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Crim. Law & Procedure (Property (False Pretenses, Burglary, Larceny,…
Crim. Law & Procedure
Confessions
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Must not violate: (1) Due Process, (2) Sixth Amendment, (3) Fifth Amendment
Exclusionary Rule: Any evidence gathered because of the state's unconistutional conduct is inadmissible against the person whose rights were violated unless an exception applies.
Exceptions
Impeachment Purposes, Grand Jury Proceedings, Parole Revocation Hearing, Civil Proceedings
Knock and announce violation, Clerical errors by court employees, isolated negligence by police in maintaining records
Starting Point: (1) State action?; (2) Search or Seizure?; (3) Warrant or Warrant Exception?; (4) Execution of Warrant Proper?; (5) Standing to Protest?; (6) Evidence Suppressed?
Guilty Pleas
Procedure: Nature of charge, maximum authorized sentence/ statutory minimum, right to plead not guilty and to have a trial, defendant waiving right to trial
A guilty plea cannot be withdrawn unless the judge did not follow the plea-taking colloquy, jurisdictional defect, ineffective assistance of counsel, prosecutor fails to fulfill his side of the plea bargain
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Double Jeopardy: A person cannot be put twice in jeopardy of life or limb for the same offense by the same sovereign
Search and Seizure
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Valid Warrant:
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Exceptions
(1) Plain View; (2) Consent; (3) Exigent Circumstances; (4) Automobile Search; (5) Searrch Incident to Lawful Arrest; (6) Inventory; (7) Terry Stop
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Defenses
Necessity; Defense of property; Defense of others; Self defense; Infancy; Insanity; Intoxication; Mistake; Duress; Entrapment
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Murder
1st Degree: Premeditated; 1st Degree Felony Murder: specified via statute; 2nd Degree: Catch-All for all others
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