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270 Cards in this Set

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What are due process reqs for criminal statutes?
1) Fair warning - P of ord intellig must be able to discern what is prohib 2) No arbitrary & discrim enforcement.
What are the substantive limitations on federal and state legislatures?
1) No ex post facto laws 2) No Bill of Attainder
What are some rules of construction for criminal statutes?
"1) Crim stats construed strictly favor Defs 2) If 2 stats apply & reach diff conclus, more specif stat applied. 3) Newer stat will control 4) Under new comprehens codes, crimes comitted prior to effect date of new code subj to prosecut & punish under law as existed @ time committed"
What are the merger rules?
1) person may not be convicted of attempt + crime / solicitation + crime
What is the double jeopardy rule for lesser included offenses?
"Def not tried lesser includ offense if put jeop for greater offns. Ct can impose multip punishs @ single trial if punish = 2 stat defined offs specif intend by legis carry sep punishs, even if offs rise fr same tx & constitut same crime"
What are the general elements of crime?
"1) Mens rea 2) Actus reus - volit act 3)Concurrence of 1&2. Failure act also act"" if: 1) Specif duty imposed 2) Def knowldg facts give rise to duty, & 3) Reas poss to perform duty"
What is specific intent crime?
A crime which requires specific intent / objective.
What is general intent crime?
"crime where intent can be inferred from act, so long as def aware acting in proscribed way & any req attendant circumst exist"
What is transferred intent?
"def liable under transf intent if intends harm actually caused but to diff victim / object. Applies homic, battery, & arson"
What are the 4 MPC states of mind and their definitions?
1)Purposely - Conscious obj engage in proscrib conduct 2)Knowingly - Awareness conduct is of partic nature / will cause partic result 3)Recklessly - conscious disreg subst known risk 4)Negligently - Failure aware of subst risk.
What is principal?
One who commits illegal act = liable for principal crime.
What is accomplise?
One who aids / encourages princp commit illeg conduct = liable for principal crime if intended aid / encourage crime & for any other crimes probable / forseeable
What is accessory after the fact?
One who aids another escape knowing he committed felony = liable for lesser crime = accessory after fact
What are some exceptions in accomplise liability?
Membs of protect class excluded from accomplise liab. P neccess to crime who not provided for in stat = no liability.
When can person w/draw from being accomplise?
Must w/drw before crime = unstoppable. W/drawer must: 1) Repudiate (suffic mere encourage) 2) Attempt neutralize if particip beyond mere encourage. 3) Notifying police / taking action stop crime = suffic
What are the elements of solicitation?
"1) Inciting, counseling, advising, urging, / commanding another to commit crime, 2) w/ intent P solicited commit crime"
What are defenses to solicitation?
Solicitor not guilty of target crime b/c of legis intent exempt her (ie woman can't solicit to transport across state lines for immoral purps
What are the elements of conspiracy?
"1) Agrmt btw 2 / + Ps 2) Intent enter into agrmt 3) Intent by to achieve object of agrmt. Maj JD req overt act, though act of mere preparation=suffic"
What are some special conspiracy rules?
"1) agrmt needn't be express, may be inferred from Jt act. 2) Wharton rule, if 2 / + Ps necess for commiss off (adultry) no conspir unless more Ps particip than neccess 3) Ps in protect class can't conspire / commit target crim 6) Tradit vw = all co-conspir acquit, remainer can't convict"
When is DEF liable for co-conspirators crimes?
"1) If crimes committed in furtherance of objects of conspir, & 2) = forseeable"
When does conspiracy terminate?
Upon complete of wrongful object (acts concealmt not part of conspir unless agreed to)
Is impossibility defense to conspiracy?
No.
What is w/drawal (consp?)
"W/draw from conspir not defense to conspir b/c comeplete as soon as agrmt & overt act. W/draw = defense to further crimes (also target crime) if conspirtor notifies all members of conspir of w/draw. Must given in time for them to abandon plans. Also, if accomplise, must try to neutralize"
What are the MPC w/drawal rules?
"In addit to reg w/draw rules, MPC allows P does reg w/draw stuff & acts to thwart conspir to w/draw"
What are the elements of attempt?
"Attemp = 1) act beyond mere prep (trad: dangerly close, mod: substl step), & 2) Specif intent commit crime"
Is factual impossibility defense to attempt?
No Defense factually imposs to commit crime
Is legal impossibility defense to attempt?
Yes. (The act which DEF undertook not crime).
Is abandonment defense?
"No, once intent formed & overt act taken, he is guilty of attempt."
What are the merger rules for attempt?
Attempt merges w/ target crime.
What is the M'Naghten Rule?
Def acquittal only if had mental disease caused to either not know act wrong / not understand nature / quality actions
What is the irresistible impulse test?
"Def acquittal only if, b/c of mental illness, unable control acts / conform conduct to law"
What is the Durham Rule?
Def acquittal if crime=product mental illness. Broader than II / MN.
What is the ALI rule?
"Def acquittal if had mental disease & as result, lacked subst capacity to: a) Appreci criminality of conduct, / b) Conform conduct to law"
Who bears the burden w/ the insanity defense?
"Def must raise issue, split as to who has b of p"
"Can the DEF plead ""not guilty"" at the arraignment and then later raise insanity?"
Yes.
When can DEF refuse psychiatric evaluation?
If he has not pled insanity - he must take exam if he has pled insanity.
What is the rule for being sane during trial?
"Def is unable to understand nature of proceedings brought against / to assist lawyer prep defense, may not be tried, convicted, / sentenced"
What is diminished capacity?
"Some JD allow defense when Def is short of insanity but didn't have mental state req for crime charged. Usually SI, some JD GI."""
Is voluntary intoxication defense?
"Yes to SI crimes (purp/knowldg) & intox prevented def from forming intent. Not defense for malice, reckless, neglig, / GI"
What are the rules for involuntary intoxication?
Invol intox may be treated as mental illns (under jx's insanity test). 1) W/o knowledge of intoxicant 2) Under direct durress imposed by another 3) Pursuant to medic advice unaware of intox effect
What are the CL and modern infancy rules?
"CL: < 7. 7-14, rebut presumpt unable to underst, 14=adults. Most jx's pick age (13 / 14). doesn't mean younger child can't be found delinq in juvie / family Cts"
What are the rules for self-defense?
"P w/o fault may use such force as reas appears neccessary to protect self from A)imminent unlawful force against self. B)No duty retreat. If P also faces imminent death / great bodily harm, deadly force=justified. Minor view is w/deadly force, must retreat first, unless 1) attack in Victim's home, 2) attack occurs while lawful arrest, / 3) assailant is robbing victim."""
