crim pro

Question 1

4th amendment

Answer 1

unreasonable search and seizure

Question 2

5th amendment

Answer 2

privilege against compulsory self-incrimination

privilege against compulsory self-incrimination

Question 3

6th amendment

Answer 3

speedy trial

public trial

trial by jury

confront witnesses

compulsory process for obtaining witnesses

assistance of counsel

Question 4

8th amendment

Answer 4

prohibition against cruel and unusual punishment

prohibition against excessive fines

Question 5

The right to indictment by a grand jury for capital and infamous
crimes has been held

Answer 5

not to be binding on the states.

Question 6

The Fourth Amendment provides that people should be free from
unreasonable searches and seizures. _____by a
government agent over a person or thing is a seizure.

Governmental
seizures of persons, including arrests, are seizures within the scope of the Fourth Amendment and so must be reasonable.

Answer 6

Any exercise of control

Question 7

A seizure occurs when

Answer 7

under the totality of the circumstances, a
reasonable person would feel that they were not free to decline the
officer’s requests or otherwise terminate the encounter

Question 8

An arrest occurs when

Answer 8

the police take a person into custody against
their will for purposes of criminal prosecution or interrogation

Question 9

An arrest must be based on probable cause—that is,

Answer 9

trustworthy
facts or knowledge sufficient for a reasonable person to believe that
the suspect has committed or is committing a crime for which arrest
is authorized by law. Probable cause is based on the totality of the
circumstances.

Question 10

A warrant generally is not required before arresting a person in
a public place. However, police generally ___

Answer 10

must have a warrant to
effect a nonemergency arrest of a person in their home. The officers
executing the warrant may enter the suspect’s home only if there is
reason to believe the suspect is within it

Question 11

Police must _____to bring a suspect to
the station for questioning or fingerprinting against the person’s will.

Answer 11

have full probable cause for arrest

Question 12

An _____, by itself, has no impact on any subsequent
criminal prosecution.

Answer 12

unlawful arrest

Question 13

The police have the authority to briefly detain a person even if they lack probable cause to arrest. If the police have a ______ of criminal activity or involvement in a completed crime,
supported by _____(that is, not merely a hunch), they may
detain a person for investigative purposes. If the police also have
reasonable suspicion that the detainee is_____,
they may frisk the detainee for weapons.

Answer 13

reasonable suspicion

articulable facts

armed and dangerous

Question 14

Reasonable suspicion is

Answer 14

more than just vague suspicion but is less
than probable cause.

Question 15

Whether the police have reasonable suspicion
depends on

Answer 15

the totality of the circumstances.

Question 16

When reasonable suspicion is based on an informant’s tip, there must
be

Answer 16

an indicia of reliability (including predictive information) to be
sufficient.

Question 17

Investigatory stops are not subject to a specific time limit. The police
must act in a

Answer 17

diligent and reasonable manner in confirming or
dispelling their suspicions. The police may ask the detained person
to identify themself (that is, state their name) and generally may arrest
the detainee for failure to comply with such a request. The detention
will also turn into an arrest if during the detention other probable
cause for arrest arises.

Question 18

Brief property seizures are similarly valid if based on

Answer 18

reasonable
suspicion.

Question 19

Generally, police officers may stop a car if they have

Answer 19

at least reasonable suspicion to believe that a law has been violated.

Question 20

During routine traffic stops,_______, so long
as the police do not extend the stop beyond the time needed to
issue a ticket or conduct normal inquiries.

Moreover, in 2013 the
Supreme Court held that during such a traffic stop, a dog “alert” to the presence of drugs can form the basis for probable cause for a search.

**But note: In 2013, the Supreme Court also held that the police
(without probable cause) cannot use a drug sniffing dog outside of
the home of a suspected drug dealer.

Answer 20

a dog sniff is not a search

Question 21

A police officer’s mistake of law (for example, mistakenly believing that a vehicle must have two working brake lights) does not invalidate
a seizure as long as the mistake was

Answer 21

reasonable.

