22

(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

Front 23

Separate Sovereign RUle under Double Jeopardy

Back 23

Separate sovereigns can try a D for the same offense (Municipalities and States are same)

Front 24

5th amendment - self incrimination clause privilege

Back 24

(1) only testimonial evidence is protected
(2) only compelled testimonial evidence is privileged.

Front 25

HARMLESS ERROR TEST

Back 25

The doctrine of harmless error
prevents an unnecessary new trial when the error alleged would not have affected the outcome at trial.

Front 26

RIGHTS GIVEN TO CHILD DURING TRIAL OF DELINQUENCY PROCEEDING

Back 26

(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