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12 Cards in this Set

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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!
Actions for misdemeanors must be brought w/i ______.
Actions for misdemeanors must be brought w/i 1 YEAR.
Failure to raise the defense of statute of limitations before _________ is a ________ of the defense.
Failure to raise the defense of statute of limitations before JUDGMENT is a WAIVER of the defense.
An accused may waive right to counsel if the waiver is _________ and __________ made.
An accused may waive right to counsel if the waiver is VOLUNTARY and INTELLIGENTLY made.
May seizures go beyond things specified in the warrant?
YES! Seizures may go beyond the things specified in the warrant.
If a warrant is NOT executed w/i ______ after its issuance, it is void.
If a warrant is NOT executed w/i 15 DAYS after its issuance, it is void.
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.
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).
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.
Confessions resulting from illegal _______ or _________ are inadmissible.
Confessions resulting from illegal SEARCHES or SEIZURES are inadmissible.
Who has the burden of proving voluntariness? By what standard?
The Commonwealth bears the burden of proving voluntariness by a preponderance of the evidence.
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.
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.