Question 22

An automobile stop constitutes a seizure not only of the automobile’s
driver, but also of any passengers as well. Thus,

Answer 22

passengers have
standing to raise a wrongful stop as a reason to exclude evidence
found during the stop

Question 23

If the police set up a roadblock for purposes other than seeking
incriminating information about the drivers stopped, the roadblock
will be constitutional. If special law enforcement needs are involved,
the Supreme Court allows police officers to set up roadblocks to stop
cars without individualized suspicion that the driver violated some
law. To be valid, the roadblock must

Answer 23

• Stop cars on the basis of some neutral, articulable standard (for
  example, every car) and
• Be designed to serve purposes closely related to a particular
  problem pertaining to automobiles and their mobility

Question 24

After lawfully stopping a vehicle, in the interest of officer safety, the
officer may

Answer 24

order the occupants of the vehicle to get out.

Moreover,
if the officer reasonably believes the detainees are armed, the officer
may frisk the occupants and search the passenger compartment for
weapons, even after the officer has ordered the occupants out

Question 25

If the police have probable cause to believe a driver violated a traffic
law, they may stop the car, even if

Answer 25

their ulterior motive is to investigate a crime for which they lack sufficient cause to make a stop.

Question 26

Like arrests, evidentiary searches and seizures must be reasonable
to be valid under the Fourth Amendment, but here reasonableness
requires a warrant except in six circumstances. Evidentiary search
and seizure issues should be approached using the following analytical model:

Answer 26

1) governmental conduct

2) standing

3) valid warrant

4) exceptions to warrant req

Question 27

governmental conduct

Answer 27

police officers

government agents

private individuals acting at direction of police

Question 28

There are two ways in which searches and seizures can implicate
an individual’s Fourth Amendment rights:

Answer 28

(1) search or seizure by a
government agent of a constitutionally protected area in which the
individual had a reasonable expectation of privacy; or (2) physical
intrusion by the government into a constitutionally protected area to
obtain information.

Question 29

standing to object

Answer 29

reasonable expectation of privacy w respect to place searched or item seized

Question 30

when person has reasonable expectation of privacy

Answer 30

person owned or had right to possess place searched\

place searched is persons home

person is overnight guest of owner

Question 31

there is no right to privacy in

Answer 31

sound of your voice

style of your handwriting

paint on outside of your car

account records held by bank

location of car on public street or driveway

anything seen across open fields

odors from luggage or car

garbage set out on curb for collection

Question 32

Use of sense-enhancing technology that is not in general
public use (for example, a thermal imager as opposed to a telephoto
camera lens) to obtain information from inside a suspect’s home that
could not otherwise be obtained without physical intrusion violates

Answer 32

the suspect’s legitimate expectation of privacy.

And police officers
may not covertly and trespassorily place a GPS tracking device on a
person’s automobile without a warrant.

Question 33

Generally, criminal law enforcement officers must have a warrant to
conduct a search unless it falls within one of the six exceptions to the
warrant requirement. There are two core requirements for a facially
valid search warrant:

Answer 33

probable cause and particularity

Question 34

A warrant will be issued only if there is probable cause to believe
that seizable evidence will be found on the person or premises at the
time the warrant is executed. Officers must

Answer 34

submit to a magistrate
an affidavit setting forth circumstances enabling the magistrate to
make a determination of probable cause independent of the officers’
conclusions

Question 35

An affidavit based on an informer’s tip must meet the “totality of the
circumstances” test. Under this test, the informant’s ______are relevant factors in making
this determination. Note that the informer’s identity generally need
not be revealed.

Answer 35

reliability and
credibility or their basis for knowledge

Question 36

A search warrant issued on the basis of an affidavit will be held
invalid if the defendant establishes all three of the following:

Answer 36

A false statement was included in the affidavit by the affiant (the
officer applying for the warrant)
* The affiant intentionally or recklessly included the false statement; and
* The false statement was material to the finding of probable
cause

Question 37

particularity

Answer 37

warrant must describe w particularity place to be searched and items to be seized

Question 38

A warrant can predict when illegal items may be in a suspect’s home
or office. The items need

Answer 38

not be on the premises at the time the
warrant is issued

Question 39

A warrant may be obtained to search premises belonging to nonsuspects, as long as

Answer 39

there is probable cause to believe that evidence will
be found there.

Question 40

warrant execution

Answer 40

only police may execute warrant

no third parties unless identifying stolen property

violation of knock and announce rule will not result in suppression of evidence

Question 41

search incident to arrest

Answer 41

police can search after valid arrest

police can make protective sweep of area

search must be contemporaneous in time and place w arrest

Question 42

If an arrest is unconstitutional, any search incident to that arrest

Answer 42

is
also unconstitutional.

