5th Amendment Flashcards
(17 cards)
Brady Rule Case Definition Essential components
Brady v. Maryland (1963)
- Prosecutor’s inadvertent or willful failure, on request,
- to turn over evidence favorable to accused, material of guilt or punishment,
- violates due process by prejudicing D,
- Undermining validity of the verdict
Jencks Act disclosure Relevant factors to consider
- No connection between prior statements and prior testimony need be established before disclosing prior statements
- Once defendant has requested, required to disclose if related to subject matter of testimony In camera to determine whether pertaining to testimony
- Can redact if not related If prosecution turns over, witness’s testimony is stricken or mistrail declared where appropriate.
Jencks - Categories of disclosure required
- Written statement made by witness or otherwise adopted and approved
- Substantially verbatim contemporaneously recorded recital of witness’s oral statement (including statements by police as interviewing witness)
- Statements to grand jury, however recorded, or transcription thereof
Prosecution’s duty to preserve evidence Cases most frequently cited Relevant rules
- CA v. Trombetta (1984) - Evidence expected to play a material role
- Exculpatory value apparent before and after destruction
- Materiality - whether it undermines confidence in verdict
- Arizona v. Youngblood (1988) - In absence of bad faith, failure to preserve potentially useful evidence does not impact due process.
Fifth Amendment against self-incrimination 3 elements Type of protected statement
CUST
1. Compulsion by state
2. Use in criminal case
3. must be witness against himSelf
4. Testimonial in nature
Exculpatory no doctrine What is it? Which landmark case abolished?
- Cannot perjure oneself by claiming you didn’t do it.
- Abolished in Brogan v. US (1988) -
- Now must remain silent to avoid perjury.
Types of immunity for giving testimony
- Transactional - no prosecution for any transaction discussed. Broadest form of immunity.
- Use/derivative use - no use of testimony but can still be prosecuted.
Waiver of Fifth Amendment privilege. When is it lost?
- Waiver must be explicit or implicit by giving testimony inconsistent with retention.
- Can lose privilege permanently if not invoked.
Miranda doctrine Elements considered for custody
Elements for interrogation
PAPICA
1. Purpose of investigation
2. Awarness of freedom to leave
3. Place and length
4. Initiated how and by whom
5. Coercive tactics used
6. Atmosphere
Interrogation - done with purpose of eliciting incriminating response, “express questioning or its functional equivalent,” coercion and susceptibility thereto.
Exceptions to Miranda requirement:
- Booking
- Public safety
- Testimony before grand jury
Double jeopardy - rule
No one can be prosecuted twice for the same crime. Conviction Acquittal Re-prosecution of same offense (look to elements of the offense - if different, then not the same crime)
When does double jeopardy right attach?
When jury is sworn, or First witness sworn in bench trial
Double jeopardy - lesser and greater included offenses - what is the general rule?
- Double jeopardy does not apply for prosecution’s greater included offenses pending at the time when the defendant already defeated a lesser offense.
- However, where a defendant is acquitted for a greater included offense, that will preclude re-prosecution for lesser-included offenses.
Double jeopardy - trial de novo for insufficient evidence
Trial de novo due to insufficient evidence does not implicate double jeopardy because it is considered one continuous trial.
Double jeopardy - hung jury effect
Failure of jury to reach a verdict does not terminate jeopardy. Government is entitled to resolution on the merits. Jeopardy continues until then.
Double jeopardy - judge declares a mistrial
Where a judge, sua sponte, declares a mistrial without the defendant’s consent, a new trial is not barred automatically.
