BLL Crim Pro

Question 1

what does the 4A protect against?

Answer 1

unreasonable searches and seizures by the gov

Question 2

what 14A requirement applies to confessions?

Answer 2

confessions must be voluntary

Question 3

when can unconstitutional confessions be used in trial?

Answer 3

to impeach D

Question 4

does a D have a 6A right to counsel at a post-charge line up?

Answer 4

yes

Question 5

does a D have a 6A right to counsel at a pre-charge line up or photo ID?

Answer 5

no

Question 6

is the 5A or 6A offense specific?

Answer 6

6A

Question 7

what must a judge determine before accepting a guilty plea?

Answer 7

that the plea is voluntary and intelligent

Question 8

when does jeopardy attach in a JTRL?

Answer 8

at empaneling and swearing in of jury

Question 9

when does jeopardy attach in a bench trial?

Answer 9

when first witness is sworn

Question 10

what is double jeopardy?

Answer 10

prevents gov from retrying a person for the same offense twice

Question 11

what is the “same offense” for double jeopardy purposes?

Answer 11

two crimes are the same unless they each require proof of an additional element that the other crime does not

Question 12

does attachment of jeopardy for a greater offense bar retrial for lesser included offenses?

Answer 12

yes

ex: robbery includes larceny and assault; if jeopardy attaches for robbery, cannot then be tried for assault of larceny

Question 13

when is a judge required to give a requested jury instruction?

Answer 13

when instruction is correct, not already given, and supported by some evidence