Question 43

The police may conduct a search of the passenger compartment of
an automobile incident to arrest only if at the time of the search:

Answer 43

The arrestee is unsecured and still may gain access to the interior
of the vehicle; or

The police reasonably believe that evidence of the offense for
which the person was arrested may be found in the vehicle

Question 44

What can be searched? The person and the

Answer 44

the areas within the person’s
wingspan.

Question 45

In assessing the validity of a search incident to arrest involving things
that did not exist when the Fourth Amendment was adopted (for
example, cell phones, blood alcohol tests), the court will

Answer 45

balance
the degree to which the search incident to arrest intrudes upon a
person’s privacy against the degree to which the search is needed to
promote legitimate governmental interests.

Question 46

technological searches

Answer 46

warrantless breath test permitted but not blood test

physical attributes of cell phone may be searched but not data

Question 47

at the police station, the police may make an inventory search of
_______pursuant to established department
procedure. Similarly, the police may make an inventory search of an
impounded vehicle

Answer 47

the arrestee’s belongings

Question 48

automobile exception

Answer 48

if police have probable cause to believe vehicle contains fruits instrumentalities or evidence of a crime they may search entire vehicle and any container that might reasonably contain the item

Question 49

The search may extend to _____belonging to a passenger; it is
not limited to the driver’s belongings.

Answer 49

packages

Question 50

If the police have probable cause only to search a container in a
vehicle (for example, luggage recently placed in the trunk), they may
search _______

Answer 50

only the container, not other parts of the vehicle.

Question 51

automobile exception PC necessary to justify search of car can arise after

Answer 51

car is stopped

Question 52

plain view exception; police may make a warrantless seizure when:

Answer 52

legitimately on the premises

discover evidence contraband or fruits or instrumentalities of crime

see evidence in plain view

have probable cause to believe item is evidence contraband or fruits or instrumentalities of crime

Question 53

A warrantless search is valid if the police have ____

Answer 53

a voluntary consent

Question 54

person w apparent equal right to use or occupy property may consent

however occupant cant give valid consent when

Answer 54

co-occupant is present and objects

Question 55

if co-occupant is removed for unrelated reason, police may act on consent of

Answer 55

remaining occupant

Question 56

terry stop

Answer 56

brief detention for purpose of investigating suspicious conduct

Question 57

terry frisk

Answer 57

pat down of outer clothing and body to check for weapons

Question 58

terry frisk; officer may seize any item that officer reasonably believes, based on plain feel

Answer 58

is weapon or contraband

Question 58

If a vehicle is properly stopped for a traffic violation and the officer
reasonably believes that a driver or passenger may be armed and
dangerous, the officer may

Answer 58

(1) conduct a frisk of the suspected
person, and (2) search the vehicle, so long as it is limited to the areas
in which weapon may be placed.

Question 58

However, if the fleeing person is suspected of a _____, their
flight does not always justify a warrantless entry into a home.

Answer 58

misdemeanor

Question 59

Evanescent evidence is evidence that might _____ if the
police took the time to get a warrant. For example, a police officer
can scrape under a suspect’s fingernails without getting a warrant
because if the officer took the time to get a warrant the defendant
might go wash their hands.

Answer 59

disappear quickly

Question 59

Police in hot pursuit of a _____ may make a warrantless search
and seizure and may even pursue the suspect into a private dwelling.

The
officer must consider all the circumstances to determine whether there is a law enforcement emergency that justifies a warrantless
entry.

Rule of thumb: If the police are not within 15 minutes behind the
fleeing felon, it is not a hot pursuit that falls under the exception.

