Summary: Organizing Criminal Procedure Essays Flashcards
(14 cards)
What is the purpose of the exclusionary rule?
To suppress evidence obtained in violation of a defendant’s rights under the Fourth/Fifth/Sixth Amendments
The exclusionary rule applies to evidence obtained through illegal searches or interrogations, protecting defendants’ constitutional rights.
Which amendments are applicable to the exclusionary rule?
Fourth, Fifth, Sixth Amendments
These amendments are applicable to the states through the Fourteenth Amendment.
What does the Fourth Amendment protect against?
Unreasonable government searches and seizures
This amendment ensures that evidence obtained without proper warrants or probable cause can be excluded.
What does the Fifth Amendment protect against?
Compelled self-incrimination
Statements made during custodial interrogation are inadmissible unless the defendant was informed of their Miranda rights.
What rights does the Sixth Amendment grant to defendants?
Right to counsel at all critical stages of prosecution
This amendment also includes rights to confront witnesses, jury trial, speedy trial, and protection against double jeopardy.
What happens if there is an unlawful seizure under the Fourth Amendment?
Defendant is released
An unlawful seizure indicates a violation of rights that can lead to the defendant’s release.
What is the outcome of an unlawful search under the Fourth Amendment?
Evidence is excluded
Evidence obtained through unlawful searches cannot be used in court.
What occurs if the right to silence is not scrupulously honored under the Fifth Amendment?
Confession (not physical evidence) is excluded
This ensures that any confession obtained without respecting the right to silence cannot be used against the defendant.
What are the consequences of an involuntary confession under the Fifth Amendment?
All evidence is excluded
An involuntary confession is deemed unreliable, invalidating all related evidence.
What is the impact of a Miranda violation on confessions?
Confession (not physical evidence) is excluded, but may be used to impeach the defendant
A Miranda violation can affect the admissibility of confessions in court.
What is the effect of a violation of the right to counsel under the Sixth Amendment?
All evidence is excluded, but confession may be used to impeach the defendant
This emphasizes the importance of legal representation during critical stages of prosecution.
What happens to a conviction if the right to counsel is violated?
Automatic reversal of conviction
A violation of the right to counsel can lead to a retrial or dismissal of charges.
What can happen to a guilty plea if the right to counsel is violated?
Plea may be withdrawn and is fully excluded
This provides defendants a chance to reconsider their plea in light of legal misrepresentation.
What analysis is applied in nontrial proceedings if the right to counsel is violated?
Harmless-error analysis
This analysis determines whether the error affected the outcome of the proceeding.
