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Criminal Procedure - Coggle Diagram
Criminal Procedure
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Exclusionary Rule
fruit of the poisonous tree evidence gathered as a result of state's unconstitutional conduct and all evidence downstream from that violation are inadmissible unless exception applies
procedural exceptions: impeachment, grand jury proceedings, parole revocation hearing, civil proceedings such as immigration
doctrinal exceptions: knock & announce, reasonable and good faith reliance on facially valid warrant later found lacking prob cause, clerical errors by court employees, isolated negligence by police in maintaining records
independent source for obtaining evidence, inevitable discovery, attenuation
on exam if you find a const violation, state exclusionary rule and that evidence should be excluded. then address if exception applies
Confessions
may be suppressed if found to violate 6th amend right to counsel, Due Process clause, Fifth Amendment, or Miranda doctrine
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- custody? 2. interrogation? 3. warnings given? 4. did accused waive rights to counsel unequivocally/expressly? 5. did accused waive rights voluntarily, knowingly, and intelligently? (Miranda warnings touch each of these)
Guilty Pleas
judge must follow plea-taking colloquy on record: 1. nature of charge, 2. maximum authorized sentence and any statutory minimum, 3. right to plead not guilty and have trial, 4. defendant waiving any right to trial
cannot withdraw guilty plea after colloquy UNLESS defective colloquy, jurisdictional defect, ineffective assistance of counsel, or prosecutor fails to fulfill her side of plea bargain (judge not bound by prosecutor's bargain)
Double Jeopardy prohibits being put twice in jeopardy of life or limb for safe offense by same sovereign
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retrials permitted for hung jury, mistrial due to manifest necessity, or successful appeal
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