Answer 59

fleeing felon

Question 60

emergency aid/ community caretaker exception

Answer 60

police may enter premises w/o warrant if officer faces emergency that threatens health or safety

Question 61

A warrant or probable cause is not required for public school officials
to search public school students or their possessions; only reasonable grounds for the search are necessary. A school search will be
held to be reasonable only if:

Answer 61

It offers a moderate chance of finding evidence of wrongdoing

The measures adopted to carry out the search are reasonably
related to the objectives of the search; and

The search is not excessively intrusive in light of the age and sex
of the student and nature of the infraction

Question 62

unreliable ear

Answer 62

speaker assumes risk other person consents to gov monitoring or is an informer

Question 63

uninvited ear

Answer 63

speaker has no 4th amendment claim if they make no attempt to keep conversation private

Question 64

confession must be voluntary

Answer 64

voluntariness determined by totality of circumstances

harmless error test applies-> conviction need not be overturned if overwhelming evidence of guilt

Question 65

6th amendment right to counsel

Answer 65

applies to all critical stages of prosecution after judicial proceedings have begun

Question 66

stages when 6th amendment right to counsel applies

Answer 66

post interrogation

preliminary hearings to determine probable cause to prosecute

arraignment

post charge lineups

guilty plea and sentencing

felony trials

misdemeanor trials when imprisonment actually imposed

overnight recesses during trial

appeals as matter of right

appeals of guilty pleas

Question 67

stages when 6th amendment right to counsel does not apply

Answer 67

• Blood sampling
• Taking of handwriting or voice exemplars
• Precharge or investigative lineups
• Photo identifications
• Preliminary hearings to determine probable cause to detain
• Brief recesses during the defendant’s testimony at trial
• Discretionary appeals
• Parole and probation revocation proceedings
• Post-conviction proceedings

Question 68

The Sixth Amendment is ____ specific

Answer 68

offense

Thus, even though a
defendant’s Sixth Amendment rights have attached regarding
the charge for which they are being held, the defendant may be
questioned regarding unrelated, uncharged offenses without
violating the Sixth Amendment right to counsel (although the interrogation might violate the defendant’s Fifth Amendment right to
counsel under Miranda; see below).

Question 69

waiver of right to counsel must be

Answer 69

knowing and voluntary

Question 70

At nontrial proceedings (such as post-indictment interrogations),
the harmless error rule applies to deprivations of counsel. But if
the defendant was entitled to a lawyer at trial, the failure to provide
counsel results in

Answer 70

automatic reversal of the conviction, even without
a showing of specific unfairness in the proceedings. Similarly,
erroneous disqualification of privately retained counsel at trial results
in automatic reversal.

Question 71

miranda warnings- req’d when in custodial interrogation

person must be told

Answer 71

1) right to remain silent
2)anything said can be used against them in court
3)right to attorney
4)if person cant afford attorney, one will be appointed

Question 72

miranda warnings necessary only if detainee knows

Answer 72

they are being interrogated by government agent

Question 73

two step process for determining custody

Answer 73

whether reasonable person would feel free to terminate interrogation and leave

whether environment presents same inherently coercive pressures as station house questioning

Question 74

interrogation req

Answer 74

interrogation: any words or conduct by police that they should would likely elicit an incriminating response

miranda warnings not req’d before spontaneous statements

Question 75

Right to Waive Rights or Terminate Interrogation
After receiving Miranda warnings, a detainee has several options:

Answer 75

do nothing,
waive their Miranda rights, assert the right to remain silent,
or
assert the right to consult with an attorney

Question 76

invocation of right to remain silent

Answer 76

unambiguous
police must scrupulously honor request by not badgering detainee

Question 77

invocation of right to counsel

Answer 77

must be unambiguous

all questioning must cease until counsel has been provided unless detainee

waives right to counsel or

is released back to normal life and 14 days have passed since release

Question 78

effect of miranda violation

Answer 78

evidence generally inadmissible

statements may be used to impeach defendants trial testimony but not used as evidence of guilt

Question 79

detainee gives poluce info that leads to nontestimonial evidence-> evidence suppressed if

Answer 79

failure to give miranda warnings was purposeful but likely admitted if failure not purposeful

Question 80

public safety exception

Answer 80

police can interrogate w/o miranda warnings when reasonably prompted by concern for public safety

Question 81

6th amendment right to counsel at post charge lineup or show up no right to counsel at _____

Answer 81

photo identifications

Question 82

d can attack identification if it is

Answer 82

unnecessarily suggestive and there is substantial likelihood of misidentification

Question 83

remedy for unconstitutional identification is

Answer 83

to exclude it; but witness may make in court identification if it has an independent source

Question 84

Admissibility of identification evidence should be determined at
a suppression hearing in the absence of the jury, but exclusion of
the jury is not constitutionally required. The government bears the
burden of proving that:

