Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
CRIMINAL PROCEDURE
FLASH CARDS
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
CRIMINAL PROCEDURE
SHOPPING LIST
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
CRIMINAL PROCEDURE
SHOPPING LIST
1. 4TH AMENDMENT SEARCHES AND SEIZURES.
2. WARRANT SEARCHES.
3. SPECIFIC SEARCHES.
4. 5TH AMENDMENTMIRANDA RIGHTS.
5. 5TH AND 6TH AMENDMENT RIGHTS TO
COUNSEL.
6. THE EXCLUSIONARY RULE.
7. TRIAL-BASED ISSUES.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
SEARCHES AND SEIZURES
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
SEARCHES AND SEIZURES
FOURTH AMENDMENT.
REASONABLE EXPECTATION OF PRIVACY.
ITEMS OF A PUBLIC NATURE.
GOVERNMENT OFFICIAL.
SEARCH WITH A DEVICE NOT IN GENERAL USE.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
WARRANT SEARCHES
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
WARRANT SEARCHES
VALID SEARCH WARRANT.
DETACHED AND NEUTRAL
MAGISTRATE.
PROBABLE CAUSE.
Information from Informants.
More Likely Than Not.
Totality of the Circumstances.
GOOD FAITH OATH OR AFFIRMATION.
PARTICULARITY. Place, Things, Person.
EXECUTION OF A SEARCH
WARRANT.
NO UNREASONABLE DELAY.
KNOCK AND ANNOUNCE RULE.
FORCIBLE ENTRY.
SCOPE OF THE SEARCH.
EXCEPTIONS.
DEFECTIVE SEARCH WARRANT.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
OTHER SPECIFIC SEARCHES
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
OTHER SPECIFIC SEARCHES
ARRESTS.
PUBLIC ARREST.
PROBABLE CAUSE.
BRIEF DETENTION.
STOP AND FRISK.
STOP V. ARREST.
INVENTORY SEARCHES at the StationHouse After Arrest of Defendant.
ROUTINE / STANDARDIZED PROCEDURES.
NO UNBRIDLED DISCRETION.
WIRETAPPING AND EAVESDROPPING.
SEARCH WARRANT BASED ON PROBABLE
AUTOMOBILE SEARCH.
CAUSE.
PROBABLE CAUSE.
LIMITATIONS.
FIELD SEARCH FOR CONTRABAND. UNRELIABLE EAR / FALSE FRIENDS
PASSENGER COMPARTMENT.
DOCTRINE.
PASSENGERS IN CAR.
SECRET AGENTS.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
OTHER SPECIFIC SEARCHES,
con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
OTHER SPECIFIC SEARCHES, con’t
BORDER SEARCHES.
ROUTINE WARRANTLESS SEARCHES.
ROVING BORDER PATROLS REQUIRE
REASONABLE SUSPICION.
SOBRIETY CHECKPOINTS.
NO INDIVIDUALIZED SUSPICION NEEDED.
NOT ALLOWED FOR ORDINARY CRIMINAL
ACTIVITY.
CONSENT.
VOLUNTARY, INTELLIGENT, WITHOUT
COERCION.
VALID AUTHORITY TO CONSENT.
Additional Inquiry by Police.
JOINT / COMMON AUTHORITY TO
CONSENT.
BUILDING AND ADMINISTRATIVE
INSPECTIONS.
NON-EMERGENCY AND NON-CONSENT
ADMINISTRATIVE SEARCHES REQUIRE
ADMINISTRATIVE WARRANT BASED ON
REASONABLE LEGILATIVE OR
ADMINISTRATIVE STANDARDS.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
OTHER SPECIFIC SEARCHES,
con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
OTHER SPECIFIC SEARCHES, con’t
SPECIAL NEEDS SEARCHES.
NOT LAW ENFORCEMENT-RELATED.
IMPRACTICABLE TO SECURE A WARRANT.
GOVERNMENT INTEREST OUTWEIGHTS
PRIVACY.