When may aggressor use self-defense?
"Y If: 1) Effect w/draws & communicat to other desire, / 2) Victim suddenly escal minor fight into deadly alterc & init aggressor no chance w/draw"
What is the rule for defense of others?
Def has Rt defend others if reas believes person assisted has legal rt use force in own def - only need reas appear rt use force.
What are the rules for defense of dwelling?
Nondead F used prevent /term reas see unlawful entry into / attack on defs dwelling. Deadly F may used only prevent violt entry made w/intent commit pers attack on inhabitant / prevent entry to commit felony in dwelling.
What are the rules for defense of prop?
Deadly F NEVER for def prop. Nondead F may used def prop in one's possess from unlawful interf but not used if req desist = suffic
Can force be used to regain possession?
Only in hot pursuit.
What levels of force can be used to prevent crime?
Nondead F may used to extent reas necess prevent felony / serious breach peace. Dead F used only term / prevent danger felony re risk human life.
What force may be used to effectuate arrest by cop?
Nondead F may used by police offs if reas appears neccess to effectuate arrest. Deadly F reas only neccess prevent felon's escape & felon threatens serious bodily harm
What force may be used to effectuate arrest by private person?
Priv p privlg use nondead F to make arrest if crime in fact committed & priv p has rea grounds believe P arrested in fact committed crime. Private p may use dead F only if P actually guilty of offense for which arrest made.
What force may be used to resist arrest?
Nondead F may be used resist improp arrest even if officer is making arrest. Deadly F used only if P not know P arresting is police off
What is the defense of neccessity?
"Def reas believed commiss of crime necess prevent imminent & greater evil to society than evil involved in crime. Object test, GF belief not suffic. Rules: Death of another never justifed. Defense not avaliable if P at fault creating situat in choose btw evils"
What is the defense of public policy?
"A police officer / another assisting him is justified in using reas force against another, / in taking prop, provided officer acts pursuant to law, court order, / process requiring / authorizing him to so act."
What about children?
Parents of minors & those in loco parentis may lawfully use reas force upon child for purpose of promoting its welfare.
What is duress?
It is defense to crime other than homicide DEF reas believed another person would imminently inflict death / great bodily harm upon him / member of his family if he did not commit offense.
What is mistake of fact?
"Mistake of fact is defense to extent it shows DEF lacked state of mind required for crime. If mistake is offered to disprove specific intent crime, mistake need not be reas. If it is offered to disprove any other state of mind, it must have been reas mistake / ignorance."
What is mistake / ignorance of law?
"Generally, no defense DEF believed acting legally, even if belief reas & based on advice of attorney. However, reliance on attorney can negate mental state element."
What are the exceptions to mistake of law?
"If a) statute not published / made reas avail, b) Reas reliance on stat / judicial decision, c) some JDs, reas reliance on official interp / advice. Also, ignor of law may negate intent"
Is consent defense?
"Usually NO, unless crime requires lack of consent (rape), or w/ minor assaults or batteries. Must be estab that: 1) Consent volunt & freely given, 2) party legally capable of consent, & 3) No fraud obtain consent"
What are the rules for entrapment?
"Entrapment is defense if 1) criminal design originated w/ law enforcement officers, & 2) DEF not predisposed to commit crime prior to contact by government"
Can person be entrapped by private citizen?
No.
Can entrapment defense be based on the fact government agent provided ingredient for commission of crime (e.g. raw materials for drugs?)
Only one case on this question in federal court - federal law says no.
What is battery?
Battery is unlawful application of force to person of another resulting in either bodily injury / offensive touching. (A misdemeanor)
What is aggravated battery?
"Most jx's recognize aggravated battery & make them felony. Agg batter is: 1) Battery w/ deadly weapon, 2) Battery resulting in serious boldily harm, 3) battery of child, woman, / police officer."
What is assault?
"Assault is either: 1) attempt to commit battery, / 2) intentional creation other than by mere words of reas apprehension in mind of victim of imminent bodily harm. If there has been actual touching, crime must be battery."
What is aggravated assault?
Aggravated assault (with deadly weapon / w/ intent to rape / main) is treated more seriously than simple assault.
What is mayhem?
Mayhem is disablement / dismemberment of bodily part. recent trend is to abolish mayhem & treat it as form of aggravated battery.
What is CL murder?
The unlawful killing of human being w/ malice aforethought.
When does malice aforethought exist?
Malice aforethought = no facts reducing killing to vol MS / excusing it & it committed w/one following states of mind: 1) Intent to kill 2) Intent to inflict great bodily injury 3) Reckless indiff unjustif high risk human life 4) Intent to commit felony
What is voluntary manslaughter?
"VM = murder BUT FOR existence of adeq provocat = 1) Provocat arouse sudden & intense passion in mind of ordinary P, causing loss self-control (e.g. threat deadly F / spouse in bed w/ another) 2) DEF in fact PROVOKED 3) There not suffic time btw provocat & killing reas person to cool, & 4) DEF in fact didn't cool off"
What is imperfect self-defense?
"Some states recognize ISD, where murder is reduced to manslaughter even though DEF at fault in starting altercation, / DEF unreas but honestly believed in neccessity of responding w/ deadly force."
What is involuntary manslaughter?
A killing is involuntary manslaughter if it committed w/ criminal negligence / during commission of unlawful act (misdemeanor / non-violent felony)
What is first degree murder?
"2nd deg M (CL murder) =1st deg M if DEF made decision to kill in Cool & Dispassionat manner & actually Reflected on idea of killing, even if brief (deliberate & premeditated). Also, M during comission of Arson, Robbery, Burglary, Rape, Mayhem, & Kidnapping = 1st deg M. Some JD (torture, trainwrecking)"
What is the felony murder rule?
"1) Death occurs in comission of / in attempt felony = M. 2) felony must inherently danger. 3) felony must Distinct from killing (no aggrav battery cause death) 4) Death been forseeable result 5) Must caused before DEFs immed flight (once place temp safety, subseq deaths are not FM) 6) In most JDs, DEF not liable if co-felon killed resistance from police / victim. 7) Agency JD: DEF not liable if innocent party is killed by police officer / resisting victim. prox cause JD: may be liab"
What is misdemeanor manslaughter?
The misdemeanor must be malum in se (inherently wrong) / death must have been forseeable as result of misdemeanor.
What are the causation rules for murder?