Answer 84

(1) counsel was present; (2) the accused
waived counsel; or (3) there is an independent source for the in-court
identification. The defendant must prove an alleged due process
violation

Question 85

exclusionary rule

Answer 85

unconstitutionally obtained evidence excluded at trial

Question 86

fruit of poisonous tree

Answer 86

evidence obtained from exploitation of unconstitutionally obtained evidence

Question 87

exceptions to fruit of poisonous tree

Answer 87

fruits derived from statements in violation of miranda

independent source

casual link b/w police misconduct and evidence is broken

intervening act of free will

inevitable discovery

violations of knock and announce rule

Question 88

three Ins that make evidence admissible

Answer 88

independent source

intervening act of free will

inevitable discovery

Question 89

It is difficult to have live witness testimony excluded on

Answer 89

exclusionary
rule grounds.

Question 90

A defendant ____exclude a witness’s in-court identification on the
ground that it is the fruit of an unlawful detention.

Answer 90

may not

Question 91

The exclusionary rule is ______ to grand juries unless evidence
was obtained in violation of the federal wiretapping statute. The
rule is also _____ at parole revocation proceedings, in civil
proceedings, or where evidence was obtained contrary only to state
law or agency rules.

Answer 91

inapplicable

Question 92

The exclusionary rule does _____ when the police arrest
someone erroneously but in good faith thinking that they are acting
pursuant to a valid arrest warrant, search warrant, or law

Answer 92

not apply

Question 93

exceptions to good faith reliance on defective warrant

Answer 93

affidavit so lacking in probable cause no reasonable officer would rely on it

affidavit so lacking in particularity no reasonable officer would rely on it

officer or prosecutor lied to or misled magistrate

magistrate is biased and wholly abandoned neutrality

Question 94

voluntary confession taken in violation of Miranda ____ for impeachment

Answer 94

admissible

Question 95

harmless error test

Answer 95

if illegal evidence admitted conviction should be overturned on appeal unless gov can show beyond a reasonable doubt that error was harmless

Question 96

If
probable cause has not already been determined and there are significant constraints on an arrestee’s liberty (for example, jail or bail,
but not release on recognizance), a preliminary hearing to determine
probable cause must be held within a reasonable time (for example ___
hours)

Answer 96

48

Question 97

The Fifth Amendment right to indictment by grand jury ___
been incorporated into the Fourteenth Amendment, but some state
constitutions require grand jury indictment

Answer 97

has not

Question 98

grand jury proceedings

Answer 98

conducted in secret

d has no right to notice

no right to counsel

no right to have evidence excluded

no right to challenge subpoena on 4th amendment grounds

convicttion from indictment issued by grand jury from which minority group excluded will be reversed

Question 99

A determination of whether a defendant’s Sixth Amendment right
to a speedy trial has been violated is made by an evaluation of

Answer 99

the
totality of the circumstances

Question 100

A determination of whether a defendant’s Sixth Amendment right
to a speedy trial has been violated is made by an evaluation of the
totality of the circumstances. Factors considered are

Answer 100

the length of
delay,

reason for delay,

whether defendant asserted their right, and

prejudice to defendant.

The remedy for a violation of the right to a
speedy trial is dismissal with prejudice.

Question 101

The right to a speedy trial does not attach until

Answer 101

the defendant has
been arrested or charged

Question 102

The government has a duty to disclose material, exculpatory
evidence to the defendant. Failure to disclose such evidence—
whether willful or inadvertent—violates the Due Process Clause
and is grounds for reversing a conviction if the defendant can prove
that

Answer 102

(1) the evidence is favorable to the defendant because it either
impeaches or is exculpatory; and

(2) prejudice has resulted (that is, there is a reasonable probability that the result of the case would
have been different if the undisclosed evidence had been presented
at trial).

Question 103

Insanity is a defense to a criminal charge based on the defendant’s
mental condition at ____
A defendant acquitted by reason of insanity may not be retried and
convicted, although they may be hospitalized under some circumstances.

Incompetency to stand trial, on the other hand, is not a
defense to the charge, but rather is a bar to trial.

It is based on the
defendant’s mental condition at the time of trial. If the defendant
later regains competency, they can then be tried and convicted.

