CP Lesson 14

1
CP Lesson 14 Additional 5th Amendment Rights

• Right to Due Process
• Prosecutors duty to disclose
• Defendants 5th Amendment right not to testify
• Accompanying protections
• Implications of immunity

2
Right to Due Process

• General
• Prosecutors duty to disclose
• Role of prosecutor
• Duty Mooney v. Holohan (1935)
• Brady v. Maryland (1963)
• Rule and Motion
• Kyles v. Whitley (1995)
• Latest rule
• if the circumstances surrounding the
  nondisclosure raise a reasonable probability that
  their nondisclosure would have made a difference
  in the trials result, then the defendants due
  process rights are violated

3
Defendants 5th Amendment Right Not to Testify

• Invoking the right
• Certain advantages to not testifying
• Accompanying protections
• Prosecutor may not negatively comment
• Trial judge may not negatively comment
• Jury instructions on right
• The Privilege and Grants of Immunity
• Two types of Immunity
• Transactional complete protection
• Derivative use cant use or derive evidence
  from
• Kastigar v. US (1972)
• Jurisdictional reciprocity