Crim Pro

Question 1

Who does the 4th Amendment limit?

Answer 1

The Fourth Amendment limits government actors. It does not limit private individuals acting on their own behalf without the government’s knowledge or participation (e.g., concerned citizens, vigilantes).

Answer 2

A defendant has standing to challenge a Fourth Amendment search if he/she had a legitimate expectation of privacy (or an ownership/possessory interest) in the area or item searched at the time of the search. Therefore, a defendant cannot challenge an unlawful search of a home that was conducted after the defendant moved out.

Answer 3

An arrest warrant implicitly authorizes entry into the arrestee’s home—not a third party’s home—to serve the warrant. Police may only search for an arrestee in a third party’s home if they have a warrant for the search, exigent circumstances, or consent to enter.

Question 4

What’s the plain-view doctrine?

Answer 4

The plain-view doctrine allows an officer conducting a lawful search to seize an apparently illegal item in plain view—even if the item was not named in a warrant—if the officer has lawful access to the item (not seen here).

Question 5

Under the 4th Amendment, when does an unreasonable search or seizure typically occur?

Answer 5

Under the Fourth Amendment, an unreasonable search or seizure typically occurs when the government acts without a warrant based on probable cause. An arrest warrant implicitly authorizes entry into the arrestee’s home to serve the warrant if police have reason to believe that the arrestee is present (Choice C). But police may only search for an arrestee in a third party’s home when they have:

a warrant authorizing the search
exigent circumstances or
the third party’s consent to enter the home.

Question 6

What are the requirements for a warrant?

Answer 6

Warrant requirements

-Based on probable cause
-Supported by oath or affidavit
-Issued by neutral & detached magistrate
-Particularly describes place to be searched/items to be seized

Question 7

What are the seven major exceptions to a warrant?

Answer 7

There are seven major exceptions:

Exam Tip 4: Think of them as seven ESCAPES from the warrant requirement.

o Exigent circumstances
o Search incident to arrest
o Consent
o Automobiles
o Plain view
o Evidence obtained from administrative searches
o Stop and frisk

Question 8

What’s exigent circumstance?

Answer 8

exigent circumstances, under which police may act without a warrant when there is an immediate threat of harm to police or the public. It allows police to conduct a protective sweep to search for injured persons and continued threats. They also can seize illegal items that are in plain view. But once the emergency ends, the search must end unless the police obtain a warrant or another exception applies.

Question 9

When does the automobile exception apply?

Answer 9

The automobile exception justifies a warrantless search of a person’s vehicle when:

police have probable cause to believe that the vehicle contains evidence of a crime and
the search is limited to areas where the evidence might be located.
During an automobile search, police can search any containers inside the vehicle—including the trunk and locked containers—that might contain the illegal evidence. They can also seize any other illegal items discovered during this search.

Question 10

The 5th Amendment privilege against self-incrimination does not apply to what kind of evidence?

Answer 10

The Fifth Amendment privilege against self-incrimination does not apply to evidence that might subject a person to civil liability or to corporations. Therefore, a custodian of corporate records or other corporate officer may not refuse to produce corporate documents under this privilege, even if the documents would incriminate the custodian personally.

Question 11

What’s supposed to happen after a suspect who has waived his Miranda rights is stopped for a long duration of time?

Answer 11

When the interrogation of a suspect who has waived his/her Miranda rights is stopped for a long duration, police should re-Mirandize the suspect prior to resuming the interrogation. That is because the passage of time can possibly invalidate the suspect’s earlier waiver, rendering any incriminating information obtained after the break in interrogation inadmissible. Therefore, the defendant’s best argument is that he did not receive fresh Miranda warnings after the break in questioning.

Question 12

When does the 5th Amendment right to counsel apply?

Answer 12

The Fifth Amendment right to counsel applies when a suspect is subjected to a custodial interrogation prior to the commencement of judicial proceedings. However, this right is not automatic. A suspect must invoke this right by making a specific, unambiguous statement requesting counsel. If the suspect does not do so and answers questions after being Mirandized, then this right is waived.

Question 13

When does the 6th Amendment right to counsel apply?

