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6 Cards in this Set

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people v. lavalle
states jury instructions were unconstitutional under the state consititution. jurors were supposed to sentance def. to death or life w/ out parole if they cant reach a unanamous decision the judge sentances def. to life w/ parole after 20-25yrs. this made jurors scared that the def. might get relased after 20yrs and come after them, so they may have convicted them to death.
how to cite an attempted charge?
pl §110.00 & 160.15. attempted robbery 1
attempt
must come within dangerous proximity. not in statute, comes from case law.
warren
attempted criminal possesion of a controled substance 1. did not go to trial, dismissed by a motion of the defendants attorney. da should have charged conspiracry 2. they were not in dangerous proximity, convicted in federal court using the substancial steps test. met with informant jwb in hotel, wanted prices, to test the coke, didnt have enough mone etc
conspiracy
intent and agreement and overt act in the furthance of the crime
why didnt the da file another charge against warren
30.30 rule, prosecutor ready for trial, ran out of time provided in statutue of limitations b/c they persued attempt charges through the appeals process. Not double jeopardy b/c that doesnt attach until trial stage.