Answer 103

the time they committed the charged crime.

Question 104

Due process is violated if the judge is shown to have ___
against the defendant or to have had a _____ in having
the trial result in a guilty verdict. Impermissible bias also is present
when a judge earlier had significant, personal involvement as a
prosecutor in a critical decision regarding the defendant’s case.

Answer 104

actual malice

financial interest

Question 105

There is no constitutional right to jury trial for petty offenses, but only
for serious offenses. An offense is serious if imprisonment for more
than ____ is authorized. Also, there is no right to jury trial in
juvenile delinquency proceedings.

Answer 105

six months

Question 106

There is no constitutional right to a jury of 12, but there must be at
least ____ to satisfy the right to a jury trial. Jury verdicts must be
unanimous.

Answer 106

six jurors

Question 107

A defendant has a right to have the jury selected from a ______ The defendant need only show the underrepresentation of a distinct and numerically significant
group in the venire to show their jury trial right was violated

Answer 107

representative cross-section of the community.

Question 108

peremptory challenges

Answer 108

generally may use peremptory challenge for any reason

cannot challenge jurors solely on basis of race or gender

Question 109

challenges for cause

Answer 109

juror should be excluded for cause if jurors views would prevent or substantially impair performance of duties

Question 110

A defendant is entitled to questioning on voir dire specifically
directed to racial prejudice whenever race is bound up in the case or
the defendant is accused of ___

Answer 110

an interracial capital crime.

Question 111

A defendant has a right to counsel. Violation of this right at trial,
including erroneous disqualification of the defendant’s privately
retained counsel, requires reversal. For nontrial denials, the ____

Answer 111

harmless
error test is applied

Question 112

A defendant has a right to defend themself at trial if, in the judgment
of the judge, their waiver is _______ Note that
a defendant does not have a right to self-representation on appeal.

Answer 112

knowing and intelligent and, based on the
trial judge’s consideration of the defendant’s emotional and psychological state, the defendant is competent to proceed pro se.

Question 113

The Sixth Amendment right to counsel includes the right to effective
counsel. This right extends to the first appeal. Effective assistance of
counsel is ____

Answer 113

generally presumed.

Question 114

ineffective assistance of counsel

Answer 114

deficient performance by counsel

but for the deficiency result of proceeding would have been different

Question 115

The Sixth Amendment grants to a defendant in a criminal prosecution the right to confront adverse witnesses. The right is not absolute:

Answer 115

Face-to-face confrontation is not required when preventing such
confrontation serves an important public purpose (for example,
protecting child witnesses from trauma). Also, a judge may remove a
disruptive defendant, and a defendant may voluntarily leave the courtroom during trial.

Question 116

If two persons are tried together and one has given a confession that
implicates the other, the right of confrontation prohibits use of that
statement, even where the confession interlocks with the defendant’s
own confession, which is admitted. However, such a statement may
be admitted if:

Answer 116

• All portions referring to the other defendant can be eliminated
• The confessing defendant takes the stand and subjects themself
  to cross-examination with respect to the truth or falsity of what the
  statement asserts; or
• The confession of the nontestifying co-defendant is being used to
  rebut the defendant’s claim that their confession was obtained
  coercively

Question 117

Under the Confrontation Clause, prior testimonial evidence (for
example, statements made at prior judicial proceedings) may not be
admitted unless:

Answer 117

• The declarant is unavailable, and
• The defendant had an opportunity to cross-examine the declarant at the time the statement was made

Question 118

The Due Process Clause requires in all criminal cases that the
state prove guilt beyond a reasonable doubt. The presumption of
innocence is a basic component of a fair trial. However, the state may
generally impose the burden of proof upon the defendant in regard
to ____

Answer 118

an affirmative defense, such as insanity or self-defense.

Question 119

A mandatory presumption or a presumption that shifts the burden
of proof to the defendant violates the ___
requirement that the state prove every element of the crime beyond
a reasonable doubt.

Answer 119

Fourteenth Amendment’s

Question 120

A judge is to give a jury instruction requested by the defendant or the
prosecution if the ____

Answer 120

instruction is correct, has not already been given,
and is supported by some evidence.

Question 121

The judge must determine that the plea is ____
This must be done by addressing the defendant personally in open
court on the record.

