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Criminal Procedure - Coggle Diagram
Criminal Procedure
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Double Jeopardy
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same offense
not same offense if each offense has an element the other does not; each crime requires an additional element that the other does not require
DJ bars retrial for lesser included offenses (ex: robbery includes two lesser crime of larceny and assault)
UNLESS: new evidence - unlawful conduct subsequently used to prove greater offense (1) has not occurred at time of prosecution for lesser offense or (2) has not been discovered despite due diligence
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Guilty Pleas
Judge must follow plea taking colloquy on record: nature of charge; maximum authorized sentence and any statutory minimum; right to plead not guilty and to have a trial; defendant waiving right to trial
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No withdrawal unless: defective colloquy; jurisdictional defect; ineffective assistance of counsel; prosecutor fails to fulfill his side of plea bargain
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Exclusionary Rule
evidence gathered as a result of the state's unconstitutional conduct is inadmissible against the person whose rights were violated
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Exceptions
Doctrinal Exceptions
Reas good faith reliance on facially valid warrant, although later found to be lacking probable cause
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