Criminal Procedure Flashcards
Court of Appeals’ Standards of Review
When reviewing a trial court’s ruling on a motion to suppress, an appellate court should accept the trial court’s findings of historical fact unless they are clearly erroneous. The appellate court should review the trial court’s conclusions of law de novo.
Double Jeopardy
Double jeopardy protections are triggered as soon as the defendant is put on trial—before a conviction or acquittal. An indictment can be quashed on double jeopardy grounds even though the defendant has not been convicted or acquitted of the offense.
Miranda Warnings
If the interrogation of a suspect who has waived his/her Miranda rights is stopped for a long duration, the police must re-Mirandize the suspect prior to resuming the interrogation.
Sixth Amendment
The 6th Amendment right to counsel attaches to an uncharged crime that constitutes the same offense as a formally charged crime. However, it does not attach to an uncharged crime that requires proof of an element that the other does not.
Violation of Double Jeopardy Clause
A felony-murder prosecution predicated upon an underlying felony for which the defendant was acquitted in a previous trial is improper because it would require retrying the underlying felony in violation of the double jeopardy clause
Grand Jury Proceedinga
A defendant indicted by a grand jury that excluded members of a racial group may raise an equal protection challenge— even if the defendant is not a member of the excluded group. And if deliberate/intentional discrimination is found, the conviction must be automatically reversed on appeal.
Structural errors
Structural errors are never harmless because they affect the entire framework of a trial and render it fundamentally unfair. An automatic reversal on appeal is required.
For example—discriminatory selection of grand jurors
Accomplice and Death Penalty
An accomplice to felony murder who did not kill, attempt to kill, or intend to kill cannot be sentenced to the death penalty unless the accomplice 1) significantly participated in the commission of the underlying felony and 2) acted with reckless indifference to human life.
Fifth Amendment Right Against Self-Incrimination
Gives the witness the right to remain silent BUT NOT the right to commit perjury
Miranda Warnings and Undercover Agents
Miranda warnings are not required when the suspect is subjected to a custodial interrogation but did not know that the interrogator is a police officer— when the officer is undercover
Anticipatory Search Warrant
Anticipatory search warrants are not void for lack of particularity when they fail to state the triggering condition of the supporting affidavit provided sufficient information to evaluate the probable cause requirement
Probable cause to believe that the triggering condition will occur and if the condition does occur, there is a fair probability that contraband or evidence of a crime will be found at the place to be searched
6th Amendment Right
Protects non-indigent criminal defendants’ right to choose the attorney who will represent them. The erroneous denial of a defendant’s choice of counsel constitutes structural error and requires automatic reversal of the defendant’s conviction
State Exclusionary Rule
state constitutions may offer protections that exceed the minimum federal constitutional requirements. And when a state’s highest court sets clear precedent regarding a state constitutional right, lower state courts (trial and intermediate courts) must follow that precedent when resolving a similar legal issue.
Affirmative Defenses
Duress
Insanity
Necessity
Entrapment
Defense of persons/property
Mnemonic: DINED
Reasons for Invalid Search Warrants
A search warrant is invalid if the preponderance of the evidence shows that (1) the application contains a false statement necessary to the finding of probable cause and (2) the officer who submitted the application knew that the statement was false or recklessly disregarded its falsity.
Private Individuals
evidence is admissible if it was obtained by a private individual acting on his/her own behalf, without the government’s knowledge or participation (eg, concerned citizens, vigilantes).
Sentencing Factor
A sentencing factor is considered an element of a criminal offense when it would increase the statutorily imposed sentencing range (if proven). Therefore, when the Sixth Amendment right to a jury trial has been invoked, the factor can only be imposed if a jury finds that the prosecution has proven it beyond a reasonable doubt.
Arrest Warrants
An arrest warrant allows officers to arrest a suspect in his/her home. But officers can only forcibly enter that home to make the arrest if they (1) knock and announce their presence, (2) allow a reasonable opportunity for someone to answer, and (3) have reason to believe that the suspect is inside.
