Criminal Procedure Flashcards
(5 cards)
When are Miranda warnings required?
Miranda warnings are only required when a suspect is in custody and subjected to interrogation. A suspect is in custody when formally arrested or when the suspect’s freedom of movement is so restricted that a reasonable person would not feel free to terminate the encounter.
When is a sentencing factor considered an element of an offense?
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.
Does the privilege against self-incrimination apply to evidence discovered during a search?
No, the privilege against self-incrimination only applies to the compelled production or creation of evidence.
Is informed consent necessary for police to search a home?
No, informed consent is not necessary. Consent need only be given freely and voluntarily (i.e., without police coercion).
When double jeopardy does not apply and a second prosecution is permitted
DJ does not prohibit a second prosecution for the same offense when (1) the defendant was convicted of a lesser offense at the first trial, (2) the second prosecution involves a greater offense, and (3) the facts necessary to prove that offense did not exist during the first trial.