SEARCH OF PAROLEES AND
PROBATIONERS.
NO PROBABLE CASUE IF CONDUCTED
PURSUANT TO VALID REGULATION.
GOVERNMENT EMPLOYEE SEARCHES.
NO WARRANT OR PROBABLE CAUSE.
SEARCH MUST BE WORK RELATED, AND
REASONABLE.
SCHOOL SEARCHES.
SCHOOL OFFICIAL MAY SEARCH STUDENT
LOCKERS OR STUDENTS IF REASONABLE
GROUNDS.
LESS DISCRETION FOR SCHOOL OFFICIALS
WORKING WITH POLICE.
DRUG TESTING.
NOT ALLOWED IF OBJECTIVE IS TO
SECURE CRIMINAL EVIDENCE.
MUST HAVE STRICT REGULATIONS.
NO ARBITRARY OR INTRUSIVE
PROCEDURES.
EMPIRICAL EVIDENCE INDICATES NEED
FOR TESTING.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
ARREST IN HOME, BUT
STARTING OUTSIDE OF HOME
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
ARREST IN HOME, BUT STARTING OUTSIDE OF HOME
REASONABLE SUSPICION.
Less than Probable Cause.
Based on Objective Facts related to Criminal Activity.
Subject Flees.
PROBABLE CAUSE TO ARREST.
Police May Follow into House Based on Hot Pursuit
and Exigent Circumstances / Evanescent Evidence.
ONCE INSIDE HOUSE MAKE A LAWFUL
ARREST.
SEARCH INCIDENT TO ARREST.
WINGSPAN SEARCH.
PROTECTIVE SWEEP.
PLAIN VIEW DOCTRINE.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
EXCEPTIONS TO INVALID
SEARCHES
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
EXCEPTIONS TO INVALID
SEARCHES
HOT PURSUIT.
EXIGENT CIRCUMSTANCES or EVANESCENT EVIDENCE.
SEARCH INCIDENT TO A LAWFUL ARREST / WINGSPAN SEARCH.
PROTECTIVE SWEEP.
PLAIN VIEW DOCTRINE.
CONSENT.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
MIRANDA VIOLATIONS
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
MIRANDA VIOLATIONS
MIRANDA VIOLATIONS.
5TH AMENDMENT.
MAY NOT BE COMPELLED TO BE WITNESS AGAINST SELF IN A CRIMINAL
CASE.
MIRANDA WARNINGS. Not Offense Specific.
RIGHT TO ATTORNEY. Appointed for Felonies if Indigent.
ATTACHMENT OF PRIVILEGE AGAINST SELF-INCRIMINATION.
CUSTODY.
INTERROGATION.
GOVERNMENT OFFICIAL.
VOLUNTARY STATEMENTS.
NOT PROTECTED.
WAIVER OF MIRANDA RIGHTS.
KNOWING, INTELLIGENT, VOLUNTARY and EXPLICIT.
FAILURE TO RECITE MIRANDA WARNINGS.
HARMLESS ERROR.
RENDERS CONFESSIONS INADMISSIBLE AT TRIAL.
CONFESSIONS MAY BE USED TO IMPEACH DEFENDANT.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
MIRANDA VIOLATIONS, con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
MIRANDA VIOLATIONS, con’t
5TH AMENDMENT RIGHT TO COUNSEL.
INTERROGATION MUST CEASE.
ATTORNEY MUST BE PRESENT AT
SUBSEQUENT INTERROGATION.
NOT OFFENSE SPECIFIC.
FIFTH AMENDMENT PRIVILEGE
AGAINST SELF-INCRIMINATION for
TESTIMONIAL EVIDENCE.
MUST CLAIM PRIVILEGE THE FIRST TIME
ASKED QUESTION AFTER TAKING OATH.
DOES NOT APPLY TO REAL OR PHYSICAL
EVIDENCE.
EXCEPTIONS TO MIRANDA.
PUBLIC SAFETY.
