toplawnerd wrote:sd5289 wrote:marthac66 wrote:Do we really need to know criminal procedure distinctions or could you just apply MBE knowledge for them? There is just way too many degrees
I think the main big differences we should try to know for Crim Pro are:
- four-level analysis re. police encounters with civilians (right to inquire, reasonable suspicion that criminal activity is afoot, reasonable suspicion that this person has committed or is about to commit a crime, PC to believe this person has committed a crime and thus arrest)
- car search exceptions, namely once a person is out of the car, the police need PC to search the passenger compartment for evidence of the crime or weapons
- in a Terry stop, police can only seize what they reasonably believe is a weapon (cannot if they believe it's contraband)
- self defense and alibi are NOT affirmative defenses, and thus prosecution must disprove them beyond a reasonable doubt; everything else is and affirmative defense (e.g. duress, insanity, etc) and D must prove by a preponderance of the evidence.
- NY recognizes "indelible right to counsel," and once attached, police cannot question and D cannot waive without the attorney present
Correct me if I'm wrong, but alibi is not an affirmative defense for MBE or for New York. Self defense/justification is an ordinary defense in NY but an affirmative defense in MBE.
You're right. According to my notes, defenses (i.e. must be disproved by prosecution BRD) are alibi and justification (self-defense in NY). Affirmative defenses (must be proved by defendant by a preponderance of the evidence) are EED for murder to manslaughter, insanity, and entrapment.