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Criminal Procedure - Coggle Diagram
Criminal Procedure
Double Jeopardy
Prohibits a person being put twice in jeopardy of life or limb for the same offense by the same sovereign
Attaches when a jury is sworn in, when the 1st witness is sworn in during a bench trial, OR when the judge accepts the plea conditionally
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Retrials are permitted if there is a hung jury, a mistrial due to manifest necessity, or a successful appeal
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Guilty Pleas
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D cannot withdraw guilty plea UNLESS:
- defective plea-taking colloquy
- jurisdictional defect
- ineffective assistance of counsel
- prosecutor fails to fulfill their side of plea bargain
Exclusionary Rule
evidence gathered as a result of the state's unconstitutional conduct is inadmissible fruit of the poisonous tree UNLESS an exception applies
Exceptions
Procedural (impeachment purposes, grand jury proceedings, parole revocation hearing, civil proceedings such as immigration)
Doctrinal (knock and announce violation, reasonable good faith reliance on facially valid warrant although later found to be lacking probable cause, clerical errors by court employees in maintaining records such as arrest warrants, isolated negligence by police maintaining records such as arrest warrants)
Found not to be fruit of poisonous tree (independent source, inevitably discovery, attenuation)
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