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12 Cards in this Set
- Front
- Back
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STATUTES OF LIMITATION
Beginning to run upon _________ OF CRIME. Ceasing to run upon __________ OF PROSECUTION. NOTE: No limitations for ________ or ___________ OFFENSES! |
STATUTES OF LIMITATION
Beginning to run upon COMMISSION OF CRIME. Ceasing to run upon COMMENCEMENT OF PROSECUTION. NOTE: No limitations for FELONIES or CONTINUING OFFENSES! |
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Actions for misdemeanors must be brought w/i ______.
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Actions for misdemeanors must be brought w/i 1 YEAR.
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Failure to raise the defense of statute of limitations before _________ is a ________ of the defense.
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Failure to raise the defense of statute of limitations before JUDGMENT is a WAIVER of the defense.
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An accused may waive right to counsel if the waiver is _________ and __________ made.
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An accused may waive right to counsel if the waiver is VOLUNTARY and INTELLIGENTLY made.
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May seizures go beyond things specified in the warrant?
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YES! Seizures may go beyond the things specified in the warrant.
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If a warrant is NOT executed w/i ______ after its issuance, it is void.
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If a warrant is NOT executed w/i 15 DAYS after its issuance, it is void.
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An accused charged w/ a felony has a right to a ___________ _________ unless an ____________ is returned prior to that.
Failure to adhere to this requirement is ___________ ________. |
An accused charged w/ a felony has a right to a PRELIMINARY HEARING unless an INDICTMENT is returned prior to that.
Failure to adhere to this requirement is REVERSIBLE ERROR. |
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Discovery is available ONLY:
- In __________ PROSECUTIONS; -In ________ COURTS OF _______ (circuit courts). |
Discovery is available ONLY:
- In FELONY PROSECUTIONS; -In TRIAL COURTS OF RECORD (circuit courts). |
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HARMLESS ERROR TEST APPLIES
A conviction (will/will NOT) be overturned for erroneous admission of an __________ CONFESSION if the government can show that there was other _______________ EVIDENCE OF GUILT. |
HARMLESS ERROR TEST APPLIES
A conviction will NOT be overturned for erroneous admission of an INVOLUNTARY CONFESSION if the government can show that there was other OVERWHELMING EVIDENCE OF GUILT. |
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Confessions resulting from illegal _______ or _________ are inadmissible.
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Confessions resulting from illegal SEARCHES or SEIZURES are inadmissible.
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Who has the burden of proving voluntariness? By what standard?
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The Commonwealth bears the burden of proving voluntariness by a preponderance of the evidence.
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PRESENTMENT: A written ___________ of a crime, prepared and returned by a ________ grand jury from their own _________ or _________, w/o a bill of ________ laid before them.
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PRESENTMENT: A written ACCUSATION of a crime, prepared and returned by a REGULAR grand jury from their own KNOWLEDGE or OBSERVATION, w/o a bill of INDICTMENT laid before them.
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