ROUTINE BOOKING QUESTIONS.
JAIL-HOUSE INFORMANT.
GRANT OF IMMUNITY.
USE.
DERIVATIVE.
TRANSACTIONAL.
ENDS WHEN NO POSSIBILITY OF
INCRIMINATION, or TAKING STAND.
CONFESSIONS.
ADMISSIBLE AS EVIDENCE IN A CRIMINAL
TRIAL, UNLESS VIOLATION OF MIRANDA.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
SIXTH AMENDMENT RIGHT
TO COUNSEL
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
SIXTH AMENDMENT RIGHT TO COUNSEL
SIXTH AMENDMENT RIGHT TO COUNSEL.
AFTER ADVERSARIAL PROCEEDINGS / CRITICAL STAGES OF
PROSECUTION.
POLICE MAY NOT ELICIT INCRIMINATING STATEMENTS WITHOUT
PRESENCE OF COUNSEL.
WAIVER.
OFFENSE SPECIFIC.
INDIGENT MUST BE GIVEN COUNSEL FOR FELONIES, OR FOR
MISDEMEANORS RESULTING IN JAIL TIME.
CONFESSIONS.
UNCONSTITUTIONAL IF GIVEN DURING A CRITICAL STAGE OF
CRIMINAL PROCEEDING.
PRE-TRIAL IDENTIFICATION PROCEDURES.
RESTRICTIONS HELP ASSURE PROPER IDENTIFICATION.
IF PRE-TRAIL ID PROCEDURE WAS IMPROPER, IN-COURT ID MAY BE
EXCLUDED.
EXCEPTION. Independent Source.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
SIXTH AMENDMENT RIGHT
TO COUNSEL, con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
SIXTH AMENDMENT RIGHT TO COUNSEL,
con’t
PRE-INDICTMENT ID PROCEDURE / DUE PROCESS.
DUE PROCESS STANDARD.
LINE-UPS, SHOW-UPS, PHOTO ID's.
UNNECESSARILY SUGGESTIVE.
SUBSTANTIAL LIKELIHOOD OF MISIDENTIFICATION.
POST-INDICTMENT ID PROCEDURE / RIGHT TO COUNSEL.
AFTER FORMAL CHARGES FILED.
6TH AMENDMENT RIGHT FOR PRESENCE OF ATTORNEY AT LINE-UP
OR SHOW-UP.
NO SUCH RIGHT FOR PHOTOS.
EXCEPTIONS TO THE 6TH AMENDMENT RIGHT TO COUNSEL.
JAIL-HOUSE INFORMANTS THAT ARE PASSIVE LISTENERS.
NO PUBLIC SAFETY EXCEPTION.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
SIXTH AMENDMENT RIGHT
TO COUNSEL, con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
SIXTH AMENDMENT RIGHT TO COUNSEL, con’t
SUPRESSION OF IN-COURT IDENTIFICATION.
PRE-TRIAL IDENTIFICATION PROCEDURE IMPROPER.
DEFENDANT MAY SUPPRESS SUBSEQUENT IN-COURT ID.
EXCEPTIONS. Independent Source for ID, Witness had Opportunity to See
Defendant at Time of the Crime, or Witness Had Earlier Identified the Defendant.
INEFFECTIVE ASSISTANCE OF COUNSEL.
ATTORNEY'S CONDUCT DEFICIENT, AND DEVIATED FROM
REASONABLY PREVAILING NORMS.
BUT FOR DEFICIENCY OF ATTORNEY RESULT OF CASE WOULD HAVE
BEEN DIFFERENT.
FACTORS. Professional Judgment, Early Interview of Defendant, Defendant
Not Kept Informed or Consulted, Attorney Did Not Conduct Prompt
Investigation, or Attorney Did Not Display Competent Legal Skills and
Knowledge.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
THE EXCLUSIONARY RULE
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
THE EXCLUSIONARY RULE
THE EXCLUSIONARY RULE.
USE OF ILLEGALLY SEIZED EVIDENCE.