"1) Cause in fact + prox cause 2) Rule for crim law: ""DEFs conduct = prox cause if result is natural & prob conseq of conduct, even if DEF didnt anticip precise manner. Supersed factors break chain of prox caus. 3) act hastens inevit result is still legal cause result. Preexisting weakness / fragility not break chain of cause"
What is false imprisonment?
1) Unlawful confinement 2) w/out valid consent
What is kidnapping?
"1) Unlawful Confinement 2) Some movement / 3) Concealment P.S. Aggravated kidnapping is ransom, other crimes, offensive purposes, child stealing"
What is rape?
Unlawful carnal knowledge of woman by man not her husband w/out her effective consent. slightest penetration is sufficient.
Is the husband component of rape still valid?
Most states have done away w/ it.
When is consent lacking for rape purposes?
"1) Intercourse accomplished by actual force 2) Threats of great & immediate bodily harm 3) Incapacity to consent due to intoxication, unconsciousness, / mental condition. 4) victim fraudulently caused to believe act is not intercourse."
What is statutory rape?
Carnal knowledge of woman under age of consent - strict liability crime. Majority jx's do not allow reas mistake.
What is adultery?
Adultery is committed by both parties to sex if either is validly married to someone else. Often required to be open & notorious.
What is fornication?
Sexual intercourse / open & notorious cohabitation by unmarried persons.
What is seduction?
"Inducing, by promise of marriage, unmarried woman to engage in intercourse. (MPC does not require chastity / female be unmarried)."
What is incest?
Sex btw closely related persons.
What is Bigamy?
CL strict liability offense of marrying someone while having another living spouse.
What is larceny?
1) taking 2) & carrying away 3) Of tangible personal prop 4) Of another w/ possession 5) By trespass (without consent / consent by fraud) 6) w/ intent to permanently deprive person of his interest in prop.
What is possession versus custody?
"Low level employees have custody, high level employees & bailees have possession."
What are some larceny intent rules?
"1) Intent create subst risk of loss / intent sell / pledge goods owner is sufficient 2) When DEF believes prop belongs to them / where intent is to borrow prop, insuffic intent 3) Larceny committed w/ lost / mislaid prop, but not w/ abandon prop"
"What is the ""continuing tresspass"" rule?"
"Some jx's If DEF wrongfully takes prop w/out intent to permanently deprive & later decides to keep it, guilty of larceny when she decides to keep it."
What is embezzlement?
"1) Fraudulent 2) Conversion 3) Of personal prop 4) Of another 5) By P in lawful possess of prop. -If DEF intends restore EXACT prop, not embezz -Not embez if pursuant to claim of Rt"
What is false pretenses?
"1) Obtaining title 2) To personal prop of another 3) By intent false statemnt of past / exist fact 4) w/intent to defraud other misrep must have deceived/caused relia, & must be maj factor - misrep future = insuffic. false promise not suffic"
What is robbery?
"1) taking 2) Of personal prop of another 3) From other's person / presence 4) By force / threats GBH against person, member of family, / in his presence 5) w/ intent to permanently deprive him of it"
What is extortion?
CL: corrupt collect unlawful fee by officer under Color of Office. Modern: Obtaining prop by means of threats harm / to expose info. Some JD make crime complete if threat made w/ intent obtain prop
What is receipt of stolen prop?
1) Receiv possess & control 2) Of stolen pers prop 3) Known manner constituting crim offense 4) By another P 5) w/intent to perm deprive owner. Possess need not be manual. Interception by police & use w/ owner's permission is no longer stolen
What is theft?
Modern statutes define & combine some / all prop crimes as theft.
What is forgery?
"1) Making / altering 2) writing w/ apparent legal significance 3) So it is false (i.e. fake receipt, not inaccurate real receipt) 4) w/ intent to defraud"
What is uttering forged instrument?
1) Offering as genuine 2) instrument may be subject of forgery & is fake 3) w/ intent to defraud.
What is malicious mischief?
"1) malicious 2) Destruction of / damage to 3) prop of another In this context, requires damage have been intended / contemplated."
What is burglary?
"1) breaking (forming opening by any force, fraud, intimidation) 2) entry (placing any part of body / instrument through opening) 3) OF dwelling (a structure used w/ regularity for sleeping purposes 4) Of another (occupancy by someone other than DEF) 5) At night 6) w/ intent to commit felony / larceny in structure Modern statutes often do away w/ breaking, dwelling, act at night, intent to commit felony (theft is often enough)"
What is arson?
1) malicious 2) Burning 3) Of dwelling (MBE questions often assume statutes extended to commerical structures etc w/out specifically stating so) Must be burning / charring not blackening 4) Of another
What is houseburning?
1) Malicious 2) Burning 3) Of one's own dwelling 4) If structure is in city / town / so near to other houses as to cause danger
What is perjury?
1) Taking oath 2) Lying about material matter P.S. Subornation of perjury is procuring / inducing perjury
What is bribery?
CL: Corrupt payment / receipt to officials for official action Modern: Includes nonofficals & either person is busted
What is compounding crime?
Agreeing for valuable consideration not to prosecute another for felony / conceal comission of felony / wherabouts of felon. Modern: any crime.
What is misprison of felony?
"Failure to disclose knowledge of felony - modern, not crime w/out some affirmative act in aid of crime."
What Rts have NOT been applied to the states via the 14th Amendment?
"The Rt to indictment by grand jury. Whether 8th creates ""Rt to bail"" (most states create Rt to bail & prohibit excessive bail)"
What is the exclusionary rule?
"The exclusionary rule is judge-made doctrine prohibits introduction of EV obtained in violation of DEF's 4th, 5th, & 6th Amendment Rts."
What are the exceptions to the fruit of the poisonous tree rule?
1) EV obtained from source independent of original illegality 2) intervening act of free will by DEF 3) Inevitable discovery (would have been found anyway) 4) Violations of knock & announce rule 5) In court identification cannot be excluded based on illegal detention
What proceedings does the rule not apply to?
1) Grand jury 2) Civil proccedings 3) Internal Agency Rules 4) Parole Revocation *violation of federal wiretapping rules? Can't use in front of grand jury
"What is the ""good faith"" exclusion to the exclusionary rule?"
"When police act in good faith on 1) case law, 2) facially valid statute, / ordinance, / 3) computer report containing clerical errors not made by police"
"What are the ""good faith reliance on defective warrant"" rules?"
