Criminal Procedure
5th Amendment
4th Amendment
6th Amendment
Pleas
Right against self-incrimination
Prohibits compelled testimony
Applies to any statements made and not physical evidence
Invoked during interrogation or testimony
Search - government intrusion into a person's property where that person has a reasonable expectation of privacy
Seizure - government exercising control over a person or physical item
Valid government action?
Search or Seizure by state or state agent?
Warrant issued?
Any exceptions to warrant not issued?
Proper services or execution of warrant?
Standing to protest action?
Evidence suppressed?
Exclusionary Rule
Evidence gathered as a result of the state's unconstitutional conduct is inadmissible against a defendant whose rights were violated
Right to counsel
Right to speedy trial
Miranda Doctrine - The right to remain silent
Confessions
If rights violated can be suppressed
Coerced by state?
Miranda violation?
Confrontation Clause
Double Jeopardy
Prohibits person from being tried more than once on the same charge
Attaches when someone is put in 'Jeopardy' (charged with a crime)
Criminal law only
Judge must follow plea-taking colloquy on record
Nature
Statutory limitations
Right to trial - Defendant waives
Guilty plea not withdrawn unless
Defective coloquy
Jurisdictional defect
Ineffective assistance of counsel (rare)
Prosecution failure to fulfill their bargain