Answer 13

the Sixth Amendment right to counsel attaches automatically upon the commencement of judicial proceedings and applies at all critical stages of prosecution. However, this right applies only to the specific offense(s) at issue in those proceedings—not to other crimes in which judicial proceedings have yet to commence. And though this right can be waived, a waiver cannot occur until the right has attached.

Question 14

What are the critical stages of prosecution (when the sixth amendment applies)?

Answer 14

Sixth Amendment right to counsel
(critical stages after prosecution has commenced)

Interrogations & lineups
Preliminary hearings & arraignments
Plea negotiations & hearings
Trial & sentencing
Appeals

Question 15

Under the Blockburger test, what happens when offenses are not the same?

Answer 15

Under the Blockburger test, offenses are not the same if each offense requires proof of an element that the other does not.

Question 16

What’s exculpatory evidence?

Answer 16

Exculpatory Evidence: Evidence that can potentially exonerate the defendant or show they are not guilty of the charges.

Question 17

When does it matter when race is “inextricably bound up in the case”?

Answer 17

Whether race is “inextricably bound up in the case” is relevant to whether a party can question a potential juror about racial views. But it does not justify removing jurors of a particular race.

Question 18

What does the 14th Amendment right prohibit?

Answer 18

The Fourteenth Amendment equal protection clause prohibits striking potential jurors based solely on their race, ethnicity, or sex.

Question 19

What’s a peremptory challenge?

Answer 19

A defendant’s or lawyer’s objection to a proposed juror, made without needing to give a reason.

Question 20

When does a custodial interrogation occur?

Answer 20

Custodial interrogation

Occurs when defendant is:

in custody – formal arrest or severe restriction of movement and
subjected to interrogation – words or conduct reasonably likely to elicit an incriminating response

Question 21

What’s a bifurcated trial?

Answer 21

Bifurcated trial means that the trial is conducted in two stages. A common division is to determine liability or guilt in the first stage and damages or penalties in the second.

Question 22

What does the due process clause guarantee?

Answer 22

The due process clause guarantees a criminal defendant’s right to have an impartial jury determine whether the defendant is guilty of every element of a crime beyond a reasonable doubt. Accordingly, the U.S. Supreme Court held in Apprendi v. New Jersey that any fact that exposes a criminal defendant to a greater punishment than authorized by the jury’s guilty verdict is an element that must be submitted to and found by the jury.

Question 23

When does a capital-sentencing scheme violate Apprendi?

Answer 23

a capital-sentencing scheme (as seen here) violates Apprendi if it:

allows a jury to render an advisory sentence recommending the death penalty without specifically finding an aggravating circumstance and

permits the judge to then make that finding independently (Choices C & D).

That is because such a scheme strips the defendant of the right to have the jury make the critical findings necessary to impose the death penalty. For this reason, imposing the death sentence here was unconstitutional and the court of appeals should rule for the defendant.

Answer 24

A felony-murder prosecution predicated upon an underlying felony for which the defendant was acquitted in a previous trial is improper because it would require retrying the underlying felony in violation of the double jeopardy clause.

Question 25

What’s the good faith exception?

Answer 25

The good faith exception to the warrant requirement is a legal doctrine that allows evidence obtained by law enforcement officers to be admitted in court, even if there was a defect in the warrant, as long as the officers acted in good faith reliance on the warrant. This means that if the officers reasonably believed that they were following the law and that the warrant was valid, the evidence should not be excluded.

Question 26

What’s a search incident to arrest?

Answer 26

A search conducted by law enforcement officers without a warrant, immediately after an arrest, to ensure officer safety and prevent the destruction of evidence.

Question 27

What four tests are there to show insanity?

Answer 27

M’Naghten Rule
Irresistible Impulse Test
Durham Rule
MPC Test
Note 2: All four of these approaches require a mental disease or defect. The
defendant has the burden of proving insanity either by a preponderance of the
evidence or by clear and convincing evidence.

Question 28

What’s the M’Naghten Rule?

Answer 28

The defendant is not guilty if, because of a mental disease or defect, the defendant did not
know either (i) the nature and quality of the act, or (ii) the wrongfulness of the act.