"If police rely in good faith on defective warrant, EV is still admiss unless: 1) underlying affadavit so lacking in probable cause it couldn't be relied on 2) warrant defective on its face 3) affiant lied to / misled magistrate 4) magistrate has wholly abandoned his judicial role"
What excluded EV can be used for impeachment purposes?
"1) otherwise voluntary confess taken in Violation of Miranda is admiss for impeachment purposes 2) EV obtained from illegal search may be used by prosecution to impeach DEF's, but not other's, statements"
What EV can be used despite being fruit of the poisonous tree?
"EV obtained from illegal confess (miranda) is admiss, though cofession itself is not admiss."
What happens if illegally obtained EV gets admitted and the DEF is convicted?
Harmless Error test - prosecut must prove beynd reas doubt error harmless.
What is the test for illegally obtained EV in habeous proceeding?
"Petitioner must show error substantial & injurious effect. If judge is in grave doubt as to effect, petition must be granted."
When does the harmless error test ABSOLUTELY NOT apply?
Denial of counsel at trial
Can the DEF ask the jury be out of the room during EV admissibility discussion?
"Yes - DEF has Rt to EV hearing away from jury, & Rt testify @ suppression hearing w/out Ps testimony being used against P"
What does the 4th Amendment do?
4th Am provides P free from unreas searches & seizures
What is seizure of person?
Occurs when reas P would believe not free to leave / terminate encounter w/government.
What is arrest?
Police take P into custody against will purp of crim prosecut / interrogat
What must arrest be based on?
On probably cause.
Define PC?
Trustworthy facts / knowledge suffic for Reas P believe suspect has committed / is committing crime.
When is arrest W reqd?
"A W is not reqd for arrest in public place but is reqd enter home & make arrest, unless it's emergency."
What is Terry stop?
"If police have Reas suspicion of crim activity / involvement in completed crime, supported by articulable facts, they may detain P for investig purposes. If police have Reas suspicion suspect is armed & dangerous, they may detain him & frisk him for weapons."
What is permissible duration & scope of Terry Stop / Terry Search?
No longer than nec conduct limited investigation verify suspicion. police may ask detained P identify himself & generally may arrest detainee for failure comply w/such request. detention will also turn into arrest if during detention other PC for arrest arises.
Are property seizures allowed under Terry rules?
Similarly valid if based on Reas suspicion.
What do police need stop car?
Reas suspicion law has been violtd.
What about roadblocks?
"If some special law enforcmt need is involved, police may set up roadblocks w/out individualized suspicion. valid, roadblocks must: 1) Stop cars on basis of some neutral, articulable standard 2) designed serve purposes closely related particular problem pertaining cars & their mobility. (I.e. drunk drivers, ok, search for illegal drugs, not ok)"
When may police order occupants out of car?
"When police have lawfully stopped car, cop may order occupants out."
Can cop who has Reas suspicion traffic law has been violtd pull someone over even if their ulterior motive is investig violation of some other law?
Yes.
Can police detain someone while they are (legally) searching home for drugs?
"Yes, they may prevent him from entering home unaccompanied while they are searching."
"To bring suspect station house for ?ing / fingerprinting, what do police need?"
Full PC is reqd for station house detention / fingerprinting / ?ing.
Does P have 4th am protection when they are subpoenaed for grand jury appearance?
"No, forth am does not apply 4th am these type of sezures."
When may police officer use deadly force apprehend suspect?
When officer has PC believe suspect poses signif threat of death / serious injury. attempt make arrest results in death of suspect is not neccessarily seizure governed by 4th.
What are three ?s asked in evidentiary search & seizure ??
"1) Does Def have 4th am right (seizure by gov concerning place / thing in Def had Reas expectation of privacy)? 2) Did gov have valid arrest W? (issued by neutral & detached magistrate on showing of PC & reas precise place searched & items seized? 3) If police did not have valid W, did they make valid Wless search & seizure?"
Who does 4th am protect against searches by?
"gov, not against searches by priv Ps, including priv security guards, unless deputized Offs of public police."
How does P establish they have Reas expectation of privacy?
"Totality of circum, but P has legit expectation of privacy any time: 1) He owned / had right possess of place searched 2) place searched was in fact home, whether / not he owned / had right possess of 3) He was overnight guest of owner of place searched."
Does one have Reas expectation of privacy in things held out public?
"No: 1) sound of one's voice 2) One's handwriting 3) Paint on outside of one's vehicle 4) Account records held by bank 5) location of one's vehicle on public roads / its arrival @priv residence 6) Areas outside home & related buildings (curtelege), such barn 7) Garbage left for collection 8) Land visible from public place, even from plane / helicopter 9) smell of one's car / luggage"
How is W issued?
A W shall issue upon PC believe seizable EV will found on P / premises @time W is executed. Offs must submit magistrate affadavit setting forth circum enabling magistrate make determination / PC indep of officer's conclusions.
Do informant's tips count PC on W affadavit?
"Use of informant's tip must meet totality of circum test, is, affadavit may suffic even if reliability & credibility of informer / basis for knowledge are not estab. Note identity need not generally revealed."
What happens if there is false statemt in affadavit?
"W issued based on affadavit will invalid if all three of these are met: 1) false statemt was included by affiant 2) affiant intent / reckl included false statemt, & 3) false statemt was material finding of PC"
What are rules for reliance on defective W in evidentiary seizure situation?
same w/an arrest W
What details must included in W?
"A W must describe w/Reas precision place searched & items seized. If does not, W is unC, even if underlying affadavit gives such details."
Does place searched have location of suspect?
"Absolutely not - if police think there will EV found there, they can get W & search it."
Fill in blank: magistrate must _______________________
Neutral & detatched (NOT attorney general)
How is W executed?
"Only police & not priv citizens may execute search W, & must executed w/out unReas delay. Police must knock, announce their presence, & wait Reas time for admittance (unless officer has Reas suspicion based on facts announcing would dangerous / futile / would inhibit investigation). Police may seize any contraband / fruits / instrumentalities of crime they discover, whether / not specified in W."
Does violation of knock & announce rule invoke exclusionary rule?
No.
Does search W include those found on premises?
No - if does authorize their detention.
What are rules for Wless search incident lawful arrest? (SITA)
"1) Incident lawful arrest, police may search P & areas he might reach obtain weapons / destroy EV (including entire passenger compartment of car). police may do ""protective sweep"" of area check for accomplises contemporaneous in time & place of arrest."
What about inventory searches? (Search incident incarceration)
"A P's entire body may searched @police station & inventory taken. Similarly, impounded car may inventory searched - can stripped down chasis if need be."
What is automobile exception W reqmt?
