Crim Pro

Question 1

A defendant’s confession is involuntary if

Answer 1

the totality of the circumstances shows that the confession was the product of coercive police conduct. Therefore, a confession induced by the defendant’s mental condition—not police coercion—is still admissible

Question 2

Use and derivative use immunity precludes

Answer 2

the use of a person’s testimony—and any evidence derived from it—against him/her in a criminal proceeding. However, evidence obtained from an independent source can be used.

Question 3

There is no Fourth Amendment search if an officer hears a statement from

Answer 3

a place where the officer has a lawful right to be

Question 4

voluntary incriminating statements.

Answer 4

Fifth Amendment does not protect

Question 5

A defendant indicted by a grand jury that excluded members of a racial group

Answer 5

may raise an equal protection challenge—even if the defendant is not a member of the excluded group. And if deliberate discrimination is found, the conviction must be automatically reversed on appeal.

Question 6

To establish ineffective assistance of counsel, a defendant must show that

Answer 6

(1) the attorney’s performance fell below objective standards of reasonableness and (2) there is a reasonable probability that, but for that deficiency, the outcome would have been different.