Question 29

What’s the test to use if entering guilty plea and to determine competency?

Answer 29

The test to determine competency is:
1. Whether the defendant comprehends the nature of the proceedings against him; and
2. Whether the defendant has the ability to consult with a lawyer with a reasonable
degree of rational understanding.

Answer 30

An accomplice (i.e., accessory) to a crime is fully liable for the principal’s conduct. But in most jurisdictions and under the Model Penal Code, accomplice liability will only be imposed if the accomplice has a dual intent:

the specific intent to aid or encourage the principal before or during the crime and
the specific intent that the principal commit the crime.
Mere knowledge that another person intends to commit a crime is not enough to impose accomplice liability.

Question 31

Constitutional protection of the fourth amendment

Answer 31

Security from unreasonable government searches & seizures

Question 32

Fifth Amendment Constitutional protections

Answer 32

Prohibition against compelled self-incrimination
Right to grand jury indictment
Double jeopardy clause – bar against multiple prosecutions for same offense
Due process – protection against unfair deprivation of life, liberty, or property

Question 33

6th Amendment rights

Answer 33

Speedy & public trial
Impartial jury – drawn from fair cross section of community & unbiased
Confrontation – face-to-face & cross-examination of adverse witnesses
Compulsory process – power to subpoena favorable witnesses
Assistance of counsel

Question 34

Sixth Amendment right to counsel
critical and non-critical stages

Answer 34

Sixth Amendment right to counsel

Critical stages

Post-indictment: lineups, in-person identifications, interrogations
Arraignments, preliminary hearings, bail hearings, pretrial motions
Plea negotiations & hearings
Trial & sentencing

Noncritical stages
Pre-charge lineups
Photo-array identification
Fingerprinting, handwriting & voice exemplars, blood samples
Initial appearances, hearings to determine probable cause to detain defendant
Discretionary appeals
Post-conviction proceedings (eg, parole or probation hearing)

Question 35

No double jeopardy protections

Answer 35

The double jeopardy clause does not bar a second prosecution for the same offense when a mistrial is declared at the defendant’s request, with the defendant’s consent, or due to manifest necessity (e.g., a hung jury).
No attachment

Jury was not impaneled & sworn or
Judge did not begin to hear evidence
Mistrial

Requested by defendant or
Based on manifest necessity
Appeal

Appellate court discovered trial error & remanded case
New facts

Facts necessary for greater offense did not exist at first trial

Question 36

custody + no interrogation =

Answer 36

NO miranda rights needed

Question 37

custody + interrogation =

Answer 37

miranda rights needed

Question 38

A felony murder happens there’s an accomplice, can that accomplice be sentenced to death?

Answer 38

But if the accomplice did not kill, attempt to kill, or intend to kill, then the death penalty cannot be imposed on the accomplice unless the accomplice:

significantly participated in the commission of the underlying felony and
acted with reckless indifference to human life.

Answer 39

Police may conduct a warrantless search incident to arrest when a person has been lawfully arrested and the search is limited to the person’s body and areas within the person’s immediate reach. The vehicle may also be searched it is reasonable to believe that evidence of the crime may be found therein.

Question 40

What’s character evidence? When is it allowed?

Answer 40

Character evidence is information that shows what kind of person someone is, like whether they are honest or careless.

In civil cases (cases that are not about crimes), character evidence can be used when it directly relates to an important part of the case.

When character evidence is allowed, it can be shown in three ways:
Specific Instances: By showing specific examples of the person’s behavior.
Reputation: By talking about the person’s reputation, like what other people think of them.
Opinion: By giving an opinion about the person’s character.

Question 41

Can a spouse testify against a spouse in a criminal trial?

Answer 41

The general rule is that the spouse of a criminal defendant may not be called as a witness by the prosecution. A married person may not be compelled to testify against her spouse in any criminal proceeding, regardless of who is the defendant. However, there is an exception when one spouse is charged with a crime against the other spouse or the children of either. Therefore, the wife can be compelled to testify, even over the defendant’s objection.