"If police have reas believe vehicle contains fruits, instrumentalities, / EV of crime, they may search whole vehicle & any container might reas contain item for they had PC search. If Wless search was valid @time, may towed police station for later search. Note: if police believe car itself is contraband, they may seize from public place w/out W. In unlikely event pc applies container in vehicle (luggage in trunk) then only luggage may searched, not rest of car."
Does automobile exception apply passenger's belongings?
Yup - any packages may searched in car w/PC.
What is plain view exception W reqmt?
"police may make Wless search when they: 1) Are legitly on premesis 2) Discover EV, fruits, / instrumentalties of crime, / contraband 3) See such EV in plain view 4) Have PC believe item is EV, contraband, / fruit / instrumentality of crime"
What is consent exception W reqmt?
"A Wless search is valid if police have voluntary & intelligent consent. Knowledge of right w/hold consent is not prerequisite establishing voluntary & intellgent consent. scope of search may limited by scope of consent, but generally extends all areas Reas P under circum would believe extends."
What are rules for authority of consent?
"A P w/reas apparent authority use / occupy property may consent search, & any EV found may used against other owners / occupants. If co-occupant objects & search is directed against him, party #1 cannot consent."
What is stop & frisk exception W reqmt?
"A P may stopped w/out pc by police if police have rs of crim acitivty. RS armed & dangerous, may do pat down for weapons. If everything is legit point, can order out occupants of car & do pat down if rs a&d. During pay down, can seize anything that, based on its plain feel, is weapon / contraband, & such items are admiss EV."
What is hot pursuit /evanescent EV exception W reqmt?
"1) Police in hot pursuit of fleeing felon may make Wless search & seizure & may even pursue suspect into priv dwelling 2) Police may seize w/out W EV likely disappear before W may obtained, 3) Contaminated food / drugs, Ps injured / threatened w/injury, & burning fires justify Wless searches & seizures."
What is administrative inspections & searches exception W reqmt?
"Inspectors must have W for searches of priv residences & commercial buildings, but PC reqd obtain W is more lenient than for other searches: showing of general & neutral enforcmt plan will justify issuance of W."
What circum have justified Wless searches under administrative searches reqmt?
1) seize spoiled / contaminated food 2) Administrative searches of business w/in highly regulated industry 3) Inventory searches of arrestees 4) Searches of airline passengers prior boarding 5) Searches of probationers & their homes w/out grounds so long stat authorizes such search 6) Searches of gov employees desks & file cabinets where scope is Reas & there is work-related need / Reas suspicion of work-related misconduct. 7) Drug tests of railroad employees involved in accident 8) Drug tests of Ps seeking customs employment in positions connected drug interdiction 9) Drug tests of public school students who participate in extracurricular activities
What is foreign country exception W reqmt?
"4th am does not apply searches & seizures by United States officials in foreign countries & involving alien, @least where alien does not have subst connection United States. Ex. Wless search of alien's home in Mexico by FBI agents"
What about border searches?
"No W is reqd @border - citizen / no. Roving patrols are allowed inside border if officer has rs illegal aliens are in vehicle. Border officials may stop vehicle @fixed checkpoint inside border for ?ing of occupants & may disassemble vehicle, even w/out Reas suspicion."
What about international mail?
International mail may opened when postal authorities have Reas cause believe mail contains contraband.
"Are ""factory surveys"" allowed determine citizenship?"
"Yes, this is allowed, & even illegally obtained EV may used @civ deportation hearing."
What about drug mules?
Officials w/rs traveler has contraband in stomach may detain traveler.
"Is ""wiretapping"" search?"
Yes.
What are reqmts for getting wiretap W?
"1) PC 2) suspected Ps involved in conversations heard are named 3) W describes w/particularity conversations can overheard 4) wiretap is limited short period of time 5) wiretap is terminated when desired information has been obtained, 6) Return is made Ct showing what conversations have been intercepted"
What are exceptions W reqmt for wiretaps?
"A speaker assumes risk P whom he is speaking is informer wired for sound / taping conversation. P has no 4th am claim if he makes no attempt keep conversation priv. Also, pen registers (devices record only phone numbers are called) are not controlled by 4th am, but stat is needed use one."
"What is ""shocks conscience"" rule for collection of EV?"
EV obtained in manner shocks conscience (offends sense of justice) is inadmiss under Due Process clause. Reasness of search is determined by balancing society's need w/magnitude of intrustion. Blood test = usually upheld. Surgery remove bullet? Great need.
What ams are invoked w/confessions?
"4th, 6th, 5th, 14th."
What is reqd for confession admiss under due process clause of 14th (or I guess 5th for feds)?
"For self-incrim statemt admiss under due process clause, must voluntary determined under totality of circum. Supreme Ct has defined voluntary mean w/out official compulsion (hence, confession is product of mental illness is not involun)."
What test is used on appeal for admission of involun confession?
Harmless error test.
What rights are invoked under 6th am right counsel vis-a-vis confessions?
Guarantees right of assistance of counsel in all crim proceedings include all critical stages of prosecut after judicial proceedings have begun (formal charges have been filed). Police are prohib from deliberately eliciting incrim statemt from Def outside presence of counsel after Def has been charged UNLESS he has waived right counsel.
What is difference between 6th am right counsel & 5th am right counsel?
6th am right only attaches before formal proceedings have begun. Thus Def who is arrested but not yet charged does not have 6th am right counsel but does have right 5th am counsel.
Are 6th am rights offense specific?
"Yes - if 6th has attached, he may ?ed regarding unrelat uncharged offenses (this may violt 5th, below). Test for different offenses same DJ."
What is 5th am privelege against si?
Miranda warnings must given for admission / confession admiss.
What are Miranda warnings?
1) He has right remain silent 2) Anything he says can used against him in Ct 3) He has right attorney 4) If you cannot afford attorney Ct will appoint one for you
When are Miranda warnings reqd & what are some rules?
"Prior interrog by police, if: 1) Only necess if Def knows he is being interrog by police 2) Only if P is in custody, if P's freedom of action is denied in signif way, determined by objective standard (arrest is custody, routine traffic stop is not) 3) interrog reqd - includes words / conduct by police they should know would likely elicit response from Def (spontaneous statemts are not interrog, nor are standard booking ?s) 4) Miranda rights can waived but must knowing, voluntary, & intelligent 5) Miranda applies both inculpatory & exculp statemts 6) Miranda does not apply @grand jury, even if witness is compelled by subpoena ther"
When can accused terminate interrog & when may police start ?ing again?