Answer 121

voluntary and intelligent.

Question 122

Specifically, the judge must be sure that the
defendant knows and understands things such as:

Answer 122

The nature of the charge to which the plea is offered and the
crucial elements of the crime charged

The maximum possible penalty and any mandatory minimum;
and

That the defendant has a right not to plead guilty and that if they
do plead guilty, they waive the right to trial

Question 123

The remedy for a failure to meet the standards for taking a plea is

Answer 123

withdrawal of the plea and pleading anew.

Question 124

Those pleas that are seen as an intelligent choice among a defendant’s alternatives are immune from collateral attack. But a plea
can be set aside for

Answer 124

(1) involuntariness (failure to meet standards
for taking a plea), (2) lack of jurisdiction, (3) ineffective assistance of
counsel, or (4) failure to keep the plea bargain.

Question 125

plea bargain enforced against prosecutor and defendant but not ___ who does not have to accept plea

Answer 125

judge

Question 126

A guilty plea is not ___ merely because it was entered
in response to the prosecution’s threat to charge the defendant with
a more serious crime if they do not plead guilty

Answer 126

involuntary

Question 127

A guilty plea conviction may be used as a conviction in other
proceedings when relevant (for example, as the basis for sentence
enhancement). However, a guilty plea neither

Answer 127

admits the legality of
incriminating evidence nor waives Fourth Amendment claims in a
subsequent civil damages action.

Question 128

A defendant has a right to counsel during

Answer 128

sentencing

Question 129

death penalty

Answer 129

must be imposed under statutory scheme that gives jury reasonable discretion full information and guidance

no death penalty for rape

cannot execute prisoner who is insane at time of execution

no death penalty for person who is intellectually disabled

no death penalty for minors under 18 at time they committed offense

Question 130

There ___ federal constitutional right to an appeal.

Answer 130

is no

Question 131

If revocation of probation also involves imposition of a new sentence,
the defendant is entitled to representation by counsel in all cases in which

Answer 131

they are entitled to counsel at trial

Question 131

habeas corpus proceeding

Answer 131

no right to appointed counsel

petitioner has burden of proof to show unlawful detention by preponderance of evidence

Question 132

Prison regulations impinge on due process rights only if the regulations impose ___in relation to the
ordinary incidents of prison life.

Answer 132

“atypical and significant hardship”

Question 133

person ___ be retried for same offense once jeopardy attaches

Answer 133

may not

Question 135

when jeopardy attaches

Answer 135

jury trial : empaneling and swearing of jury

bench trial: when first witness is sworn

Question 136

exceptions permitting retrial

Answer 136

first trial ends in hung jury

manifest necessity to abort first trial (medical emergency)

d successfully appealed conviction (unless ground for reversal was insufficient evidence)

d breached plea bargain

d could have been tried for multiple charges in single trial but chose to have offenses tried sep.

Question 137

two crimes are the same offense unless

Answer 137

each crime req proof of additional element that other does not

Question 138

lesser included offenses

Answer 138

attachment of jeopardy for greater offense bars retrial for lesser included offense

attachment of jeopardy for lesser included offense bars retrial for greater offense

Question 139

An exception to the double jeopardy bar exists if unlawful conduct
that is subsequently used to prove the greater offense

Answer 139

1) has not
occurred at the time of prosecution for the lesser offense or (2) has
not been discovered despite due diligence. Similarly, a retrial for
murder is permitted if the victim dies after attachment of jeopardy for
battery

Question 140

The Double Jeopardy Clause is ____when a person is
indicted for a crime the conduct of which was already used to
enhance the defendant’s sentence for another crime.

Answer 140

not violated

Question 141

prohibition against double jeopardy does not apply to trials by separate sovereigns

Answer 141

state and federal government= sep sovereigns

2 states= sep sovereigns

state and its municipalities= same sovereign

Question 142

privilege against self incrimination can be asserted by

Answer 142

any person in any type of case when answer to question might tend to incriminate them

Question 143

A person may refuse to answer a question whenever their response
might furnish a link in the chain of evidence needed to prosecute
them.

Answer 143

their response
might furnish a link in the chain of evidence needed to prosecute
them.

The privilege must be claimed in civil proceedings to prevent
the privilege from being waived for a later criminal prosecution.