STANDING TO ASSERT THE EXCLUSIONARY RULE.
GOOD FAITH DEFENSE.
POLICE RELIANCE ON CASE LAW LATER CHANGED.
POLICE RELIANCE ON UNCONSTITUTIONAL STATUTE.
GOOD FAITH RELIANCE OF DEFECTIVE SEARCH WARRANT THAT WAS PROPERLY
EXECUTED.
FRUIT OF THE POISONOUS TREE / DERIVATIVE EVIDENCE.
EVIDENCE SEIZED DUE TO PREVIOUS SEIZED EVIDENCE.
IF PRIOR EVIDENCE WAS IMPROPERLY SEIZED, THEN IS CONSIDERED A
POISONOUS TREE.
LATER EVIDENCE IS TAINTED FRUIT OF POISONOUS TREE.
EXCEPTIONS.
Independent Source Exception.
Inevitable Discovery Rule.
Purged Taint / Attenuated Connection Principle.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
GRAND JURIES
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
GRAND JURIES
GRAND JURIES.
PROBABLE CAUSE.
DEFENDANT COMMITTED CRIME.
MAY USE ILLEGALLY OBTAINED EVIDENCE AND HEARSAY.
NO EXCLUSIONARY RULE.
SECRET PROCEEDINGS, WITH NO RIGHT TO APPEAR AND NO
APPEAL.
STATES MAY DECIDE TO USE INFORMATION SIGNED BY
PROSECUTOR.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRANSACTIONAL IMMUNITY
for WITNESSES
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRANSACTIONAL IMMUNITY for
WITNESSES
TRANSACTIONAL IMMUNITY for WITNESSES.
GRAND JURY PROCEEDINGS.
WITNESSES IMMUNE FROM PROSECUTION FOR TRANSACTIONS TO
WHICH THEY TESTIFY.
MAY NOT CONSULT WITH ATTORNEY DURING GRAND JURY
PROCEEDINGS.
IF WAIVER OF IMMUNITY, THEN MAY CONSULT WITH ATTORNEY.
DEFENDANT MUST BE GRANTED OPPORTUNITY TO TESTIFY IF THEY
WAIVE IMMUNITY.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS
PRELIMINARY HEARING.
DETERMINES IF PROBABLE CAUSE TO PROSECUTE EXISTS.
PRE-TRIAL DETENTION.
BAIL ISSUES MAY BE IMMEDIATELY APPEALED.
PREVENTIVE DETENTION IS UNCONSTITUTIONAL.
RIGHT TO NON-EXCESSIVE BAIL.
8TH AMENDMENT.
NON-EXCESSIVE BAIL.
INDIVIDUALIZED CONSIDERATION.
RIGHT TO A SPEEDY TRIAL.
6TH AMENDMENT.
ATTACHES AUTOMATICIALLY AFTER FORMALLY ACCUSED OF OFFENSE.
COURT BALANCES LENGTH OF DELAY AGAINS REASON FOR DELAY.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS, con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS, con’t
PROSECUTORIAL DUTY TO DISCLOSE EVIDENCE.
AFTER JURY IS SWORN BUT BEFORE PROSECUTOR'S OPENING STATEMENT,
PROSECUTOR MUST GIVE DEFENDANT STATEMENTS OF WITNESSES AND
CRIMINAL RECORDS, OR ELSE THERE MAY BE A REVERSAL.
DEFENDANT, UPON DEMAND MAY RECEIVE, FOR INSPECTION AND
COPYING. His Statement, Co-Defendant Statements, Tapes or Recorded
Conversations, Property, Photos or Drawings by Police, Mental or Scientific Tests,
Dates and Places, Specific Misconduct by Defendant, etc.
APPEAL AND RE-CONVICTION.
NO HARSHER SENTENCE ON RE-TRIAL AFTER SUCCESSFUL APPEAL,
UNLESS TRIAL DE NOVO.
THE DEATH PENALTY.
