crim pro Flashcards
(9 cards)
5A double jeopardy attaches
once jeopardy has attached—e.g., when the jury is impaneled and sworn in.
Effect of mistrial on double jeopardy
no bar to a second prosecution when a mistrial is declared:
(1)at the defendant’s request or with the defendant’s consent or
(2) due to manifest necessity—i.e., a situation rendering it impossible to continue the trial or reach a fair outcome.
One example of manifest necessity is a hung jury—i.e., a jury that cannot reach a unanimous verdict after deliberation.
invocation of 5A right to counsel
All interrogation must cease if a suspect invokes the Fifth Amendment right to counsel. But if the suspect then makes a volunteered statement not prompted by police interrogation, then that statement can be used against the suspect at trial.
death penalty on accomplice to felony murder
An accomplice to felony murder who did not kill, attempt to kill, or intend to kill cannot be sentenced to the death unless the accomplice
(1) significantly participated in the commission of the underlying felony and
(2) acted with reckless indifference to human life.
Rights & privileges that may be invoked at grand jury proceedings
Privilege against self-incrimination (Fifth Amendment)
Equal protection (Fifth/Fourteenth Amendment)
Congressmen’s privilege not to be questioned about legislative activities (speech or debate clause)
Attorney-client privilege
Spousal privilege
Marital communications privilege
Psychotherapist-patient privilege
ineffective assistance of counsel
defendant must show that
(1) the attorney’s performance fell below objective standards of reasonableness and
(2) there is a reasonable probability that, but for that deficiency, the outcome would have been different.
SILA
Police may conduct a warrantless search incident to arrest when a person has been lawfully arrested and the search is limited to the person’s body and areas within the person’s immediate reach. The vehicle may also be searched it is reasonable to believe that evidence of the crime may be found therein.
Fifth Amendment privilege against self-incrimination and compelling documents at grand jury
The Fifth Amendment privilege against self-incrimination protects suspects from compelled testimonial communications—eg, the act of producing a document that would prove its existence, possession, and/or authenticity. However, self-incriminating testimony can still be compelled if the government grants use and derivative use immunity.
when can defendant waive 6A right to counsel and proceed pro se
A defendant can only waive his/her Sixth Amendment right to counsel and engage in self-representation if the trial court confirms that the defendant (1) knows the nature of the charges, range of punishment, and disadvantages of self-representation and (2) is not being forced to choose between incompetent counsel and self-representation.
