Va Crim Pro

Front 1

double jeopardy

Back 1

Double jeopardy precludes prosecution on two charges where one set of facts proves both crimes.
>applied to states under 14th Amend
>VA statute and Const. also prohibit
>Attaches when jury is empanelled
>Double jeopardy: 2 crimes proved by same set of facts

*Blockburger test: where each charge requires proof of additional facts that the other charge does not require, no double jeopardy

Front 2

Blockburger Test

Back 2

Where each charge requires proof of additional facts that the other charge does not require, no double jeopardy

Front 3

Search

Back 3

4th prohibits unreasonable search
>applied to states by 14th
>Standing requires reasonable expectation of Privacy
>Consent=no invasion of privacy
>State has burden to show consent
>3rd pty with actual or apparent authority can consent
-joint control or use of premises sufficient to give consent
>possession of key indicative of authority

Front 4

Can accused discover transcript of conversations with police?

Back 4

Yes, can request transcripts and can discover oral statements as well

Front 5

What is work product

Back 5

Work product is material developed by attorney in preparation for trial. It may not be discovered unless info in it is key to the case and cant be discovered in any other way.

Front 6

suppression of evidence obtained in violation of VA Statute

Back 6

If evidenced obtained contrary to statute but not Constitution it does not have to be suppressed

Front 7

How a defendant suppresses evidence:

Back 7

Defendant suppresses evidence by:
-having standing: (standing requires a reasonable expectation of privacy)
-show that thing seized was not "held out to public"

Front 8

Are conversations private?

Back 8

Conversations generally provide no right to privacy:
-assumption of risk that one party will repeat
-Govt is allowed to eavesdrop

Front 9

Govt's right to use device not in general public use

Back 9

If govt uses a device not in general public use the search is unreasonable

Front 10

Plain View

Back 10

Items in plain view will be ";held out to public"

Front 11

What is age cut off to be a juvenile?

Back 11

Under 18 years

Front 12

Sentencing of a Juvenile

Back 12

The circuit court judge not the jury sentences juveniles

Front 13

Self incrimination

Back 13

5th and VA constitution prohibit self incrimination.
>to be admissible a confession must be voluntary
>Commonwealth has burden to prove voluntariness
>Ct considers totality of circumstances to determine whether confession was result of defendant's free choice or whether police coercive conduct overcame defendant's will.
-factors considered are: age, gender, mental and physical health