"1) If accused says, ""I don't want answer any more ?s,"" police must scupulously honor request by not badgering him, if police are allowed later ? him on unrelat crime w/fresh warnings. 2) If Def says I want lawyer unambiguously, all ?ing must cease until counsel is provided (unless there's waiver) / Def initiates ?ing."
What is effect of Miranda violation?
"EV obtained in violation of Miranda is inadmiss, except 1) Impeaching Def's trial testimony 2) ?, warn, ? again = admiss unless seemingly intent 3) Five justices held where there was no majority opinion nontestimonial fruits need not suppressed."
What is public safety exception Miranda?
Where interrog was reas prompted by concern for public safety (where's gun)?
What are Miranda warnings?
1) He has right remain silent 2) Anything he says can used against him in Ct 3) He has right attorney 4) If you cannot afford attorney Ct will appoint one for you
When are Miranda warnings reqd & what are some rules?
"Prior interrog by police, if: 1) Only necess if Def knows he is being interrog by police 2) Only if P is in custody, if P's freedom of action is denied in signif way, determined by objective standard (arrest is custody, routine traffic stop is not) 3) interrog reqd - includes words / conduct by police they should know would likely elicit response from Def (spontaneous statemts are not interrog, nor are standard booking ?s) 4) Miranda rights can waived but must knowing, voluntary, & intelligent 5) Miranda applies both inculpatory & exculp statemts 6) Miranda does not apply @grand jury, even if witness is compelled by subpoena ther"
When can accused terminate interrog & when may police start ?ing again?
"1) If accused says, ""I don't want answer any more ?s,"" police must scupulously honor request by not badgering him, if police are allowed later ? him on unrelat crime w/fresh warnings. 2) If Def says I want lawyer unambiguously, all ?ing must cease until counsel is provided (unless there's waiver) / Def initiates ?ing."
What is effect of Miranda violation?
"EV obtained in violation of Miranda is inadmiss, except 1) Impeaching Def's trial testimony 2) ?, warn, ? again = admiss unless seemingly intent 3) Five justices held where there was no majority opinion nontestimonial fruits need not suppressed."
What is public safety exception Miranda?
Where interrog was reas prompted by concern for public safety (where's gun)?
What are rules for lineups?
"A suspect has 6th am right counsel @any post-charge lineup / showup. accused does not have right counsel @photo identifications / when police take physical EV, such handwriting exemplars / fingerprints from him. identification denies due process if identification is unnecessarily suggestive & there is subst likelihood of misidentification. (Can't refuse participate in lineup on 5th am grounds)"
What are remedies for unC lineups - ID's?
"1) Exclusion of in-Ct identification is remedy, but is rarely granted, b/c: 2) indep source rule says inCt identification has indep source, such opportunity observe @time of crime) Bonus: Admissibility of identification EV should determined @suppression hearing in absence of jury, but exclusion of jury is not Cly reqd. gov has burden of proving 1) counsel was present 2) accused waived right counsel 3) there is indep source for in Ct ID. Accused has burden of showing due process violation."
What is reqmt detain P?
"There must finding of PC. If no W has issued upon PC (or grand jury indictment), then preliminary hearing must held w/in Reas time (48 hours) of signif restrains of arrestee's liberty (bail / jail NOT ROR). No real remedy here other than exclude EV discovered during unlawful detention."
What are Def's rights bail?
"1) There is no C right bail, only freedom from Excess bails & fines 2) However, most state constitutions guarantee bail other than capital crimes. Bail should not set higher than needed guarentee return Ct - refusal grant / too high of bail can appealed immed. SC held Bail Reform Act ok - allows arrestees held w/out bail if they pose danger / would fail appear @trial. 3) Arbitrary denial of bail violts due process - detainees must given opportunity prove eligibility"
What are crim pro rules for holding someone who is incompetent stand trial?
"Must essent identical for those for committment of those who are not accused of crime, otherwise denial of equal protection."
Who uses grand juries?
feds & states east of Mississippi all seem use grand juries while western states use informations. right GJ has not been applied via 14th.
What non-rights does Def have w/respect grand jury proceeding?
"GJ proceedings are conducted in secret. Def has no right notice GJ is considering proceedings against him, present & confornt witnesses @proceeding, / intoduce EV before grand jury."
What non-rights do GJ witneeses have?
"GJ witnesses do not get Miranda warnings, nor is he entitled warning he is potential Def when called testify, & witnesses have no right have counsel present."
Can GJ base its indictment on EV would not admiss @trial?
"Yep, & def. cannot quash for this reas."
What are 3 main things remember for MBE?
"1) Def has no right counsel during hearing 2) GJ can consider EV would not allowed @trial 3) Def must appear if called, alif he can refuse answer specific ?s on grounds they may incriminate him."
Can grand jury subpoena quashed on 4th am grounds for lack of PC?
No.
What if grand jury selection is made from grand jury where minorities have been excluded?
No harmless error test - convict will reversed.
How does one determine if Def's 6th am rights speedy trial have been violtd?
"Totality of circum: Length of delay, reas for delay, whether Def asserted right, & prejudice Def. remedy is dismissal w/prejudice."
When does right speedy trial attach ?
"When Def has been arrested / charged. If Def is charged & is incarcerated in another jx, Reas efforts must made obtain presence of Def. Also, is violation of right speedy trial permit prosecut indefinitely suspend charges."
What is prosecut's duty disclose exculp EV?
"gov must turn over exculp EV Def. Failure do so, whether inadvertent / intent, will result in reversal if: 1) EV is favorable him b/c impeaches / is exculp, & 2) Prejudice has resulted (there is Reas probability result of case would have been different if undisclosed EV had been presented @trial.)"
Must defense give notice plans use insanity defense?
Yes.
What are rules for alibi defense?
"If alibi is used prosecut must give defense list of its witnesses. prosecut must give Def list of witnesses will use rebut defense. Finally, prosecut cannot comment @trial on Def's failure produce witness named supporting alibi / on failure present alibi itself."
What level must EV of Def's competency stand trial reach?
"state may place ""prepond of EV"" reqmt on Def but anything higher is unC."
What happens after successful insanity defense?
"P may confined mental hospital for term longer than max period of incarceration for offense. However, having regained sanity, Def cannot indefinitely committed b/c he is unable prove himself safe others."
What is result of pretrial publicity?
Excess pretrial publicity is prejudicial Def may req change of venue / retrial.
What is public & presses rights open preliminary proceeding?
