Mind map
criminal procedure
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criminal procedure
exclusionary rule
- fruit of the poisonous tree
- all evidence downstream from the violation
- any evidence unconstitutionally gained is inadmissible
- fruit of the poisonous tree
confessions
- suppression able if:
- violation of 6th amendment right to counsel
- 5th amendment
- violation of miranda warnings
- when doing analysis think: custody? interrogation? warnings given? D invoke right to counsel? D waive rights?
- suppression able if:
guilty pleas
- when made, judge must make plea-taking colloquy on record:
- nature of charge
- maximum sentence/minimum
- right to plead not guilty
- waiver of right to trial
- when made, judge must make plea-taking colloquy on record:
double jeopardy
- prohibits being charged for the same event with the same charges twice
- does not protect against different charges
- prohibits being charged for the same event with the same charges twice
privilege against self-incrimination
- 5th amendment prohibits compelled testimony in a criminal case
- does not apply to physical evidence or prior uncompelled communication
- 5th amendment prohibits compelled testimony in a criminal case
search & seizure
- search if physical intrusion into constitutionally protected area
- seizure if arrest made
- valid with warrant or exception
- probable cause
- reasonable suspicion
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- Mind Map on criminal procedure, created by Mike Cricchi on 09/02/2018.
- Created by
- Mike Cricchi
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