Lushing F04 Hard Rules Crim Pro

Lushing F04 Hard Rules Crim Pro - CRIM PRO (LUSHING): HARD...

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CRIM PRO (LUSHING): HARD RULES & FACTS FALL 2004 Constitution Article I, §9: Congress has power to suspend habeas corpus. (Only happened during the civil war.) Article IV, §2: Extradition—getting someone from one state to another for trial. Article I, § 9 (federal), § 10 (states)—ex post facto clause (can’t pass a law that makes an act that already occurred a crime or that increases sentence for crime; no retroactivity). 4 th 5 th A.—self-incrimination, Miranda . 6 th A.—rt. to counsel. Note: State can always give D more protection than constitution gives him. Numbers: NY: Must get probable cause determination w/in 24 hours. Must have prelim hearing w/in 120 hours of arrest. GJ must indict w/in 45 days. Released from jail if not brought to trial in 90 days. 10-20 perempts depending on time. Jury unanimity req. 18b attorneys now make $60/hr. Federal: Federal – hearing within 10 days if in jail; 20 days if out on bail. Indictment w/in 30 days; PC determination in 48 hrs. (Scalia said too long). Speedy trial req. is 70 days after indictment. 10 perempts. Federal defenders make $90/hr. Starting salary for Legal Aid lawyer: $42k. Rt. to jury trial if crime punishable by more than 6 mos. prison time. 5 jurors is too few. (5/6 is unconstitutional; 11/12 or even 9/12 is permissible). Forfeiture v. Waiver Forfeiture is unknowingly giving up rts; waiver is knowingly and voluntarily giving up rts. 4 th Amendment Probable cause is more likely than not, 50+%. o Objective standard. o If there are objective grounds to satisfy the 4 th Amendment PC req. the Court will not look to cop’s motive. Where a show if authority is made to a suspect and the suspect does not yield no seizure takes place . ( Hodari D. ) Yelling “stop” is NOT a seizure. o N.Y. contra : Court of Appeals ruled that NY law says that if a cop tells someone to stop, that’s a seizure. NY Court would then suppress stuff thrown away if the pursuit/seizure was in violation of the 4 th Amendment. Note: To arrest someone in the home of another need a search warrant . Note: It is NEVER okay to arrest someone in their home for a petty offense. Informants: Totality of the circumstances test. Would a reasonable cop rely on this informant? Reliability and corroboration are factors, but weakness of one can be made up for by strength of the other. o N.Y. contra : New York still uses 2 prong test—reliability + corroboration. When arresting someone in their home, cops can do a protective sweep if they have reasonable belief that someone else may be present—can only look in places big enough for a person.
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Lushing F04 Hard Rules Crim Pro - CRIM PRO (LUSHING): HARD...

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