These hearings are presumpt open public & press alif pretrial suppression hearings may closed public under limited circum (e.g. party seeking closure has overriding interest likely prejudiced by disclosure & there is no Reas alt besides closure).
What is public & presses rights open trial?
"public & press have right attend trial itself, even when prosecut & defense agree have closed. state may even broadcast trial on television if so chooses."
What are rules for having unbiased judge?
Due process is violtd if judge is shown have actual malice against Def / have had financial interest in having trial result in guilty verdict.
Must judge lawyer?
"A Def in minor misdem prosecut has no right have trial judge lawyer if upon convict Def has right trial de novo in Ct w/a lawyer-judge, but for serious crimes, judge prob must law-trained."
What are some miscellaneous trial rules will result in due process violation?
"1) trial is conducted in manner making unlikely jury gave EV Reas consid. 2) state compels Def stand trial in prison clothing 3) state compels Def stand trial physically shackled unless Ct finds shackling justified by concerns about Ctroom security / escape, or, 4)jury is exposed influence favorable prosecut. 5)exculp EV may not destroyed by police in bad faith"
When is right jury authorized?
Only if imprison for more than 6 months is authorized.
Is jury reqd for contempt?
"For civ contempt, no jury is reqd. For crim contemp, cumulative penalties of more than 6 months cannot imposed w/out affording Def right jury trial, unless contempt is imposes during trial. Further, contemnor may placed on probation for up five years w/out right jury so long probation violation is not longer than 6 months' jail time."
What is minimum number of jurors?
6. six P jury must unanimous.
Must jury unanimous?
"No, state may authorize verdicts of 9-3 convict but Supreme Ct prob would not approve 8-4 vote for convict."
What rights does Def have vis-a-vis venire?
To taken from rep cross section of community. Need only show underrepresentation of a distinct & numerically signif group in venire show jury trial right was violtd.
What is procedure for challenging peremptory challenges?
"Use of preempatory challenges exclude potential jurors solely on account of their race / gender is prohib by Equal Protection Clause. 1) Def must show facts / circum raise infer exclusion was based on race / gender. 2) Upon such showing, prosecut must come forward w/a race-neutral explain for strike (even unReas explain is suffic, long is race-neutral) 3) judge then determines whether prosecut's explain was genuine reas for striking juror, / merely pretext for purposeful discrim. If judge believes prosecut was sincere, strike may upheld."
What are rules for impartial jury?
"1) Jurors may ?ed on racial prejudice if race is bound up in case / he is accused of interracial capital crime. 2) Jurors may not excluded for cause for expressing doubt / scruple about death penalty, must determined if jurors views would prevent / substly impair perform of duties in accordance w/his instructions & oath. death sentence imposed by jury from juror was improperly excluded is subject automatic reversal."
What if judge won't exclude someone for cause when they should?
"If trial Ct refuses exclude juror for cause whom Ct should exclude, & Def uses peremtory challenge exclude them, there is no C violation."
"Are inconsistent verdicts reviewable (Def guilty, coDef guilty)?"
No.
Can judge make determination about facts provide for sentence enhancement?
"No, this is denial of right jury trial. This includes determinations after guilty pleas well."
What is rule for violation of right counsel @trial (including erroneoous disqualification of privly retained lawyer)?
Automatic reversal.
What about non-trial counsel denials?
Harmless error test.
When do you have right counsel?
1) Custodial police interrog 2) Post-indictment interrog 3) Preliminary hearings (PC prosecute) 4) Arraignment 5) Post-charge lineups 6) Guilty plea & sentencing 7) Felony trials 8) misdem trials when imprison is actually imposed / suspended jail sentence is imposed 9) Overnight recesses during trial 10) Appeals matter of right 11) Appeals of guilty pleas
When do you not have right counsel?
1) Blood sampling 2) Taking of handwriting / voice exemplars 3) Precharge / investiagtive lineups 4) Photo identifications 5) Preliminary hearings determine PC detain 6) Brief recesses during Def's testimony @trial 7) discret appeals 8) Parole & probation revocation proceedings 9) Post-convict proceedings
Can right counsel waived / can you defend yourself?
"1) If in judgmt of judge, Def's waiver of right counsel is knowing & intelligent, he need not found capable of representing himself effectively 2) No right represent yourself on appeal"
Can state seek reimbursement from Def represented when he becomes able pay?
1) Yes.
What is right effective counsel?
"1) All lawyers are presumed effective. 2) Deficient perform must shown by Def 3) But for defective perform, result of proceeding would have been different. 4) deficiencies must specific, is, inexperience, complexity of defenses, lack of time prepare, accessibility of witnesses counsel, gravity of charges is not enough"
What are two ineffective assistance of counsel circum haven't worked in past?
1) Trial tactics 2) Failure raise C defense is later invalidated
Is joint representation conflict of interest?
"Not per se invalid, but if counsel notifies of conflict before / @trial, & judge refuses appoint separate counsel, Def is entitled automatic reversal."
Is Def's conflict of interest w/his attorney ground for relief?
No.
Is there right of joint representation?
"No, if gov can show potential conflict of interest."
Must state provide psychiatrist for someone who is going plead insanity?
Yes.
Does right counsel forbid seizure of drug money & property was going used pay for lawyer?
No.
Do you have right counsel while you are testifying?
No - & you may sequestered during short breaks.
Do you have right confront witnesses?
"1) Yes, but face face confrontation is not reqd when preventing such confrontation serves important public purpose (protecting child witnesses from trauma). Also, judge may remove disruptive Def & Def may leave volunt during trial."
"What if def is represented jointly, & coDef has made confession implicates Def?"
"statemt cannot used by prosecut, even if interlocks w/your Def's confession is admitted. codefs statemt is admiss if: 1) All portions referring Def can eliminated 2) confessing coDef takes stand & subjects himself cross exam w/respect truth / falsity of what statemt asserts, / 3) confession of nontestifying co-Def is being used rebut Def's claim confession was obtained coercively."
Can Def waive right confrontation?
"Yes, through wrongdoing (intimid). @fed level, standard is prepond"
Who is burden on w/respect affirmative defenses?
"Def (insanity, self-defense)"
What is deal w/guilty pleas & what is remedy?
"A guilty plea must voluntary & intelligent. Def must addressed Pally & in open Ct on record. judge must sure Def understands: 1) nature of charge & crucial elmts of crime charged, 2) max possib penalty & any mandtry minimum 3) he had right plead not guilty & if he does plead guilty, he waives right trial 4) is suffic record reflects nature of charge & elmts of crime were explained Def by own counsel. remedy is w/drawing plea & taking anew."