DEFENDANT MUST BE GIVEN OPPORTUNITY TO PRESENT MITIGATING
CIRCUMSTANCES.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS, con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS, con’t
PLEA BARGAINS.
WAIVER OF A JURY TRIAL.
RECEIPT OF THE PLEA BARGAIN. Competent Defendant, that
Understands the Charges and the Consequences of a Plea Bargain.
VOLUNTARY AND INTELLIGENT, ON THE RECORD.
JUDGE MUST BE PERSONALLY CERTAIN THAT DEFENDANT
UNDERSTANDS THE PLEA BARGAIN.
DEFENDANT MAY WITHDRAW PLEA BEFORE SENTENCING.
EXCEPTIONS. Guilty Plea May be Changed After Sentencing if
Involuntary, Mistakes in Plea Taking Ceremony, Court Lacked
Jurisdiction, Ineffective Assistance of Counsel, or Failure of Prosecutor to
Keep Plea Bargain.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS, con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS, con’t
DOUBLE JEOPARDY.
ATTACHES WHEN A JURY IS IMPANELED AND SWORN, OR
WHEN FIRST WITNESS IS SWORN FOR A BENCH TRIAL.
NOT AVAILABLE FOR CIVIL TRIALS OR GRAND JURY
PROCEEDINGS.
BARS A CRIMINAL RE-TRAIL AFTER A DECSION ON THE
MERITS.
SAME OFFENSE.
EXCEPTIONS. Hung Jury, Manifest Necessity, Successful Appeal,
Breach of Plea Bargain by Defendant, Dismissal on Non-Substantive
Issue, Separate Sovereigns, Separate Trial and Separate Punishment.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS, con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS, con’t
RIGHT TO A JURY TRIAL.
RIGHT ATTACHES WHEN MAXIMUM SENTENCE EXCEEDS SIX MONTHS OF JAIL TIME.
RIGHT TO BE PRESENT AT TRIAL MAY BE WAIVED.
PROSECUTION MUST PROVE BEYOND A REASONABLE DOUBT ALL ELEMENTS OF CRIME
CHARGED.
DEFENDANT MAY PROVE AFFIRMATIVE DEFENSES WITH PREPONDERANCE OF THE
EVIDENCE.
CRIMINAL CONTEMPT HAS NO AUTHORIZED MINIMUM.
JUDGE.
CRIMINAL DEFENDANT HAS RIGHT TO UNBIASED JUDGE.
JURIES.
MUST CONSIST OF AT LEAST SIX PEOPLE.
IF ONLY SIX JURORS, DECISION MUST BE UNANIMOUS.
JURY POOL SHOULD REFLECT A REPRESENTATIVE CROSS-SECTION OF THE COMMUNITY.
MAY NOT USE PEREMPTORY CHALLENGES TO EXCLUDE JURORS FOR RACE OR GENDER.
JURY MAY NOT BE SWAYED BY MEDIA COVERAGE.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS, con’t
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.
Gould's Bar Examination Flash Card Webinar Series
CRIMINAL PROCEDURE
TRIALS, con’t
HABEAS CORPUS.
UNSUCCESSFUL CRIMINAL DEFENDANT.
EXHAUSTION OF STATE REMEDIES.
DEFENDANT MAY FILE WRIT OF HABEUS CORPUS.
CIVIL SUIT CONTESTING UNLAWFUL DETENTION VIA PREPONDERANCE OF
THE EVIDENCE.
PRISONER'S RIGHTS.
RESTRICTION MUST BE A REASONABLE PENOLOGICAL INTEREST.
ENTRAPMENT.
PREDISPOSITION TEST.
POLICE CONDUCT RULE.
CONFRONTATION CLAUSE.
6TH AMENDMENT.
RIGHT TO BE PRESENT AT TRIAL.
RIGHT TO FACE-TO-FACE CONFRONTATION.
RIGHT TO CROSS-EXAMINATION.
COPYRIGHT 2010 PATRICK GOULD, J.D. , M.A.