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Criminal Procedure - Coggle Diagram
Criminal Procedure
Confessions: obtained by state actor may be suppressed if obtained in violation of Due Process clause, the 6th Amendment right to counsel, or the 5th Amendment Miranda doctrine.
The 6th Amendment provides right to counsel after initation of adversarial proceedings. State cannot elicit confession in the absence of counsel.
Test for due process violation is whether the confession was involuntary because the accused's will was overborne by state coercion.
The state, the police, are required to inform the accused of their rights through Miranda warnings.
The Supreme Court has construed 5th and 6th Amendments to require a right to counsel and a right to silence when in custodial interrogation.
CONFESSIONS ANALYSIS:
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Did accused waive rights (voluntary, knowing, and intelligent)?
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MIRANDA RIGHTS
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If you cannot afford a lawyer, one will be appointed for you.
Double Jeopardy
Double jeopardy attaches when a jury is sworn in, when the first witness is sworn in during a bench trial, or when the judge accepts the plea unconditionally
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Prohibits a person being put twice in jeopardy of life or limb for the same offense by the same sovereign
Retrials are permitted if there is a hung jury, a mistrial due to manifest necessity, or a successful appeal.
Exclusionary Rule: The main sanction against the state for violating an accused's constitutional rights. Evidence gathered as a result of the state's unconstitutional conduct is inadmissible against person whose rights were violated unless an exception applies.
Doctrinal exceptions (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 in maintaining records such as arrest warrants).
Found not to be fruit of poisonous tree (independent source for obtaining evidence, inevitably discovery, attentuation).
Procedural exceptions (impeachment purposes, grand jury proceedings, parole revocation hearing, civil proceedings such as immigration)
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Guilty Plea
When an accused makes a guilty plea, the judge must following the plea-taking colloquy on the record:
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