Thus,
if an individual responds to questions instead of claiming the privilege during a civil proceeding, they cannot later bar that evidence
from a criminal prosecution on compelled self-incrimination grounds.

Question 144

A criminal defendant has a right ___ take the witness stand at
trial

Answer 144

not to

not to be asked to do so

Question 145

being required to give ones name after terry stop ____ violate 5th amendment

Answer 145

does not

Question 146

5th amendment privilege protects testimonial or communicative evidence and not

Answer 146

real or physical evidence

Question 147

A person served with a subpoena requiring production of documents
tending to incriminate them A person served with a subpoena requiring production of documents
tending to incriminate them generally has no basis in the privilege to
refuse to comply,

Answer 147

because the act of producing the documents does
not involve testimonial self-incrimination.

Question 148

The Fifth Amendment does not prohibit law enforcement officers
from searching for and seizing documents tending to incriminate a
person. The privilege protects against being ___, not against disclosure of communication made in
the past.

Answer 148

compelled to communicate information

Question 149

A violation of the Self-Incrimination Clause does not occur until___

Answer 149

a
person’s compelled statements are used against them in a criminal
case

Question 150

A prosecutor may not comment on a defendant’s silence after being
arrested and receiving Miranda warnings. Neither may the prosecutor comment on a defendant’s failure to testify at trial. However,
a defendant, upon timely motion, is entitled to have

Answer 150

the judge
instruct the jury that they may not draw an adverse inference from the defendant’s failure to testify. Moreover, the judge may offer this
instruction sua sponte, even over the defendant’s objection

Question 151

prosecutor can comment on d’s failure to take stand when

Answer 151

in response to defenses assertion that d was not allowed to explain story

Question 152

if suspect remains silent before miranda warning silence ____

Answer 152

can be used against them

Question 153

When a prosecutor impermissibly comments on a defendant’s
silence, the ____ applies.

Answer 153

harmless error test

Question 154

The state may not chill exercise of the Fifth Amendment privilege
against compelled self-incrimination by ______for failure
to testify

Answer 154

imposing penalties

Question 155

A witness may be compelled to answer questions if granted
_____from prosecution.

Answer 155

adequate immunity

Question 156

use and derivative use immunity guarantees that witness’s testimony and evidence located bc of testimony ______ be used against witness

Answer 156

will not

Question 157

Testimony obtained by a promise of immunity is coerced and therefore involuntary. Thus, immunized testimony may not be used for
impeachment of a defendant’s testimony at trial. However, any
immunized statements, whether true or untrue, can be used in ____.

Answer 157

a trial
for perjury

Question 158

Federal prosecutors ____use evidence obtained as a result of a
state grant of immunity, and vice versa.

Answer 158

may not

Question 159

A person has no privilege against compelled self-incrimination if
there

Answer 159

no possibility of incrimination (for example, statute of limitations has run

Question 160

Immunity extends only to the offenses to which the question
relates and does not protect against

Answer 160

perjury committed during the
immunized testimony.

Question 161

waiver of privilege

Answer 161

d waives by taking witness stand

witness waives by disclosing incriminating information

Question 162

The following rights must be given to a child during trial of a delinquency proceeding

Answer 162

(1) written notice of charges, (2) assistance of
counsel, (3) opportunity to confront and cross-examine witnesses,
(4) the right not to testify, and (5) the right to have “guilt” established
by proof beyond reasonable doubt.

Question 163

The Supreme Court has held that there is _____in
delinquency proceedings. Pretrial detention of a juvenile is allowed
where it is found that the juvenile is a “serious risk” to society, as long
as the detention is for a strictly limited time before trial may be held.

Answer 163

no right to trial by jury

Question 164

If the juvenile court adjudicates a child a delinquent, jeopardy has

Answer 164

attached and the prohibition against double jeopardy prevents the
child from being tried as an adult for the same behavior

Question 165

The Supreme Court has held that the Excessive Fines Clause of the
Eighth Amendment applies only to fines imposed

Answer 165

as punishment; it
does not apply to civil fines. Thus, penal forfeitures are subject to the
Clause, but civil forfeitures are not.

Question 166

Monetary forfeitures (for example, forfeiture of twice the value of
illegally imported goods) brought in civil actions generally ______
subject to the Eighth Amendment.

Answer 166

are not