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27 Cards in this Set
- Front
- Back
Are hearsay statements made by a co-conspirator admissible against another co-conspirator? |
Yes - even if rights of speaking co-conspirator are violated
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What are the death sentence rules?
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1. jury must find beyond a reasonable doubt at least one aggravating circumstance
2. jury must find mitigators by preponderance of the evidence 3. jury weights aggravating facts against mitigators 4. judge then reviews jury determination and can do against jury |
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What are the key phrases to know?
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1. reasonable articulable suspicion – to justify stop
2. probable cause – to justify arrest 3. beyond a reasonable doubt – for conviction 4. without unreasonable delay - time between arrest and to court 5. 3507 statements – prior recorded statements 6. Brady – exculpatory information - must provide to D at time received 7. Jenicks act statements – prior statements of a witness - must provide 8. amenability hearing – juvenile to adult court |
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What are the other phrases to know?
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9. reverse amenability – adult court to juvenile court |
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What is required for a Terry stop?
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Reasonable articulable suspicion for stop |
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What else does DE allow?
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A 2 hour detention |
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How is probable cause established in a warrant? |
Four corners of the affidavit
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When is a nighttime search allowed in DE?
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1. must state specific facts to establish it is necessary to prevent the escape or removal of the person or object
2. judicial officer must give express authority for nighttime search in warrant 10:00 p.m. – 6:00 a.m. |
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What is required for an arrest in DE (if no exception)?
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1. complaint
2. arrest warrant need probable cause |
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What is required after an arrest?
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Must take D to nearest available magistrate without unreasonable delay
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What is the order of hearings in DE?
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1. initial appearance
2. preliminary hearing (does not happen if indictment or information filed first) 3. grand jury indictment or AG information 4. arraignment – plead |
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What should you know about preliminary hearings?
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1. hearsay allowed |
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Who is allowed in a grand jury hearing?
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Prosecutor, witness, interpreter and court reporter |
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What is the difference between an indictment and information?
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Indictment – felonies and misdemeanors |
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When can offenses be joined in an indictment?
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1. same or similar character
2. based upon same transaction; or 3. common scheme or plan Co-Defendant can be charged in same indictment |
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Which motions must be raised pre-trial?
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1. defenses and objections based on defects in the institution of the prosecution |
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What must be given to D during discovery?
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1. written or recorded statements made by D or a co-D within possession, custody or control of the state, the existence is known, or by the exercise of due diligence may become known to AG |
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What must be given to state during discovery?
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1. books, papers, documents, photographs, and tangible objects the D intends to introduce |
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What is considered when attempting to withdraw a plea after sentencing? |
1. was there a procedural defect in taking the plea |
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What is required for juries?
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12 unless parties stipulate to less before verdict |
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How can jurors be challenged during voir dire?
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1. for cause
2. preemptory challenges |
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When is there a right to appeal by the state? |
1. any order granting D: |
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When will an informant be disclosed (Flowers hearing)?
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1. mere establishes probable cause for search – disclosure not required |
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What is an Allen charge?
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If a jury is deadlocked, the judge can give a supplemental instruction to encourage a verdict |
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What is a write of mandamus?
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Issued by DESC when petitioner shows that have a clear right to the performance of a duty by a trial court and no other adequate remedy is available; and trial court has arbitrarily failed or refused to perform its duty |
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What is a writ of prohibition?
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Prevent a lower court from exceeding the limits of its jurisdiction or a judge from proceeding where the he/she is disqualified by personal interest, bias or prejudice |
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What is a writ of habeas corpus?
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Sufficient showing that D is being held contrary to the sentencing orders of the court
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