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30 Cards in this Set

  • Front
  • Back
2 rules that govern the criminal law system
1. Almost all criminal D's are guilty
2. All lawyers and judges belive 1
Under the 5th Amendment...
No person shall be compelled in any criminal case to be a witness against himself
According to Ohio v. ____Can a witness plead the 5th?...even if they deny all culpability?
One who pleads the 5th...can only be used if there is a ______ chance that the _____ could face _____ for their _____
What are the 2 ypes of immunity
Transactional immunity
Use Immunity
What is transactional immunity?
Give example of it limitations
immunty from prosecution for all offenses to which the compelled testimony relates. Ex. Trial regarding perjury and witness admits to murder-- transactional immunity does not cover this.
____ immunity protects against the direct/ indirect use of the testimony in subsequent prosecution. Give. Ex
Use immunity
Ex. Witness testifies that he was a drug runner-- and gets use immunity. Gov. can't use he statements to prosecute him-- or to find other evidence to proseucute him
A motion in _____, request in advance of trial on the admissibility of a particular piece of evidence
What are three common pretrial motions
Motion in limine
Motion to suppress evidence
Motion to change venue
Although, the modern trend of prosecutor's is to have an open file polity--- What FRCP regulates discovery
What are 4 things prosec. must provide under R. 16
1.Def. Statements,
2. Scientific Reports
3. Documents and tangible objects
4. Witness lists
____ Rule: The ____ by the prosecution of evidence _____to an accused violates __ ____ where the evidence is _____ either to ____ or _____.
due process
For Brady purposes-- what does material mean?
That there is a reasonable probability tha , had the evidence been disclosed to the defense, the result would have been different
Concerning lost/destroyed evidence, under ________ Unless a DF can show bad faith on the part of the police, failure to preserve does not consitute a denial of DP of law. Why?
What is an arg. against this?
AZ v. Youngblood. THeory is that the gov. probably needs the evidence just as much as the Defense--
Dissent- A prosecutor's "good-faith try is insufficient- Constitution requires DF have a fair trial. Might to hard to prove Bad faith-- but it will still be critical to the case
If DF is charged and prosecutor finds emails DF sent from a home---and does not disclose this-- is there a Brady violation? Why or why not?
No. B/c If the nondisclosure is info the DF created or had acess to-- it is not a Brady violation
what are 2 things are the prosecutor is entitled to w/ regards to discovery under FRCP
1. Alibi
2. Insanity
What rule governs discovery for the prosecution?
Rule. 12
What rule governs Joinder
As for joinder of offenses, the indictment may charge a DF in separate counts w/ 2 or more offenses if the offense charged are of the ____/_____ character or based on the ____ act/ _____ or connected w/ or constitute parts of a _____ ____/___
same act/transaction
common sheme/plan
as far as joinder of DF's- the indictment may charge 2 or more DFs if they are alleged to have participated in the ____ ___/ _______ or in the sames ___ of ___/ _____ together or _______.
same act/transaction
series acts/transactions
The rule regarding Severance is found in Rule ___
Severance-- If the joinder of ______ or _____ appears to ______ a DF or the _____, the ct may order ______ trials, ____ the df's trial, or provide other relief
offenses or defendants
Under State v. Reldan-- a mere claim of prejudice is insufficient to sever cases/offenses. What factors will court consider. (4)
1. DF may face embarrasement
2. Jury might use evidence of one crime to infer guilt of the other
3. Jury may culmanate the evidence to find guilt
4. DF may face hostility
___ Amendment entiles DF to a speedy trial.
What act governs speedy trial?
Speedy Trial ACt
Under Speedy trial act-- after the _____/_____ chargind DF w/ an offense shall be ____ w/in ___ days from the date DF was arrested or served with a summons
Unless teh DF ___ in ____ to the contrary, the ___ shall not commence less than ___ days from the date on which the DF first appears
Name 6 exceptions to the 30/70 requirement under the Speedy trial act.

Are continuances allowed for delay resulting to congestion or the court, lack of diligent preparation or prosecutors failure to obtain witnesses?
See p. 20 of outline
How does a ct cure the failure to grant a speedy trial
Dismissal of the indictment w/ prejudice and the freeing of the DF found guility of a crime
What are the 4 factors under Barker v. Wingo that cts balance to determine whether to grant a motion for a speedy trial violation
1. Length of delay
2. Reason for the delay
3. DF's responsibility to assert his right
4. Prejudice to DF- (includes lenht of incarceration, possibility Defense will be impaired, anxiety of DF)