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Flashcards in Criminal Procedure Deck (63)
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Writ of habeus corpus

* Available to defendant in custody, or on probation or parole.

* Civil action. Must show by preponderance of evidence that detention was improper.


Sentence enhancements

If fact proved to enhance sentence over statutory maximum, then:
1) must be charged in indictment;
2) proved beyond reasonable doubt;
3) submitted to jury.

NOT applicable to consecutive sentences based on determinations by judge.

Harmless error analysis for violations.


5th amendment right to counsel vs. 6th amendment right to counsel

5th : custodial police interrogations.

6th: post indictment