Sunday, April 1, 2012

CONSTITUTIONAL RESTRAINTS ON CRIMINAL PROCEDURE

 I. CONSTITUTIONAL RESTRAINTS ON CRIMINAL PROCEDURE
A. CONSTITUTIONAL REQUIREMENTS BINDING ON STATES
B. CONSTITUTIONAL RIGHTS NOT BINDING ON STATES
II. EXCLUSIONARY RULE
A. IN GENERAL - SCOPE OF RULE
B. LIMITATIONS ON THE RULE
1. Inapplicable to Grand Juries, Civil Proceedings, and Internal Agency Rules
2. Good Faith Reliance on Law, Defective Search Warrant, or Clerical Error
3. Use of Excluded Evidence for Impeachment Purposes
4. Miranda Violations
C. HARMLESS ERROR TEST
D. ENFORCING THE EXCLUSIONARY RULE
III. FOURTH AMENDMENT
A. IN GENERAL
B. ARRESTS AND OTHER DETENTIONS
1. What Constitutes a Seizure?
2. Arrests
3. Other Detentions
4. Stop and Identify Statutes
5. Grand Jury Appearance
6. Deadly Force
C. EVIDENTIARY SEARCH AND SEIZURE
1. Governmental Conduct Required
2. Reasonable Expectation of Privacy
3. Searches Conducted Pursuant to a Warrant
4. Exceptions to Warrant Requirement
5. Administrative Inspections and Searches
6. Searches in Foreign Countries and at the Boarder
7. Wiretapping and Eavesdropping
D. METHOD OF OBATINING EVIDENCE THAT SHOCKS THE CONSCIENCE
IV. CONFESSIONS
A. INTRODUCTION
B. FOURTEENTH AMENDMENT - VOLUNTARINESS
1. Harmless Error Test Applies
C. SIXTH AMENDMENT RIGHT TO COUNSEL
1. Offense Specific
D. FIFTH AMENDMENT PRIVILEGE AGAINST COMPELLED SELF-INCRIMINATION
1. Miranda Warnings
2. When Required
3. Right to Terminate Interrogation
4. Effect of Violation
5. Public Safety Exception
V. PRETRIAL IDENTIFICATION
A. SUBSTANTIVE BASES FOR ATTACK
1. Sixth Amendment Right to Counsel
2. Due Process Standard
B. THE REMEDY
1. Independent Source
2. Hearing
VI. PRIVILEGE AGAINST COMPELLED SELF-INCRIMINATION
A. WHO MAY ASSERT THE PRIVILEGE
B. WHEN PRIVILEGE MAY BE ASSERTED
C. METHOD FOR INVOKING PRIVILEGE
D. SCOPE OF PROTECTION
1. Testimonial but Not Physical Evidence
2. Compulsory Production of Documents
3. Seizure of Incriminating Documents
E. PROHIBITION AGAINST BURDENS ON ASSERTION OF PRIVILEGE
1. Comments on Defendant’s Silence
2. Penalties for Failure to Testify
F. ELIMINATION OF PRIVILEGE
1. Grant of Immunity
2. No Possibilty of Incrimination
G. WAIVER OF PRIVILEGE

No comments:

Post a Comment

The Ins and Outs of Class Action Lawsuits: A Comprehensive Guide

Sometimes, you may buy a product only to find it defective. To make it worse, your search for the product reveals mass complaints. You can ...