Criminal Law & Procedure PDF

# 08 CRIMINAL LAW & PROCEDURE ## Police Must Give Miranda Warnings - Right to remain silent. - Anything said can be used against suspect in court. - Right to talk to an attorney and have one present when they are questioned. - If cannot afford an attorney, one will be provided. *Statements made i...

# 08 CRIMINAL LAW & PROCEDURE ## Police Must Give Miranda Warnings - Right to remain silent. - Anything said can be used against suspect in court. - Right to talk to an attorney and have one present when they are questioned. - If cannot afford an attorney, one will be provided. *Statements made in violation of a suspect's Miranda rights are subject to the Exclusionary Rule.* ## Custodial Interrogation - **Custody:** The person reasonably believes they are not free to leave. - **Interrogation:** Police knew (or should have known) they were likely to elicit an incriminating response. ## Statements / Acts Protected - Only protects statements and acts that are communicative or testimonial in nature. - Crying is NOT a testimonial communication. - Miranda rights DO NOT apply to spontaneous statements. ## Public Safety Exception - A limited interrogation without Miranda warnings IS ALLOWED when police ask questions reasonably prompted by a public safety concern or safety of the officer (i.e. to secure a weapon). ## Invoking Miranda Rights - It must be clear and unambiguous. - Once invoked, police must stop ANY questioning. - D's silence CANNOT be commented on at trial. ## Police may reinitiate questioning if: 1. Suspect is re-advised of his Miranda rights; 2. Has provided a knowing and intelligent waiver; AND 3. Either: - Counsel is present; - Suspect initiates the communication; or - 14 days have passed since the suspect was released from custody. ## Waiver of Rights - A valid waiver must be made knowingly, intelligently, AND voluntarily. - D must understand the nature of the right being waived and the consequence for waiving it. - Police failure to provide outside info DOES NOT invalidate a waiver (unless the info was essential to D's ability to waive rights). ## Right to Counsel (6th Amend.) - The accused has the right to counsel in ALL criminal prosecutions (except State misdemeanor prosecutions that do not carry a risk of jail time). - Attaches once formal adversarial judicial proceedings are commenced (formal charge, preliminary hearing, indictment, arraignment). - Once rights attach, a suspect CANNOT be questioned without a lawyer, and anything said is inadmissible (unless a valid waiver occurs). - This right is offense-specific. ## Custodial Interrogations - Waiver of Rights - same as waiver under 5th Amend. ## Right to Counsel (5th Amend.) - See rule in above section. - Attaches when a suspect is in a custodial interrogation (Miranda rights). - Suspect has the right to consult with an attorney and have one present during questioning. ## Right to Counsel (6th Amend.) - See rule in above section. ## Effective Assistance of Counsel (6th Amend.) - D has the right to effective assistance of counsel. - Includes the effective aid in preparation and trial of a criminal case. ## Ineffective Assistance of Counsel - D must show: - Counsel's performance was deficient; AND - But for the deficiency, the result would be different. *If shown, the verdict MUST be reversed, and D is entitled to a new trial.* ## Police-Arranged Identification Procedures - **Line-Ups & Police-Arranged Identification Procedures** - Due Process Clause (14thAmend.) \- violated when a line-up is (1) unnecessarily suggestive, (2) resulting in a substantial likelihood of misidentification. - If violated → identification is inadmissible at trial. - Absent improper police influence, an out-of-court identification is ADMISSIBLE. ## Independent Source Rule - An in-court identification is admissible at trial (even if a line-up is tainted) when it's: - Based on a witness's previous knowledge; - Trustworthy, AND - Based on a previous transaction (i.e. the crime). ## Right to Counsel (6th Amend.) - A person has the right to counsel at a post-charge line-up. - No right to counsel under 6th Amend. at a pre-charge line-up or photo-identification. ## Miranda Rights (5th Amend.) - Pre-trial identifications (line-ups, photo identifications), blood tests, fingerprints, and voice identifications are NOT protected by the 5th Amendment. - A suspect in custody CANNOT refuse to participate in a line-up. ## Exclusionary Rule - Evidence obtained in violation of D's 4th, 5th, or 6th Amendment rights is inadmissible at trial. - All derivative evidence is also inadmissible under the fruit of the poisonous tree doctrine. ## Exceptions - Exclusionary Rule DOES NOT apply if: - Police had an independent source for the secondary evidence; - Discovery of evidence was inevitable regardless of the illegality; - Through the attenuation doctrine \- when D's free will is restored through passage of time or intervening events; - Police relied in good faith on a defective warrant, OR - Violation of Knock-and-Announce Rule. ## Limitations on Miranda Violations - In addition to the above, the following limitations apply to Miranda violations: - **Limitation #1** \- Not required to suppress the physical evidence found because of D's statements (as long as statement was voluntary). - **Limitation #2** \- Subsequent statements made after Miranda warnings are admissible UNLESS a previous statement was obtained through the use of inherently coercive police tactics offensive to Due Process. - **Limitation #3** \- Statements in violation of Miranda may be used to impeach D on cross-examination. ## Right to a Jury Trial - 6th Amend. guarantees a criminal defendant the right to a jury trial for offenses where imprisonment is greater than 6 months. - Minimum of 6 jurors is required, and a verdict MUST be unanimous. - Any fact (other than a prior conviction) that increases the maximum penalty for a crime MUST be submitted to a jury and proven beyond a reasonable doubt. ## Competence to Stand Trial - D is competent to stand trial if he has: - A sufficient present ability to consult with his lawyer (able to assist in preparing a defense); AND - A rational and factual understanding of proceedings. -*D cannot be tried if deemed incompetent (but competence can be reassessed at a later date).* ## Double Jeopardy - Prevents a D from being prosecuted twice for the "same offense". - Under Blockburger Test \- two crimes are NOT the "same offense" if each crime requires proof of a fact which the other does not. - A final judgment on a lesser offense bars prosecution of a greater offense on the same facts UNLESS the greater offense: (a) did not exist at the time of trial; OR (b) was not discovered despite due diligence. - **Jeopardy Attaches** \- when a jury is impaneled and sworn. ## Exceptions: - Hung jury, - Manifest necessity exists to end the trial, OR - Trial is terminated at D's request and it's not an acquittal on the merits. ## Burden of Proof & Persuasion - **Burden of Proof** \- Prosecution MUST prove every element of a crime beyond a reasonable doubt. - Burden of proof CANNOT be shifted to D. - Making D prove affirmative defenses is allowed. ## Presumptions for Jury Instructions - **Rebuttable Presumption** (one that may be disputed or overcome by additional evidence) \- violates the Due Process Clause if it shifts the burden of proof to D. - **Irrebuttable Presumption** (one that cannot be disputed or overcome) \- is a per se violation of the Due Process clause. ## Sufficiency of Evidence - A court MUST enter a Judgment of Acquittal if the evidence is insufficient to sustain a conviction (when a reasonable jury would not find that each element was proven beyond a reasonable doubt). - D may move for a Judgment of Acquittal either: - At the close of its case-in-chief; OR - After the close of all evidence. ## Appeal and Error - **Harmless Error Rule** \- even if evidence is improperly admitted at trial, a guilty verdict will stand if the Prosecution can prove that the error was harmless (that D would have been convicted anyway).