What are reass you can & can't attack guilty plea?
1) Involuntariness 2) Lack of jurisdiction 3) Ineffective assistance of counsel 4) Failure keep plea bargain No no? intelligent choice among alts.
Does judge have keep plea bargain?
A judge does not have accept plea.
What are collateral effects of guilty pleas?
A guilty plea neither admits legality of incrim EV nor waives 4th am claims in subseq civ damages action. guilty plea may used convict in other proceedings when relevant.
"What if, after retrial, harsher sentence is imposed?"
"Judge must say on record reass for harsher sentence, unless was jury sentencing & jury didn't know about first trial."
When is death penalty not allowed?
1) Rape of adult woman 2) Felony M where Def wasn't major participant & he didn't act w/reckl indifference value of human life 3) Insane Ps @time of execution 4) People are mentally retarded 5) Minors (committed crime while under 18).
What must death penalty stat look like?
"judge / jury must have Reas discret, full information concerning Defs, & guidance in making decision. stat cannot vague & must allow sentencer consider all mitigating EV."
What if death sentence is based on aggravating factor of Def's prior convict & convict is overturned?
"sentence must reversed. Further, death sentence has been affected by vague / otherwise unC factor can still upheld, but only if all aggravating & mitigating factors are reweighed & death is still found approp."
What is rule for 8th am?
A penalty is grossly disproport seriousness of offense is cruel & unusual.
Are status crimes C?
No.
Can judge consider belief Def committed perjury while testifying in sentencing?
Yes.
What if aggregate imprison exceeds max period fixed by stat & results directly from involun nonpayment of fine / Ct costs?
There is impermissable discrim & violation of Equal Proetction clause.
What are some appeal rules?
"1) There is no federal C right appeal 2) Indigents must given counsel @state expense during first appeal granted all matter of right & for appeals of guilty pleas (and nolo contendre). 3) second, discret appeal need not paid for. 4) If Supreme Ct announces new rule of crim procedure, (one not dictated by precedent) in case on direct review, rule must applied all other cases on direct review."
What are some habeas rules?
1) indigent has no right free counsel during habeas proceeding. 2) Petitioner has burden by prepond show unlawful detention 3) state may appeal grant of writ of habeas corpus 4) Def can only bring habeas if he is in custody 5) This includes anyone who has not fully served sentence about he is complain.
When is counsel necess for parole & probation revocation?
"If new sentence can imposed ,or if representation is necess fair hearing"
What are some prisoners rights?
"1) No 4th am rights 2) Due process is violtd only if regulations impose atypical & signif hardship in relation normal prison conditions 3) Right of access Cts must Reas 4) Prisoners outgoing mail cannot regulated but incoming can. 5) Freedom of speech, association, & religion may burdened by regulations reas related penological interests. federal stat prevents interference w/religous practices absent compelling interest. 6) Prisoners have right adequate medical care under 8th am"
When does jeopardy attach?
1) Bench trial: first witness is sworn 2) Jury trial: empaneling & swearing of jury. 3) Jeopardy attaches @juvenile proceedings.
When may Def retried despite jeopardy having attached?
"1) retrial do hung jury 2) Manifest necessity abort original trial (military invas / something) / termination by Def for anything other than acquittal on merits 3) When he has appealed convict successfully unless appeal was insuffic EV support guilty verdict, if he cannot retried for GREATER offense, if greater sentence can (except death) 4) Breach of plea bargain"
What makes offense different from another for double jeopardy purposes?
"If crime reqs proof of elmt another does not req, even if some of same facts may necess commit both crimes."
What about cumulative punishments for offenses constituting same crime?
"Even if two crimes constitute same offense under this test, if there was legislative intent have cumulative punishments, then multiple punishments are permissible (i.e. sentenced for robbery & using weapon during commission of crime)."
What about lesser included offenses?
Trial for greater offenses is barred when jeopardy attaches for lesser included offenses. Exception: retrial for M is allowed if victim dies after attachment of jeopardy for battery.
What are some other random rules on DJ?
1) Conduct was used sentence enhancer can basis for trial w/out violt double jeopardy. 2) DJ is not violtd if gov brings crim suit against Def for conduct for he has been found liable in civ Ct unless is clear from statutory scheme of civ Ct purpose is impose crim penalty.
What is separate sovereigns rule?
"Two states, / state & fed, / fed & indian reservation, may try P for same crime. Not state & its municipalities."
Can prosecut appeal acquittal on merits?
"No, but can appeal any dismissal besides that. Cannot appeal death penalty. Also, appeals are not barred if successful appeal would not req retrial. Can appeal sentence pursuant stat authorizing such review."
Does collateral estoppal apply in crim Ct?
Yes - factual determination made is inconsistent w/one reqd for convict precludes trial & convict (by same sovereign).
What is privilege against self-incrim?
"1) Only assertable by natural Ps. 2) Is waived if you don't assert in civ proceeding in later crim trials (that is, EV gets it). 3) Furnishing one's name during Terry stop does not violt 5th am. 4) Def doesn't have take stand, everyone else must say after every ?. 5) Protects testimonial EV, not real / physical EV. Must relate factual assertion / disclose information. 6) Only COMPELLED self-incrim is prohib"
What about comments on silence?
"Absolutely not, unless 1) Def moves judge instruct jury not draw adverse infer, & judge may offer this instruction sua sponte over Def's objection 2) Def has asserted he hasn't offered side of story, prosecut can comment on this * Harmless error test applies here"
What are some random SI immunity rules?
"Use & derivative use immunity guarantees witnesses testimony won't used against them, if prosecut may still prosecute if can prove indep source. Once granted, testimony can compelled. Such testimony is coerced & therefore involun - hence, cannot used against P, even for impeachement of different Def. Immunized testimony can used in trial for perjury. Finally, if SOL has run & there is no possibility of incrim then there is no privelege against SI."
What rights do juveniles get?
"1) counsel 2) Written notice of charges 3) Opportunity confront witnesses 4) right not testify 5) right have ""guilt"" estab by proof beyond Reas doubt"
What are some random forfeiture rules?
1) Notice & hearing is reqd before forfeiture of Pal property (not before seizure) 2) Notice & hearing is reqd before seizure of real property except for in exigent circum 3) Excess Fines clause of 8th am applies only fines imposed punishment & not civ fines. Only Excess if grossly disproport. 5) due process clause does not req defense owner took all Reas steps see property was used legally @least where owner volunt entrusted property.