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Flashcards in Criminal Procedure Deck (63)
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61

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.

62

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.

63

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

5th : custodial police interrogations.

6th: post indictment