Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

MBE Review > Crim Pro > Flashcards

Crim Pro Flashcards

1
Q

Transactional Immunity

A

Cannot get prosecuted for the underlying crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Use immunity

A

Testimony cannot be used to prosecute you

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Does derivative use immunity protect a W from use of W’s testimony in a subsequent civil trial?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

5A

A

Privilege against self-incrimination (Testimonial in nature)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Does 5A Privilege Against Self-Incrimination apply in civil proceedings?

A

Yes, 5A privilege must be granted by states through the 14A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Does failure to “knock and announce exclude evidence under the exclusionary rule?

A

No, not unless the warrant was not valid, but the police officer likely will receive §1983 sanctions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Can undercover cop question man in custody after he has invoked his 6A right to counsel?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Dual Sovereignty Doctrine

A

Prosecution of a ∆ by the federal gov’t for a crime arising out of an event does not prevent a state from prosecuting the ∆ for a crime arising out of the same event and
vice versa for (state v. fed) & (state v. state)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Car Arrest, what items can be searched/seized?

A

(officer) safety and fruits of the arrest (i.e., evidence for the suspected crime)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Must counsel be present for a photo array?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Should search stop once evidence to the cause the warrant is grounded on has been seized?

A

Yes, otherwise it exceeds the scope of the warrant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

5A Grand Jury Cl

A

requires ∆ to be indicted by a grand jury for any “capital or otherwise infamous crime”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Is 5A Grand Jury Cl. applicable to states under 14A DPC?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Does 4A exclusionary rule apply to civil proceedings?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Can a police stop/arrest a suspect on the basis of reasonable suspicion that suspect has committed a specific crime?

A

The police may stop but cannot arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

8A Excessive Bail Cl

A

when bail is set, it cannot be excessive (i.e., set higher than an amt REASONABLY calculated to ensure ∆’s PRESENCE AT TRIAL)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Is there a ceiling to 8A Excessive Bail Cl?

A

No

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Can the state impose a strict cutoff that precludes a finding of intellectual disability

A

No, prohibits 8A, bc the rule creates an unacceptable risk that a person w/an intellectual disability will be executed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Gov’t must prove that ∆ waived his Miranda rights during a custodial interrogation by

A

Preponderance of the evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

search

A

Government searching where there is a reasonable expectation of privacy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Open Fields Doctrine

A

Open areas w/ no expectation of privacy is not a search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

probable cause

A

a reasonable person would conclude it is more probable than not that a crime has taken place

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Warrant elements

A
  1. issued by a detached magistrate
  2. facts must be fresh
  3. persons places must be specific
  4. cannot exceed the scope
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Once search uncovers the thing he was looking to find under the warrant, the search must

A

STOP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
25
illegal search will not automatically dismiss indictment. T/F
True
26
protective sweep reqs
Only for: 1. search for additional criminals or 2. allowed for the safety with proof of others present
27
Warrantless exceptions (crim pro)
1. consent to the search (one who controls/apparent authority over the property) 2. search incident to lawful arrest 3. arrest of a car occupant 4. inventory search 5. HIGHLY REGULATED INDUSTRY 6. exigent circumstances
28
If 2 people own the property and only one occupant consents to the search and the other refuses,
Police cannot search
29
If 2 people own the property and only one occupant is available and consents to the search,
Police can search
30
Search incident to lawful arrest
1. arrest must be lawful 2. search of person/wingspan
31
Arrest of Car Occupant, police may search if:
1. occupant is unsecured (i.e., not in handcuffs) and 2. reasonable belief of evidence of the (specific) crime of arrest
32
Inventory Search
After arrest at the police station, police can search the person/car
33
Exigent Circumstanes
1. Reasonable belief evidence may be lost/destroyed 2. hot pursuit 3. emergency situation that could harm police/the public If the facts don't provide evidence there's exigent circumstances scenario, it is a warrant issue
34
Illegal Automobile Stop
If there was no reason to pull the car over, then anything found is not admissible
35
Legal Automobile Stop
Police cannot search the car UNLESS some evidence of other crimes (police can only search for evidence as to the specific probable cause they may have) But police does not have a right to search the contents of the car itself
36
Probable Cause of Automobile Stop
Police may search the entire car if probable cause the car is carrying contraband
37
Search outside U.S. | Crim Pro
US officials may search you on foreign land
38
Stop & Frisk
Stop - when reasonable suspicion criminal activity is afoot Frisk - when there is reasonable belief person is armed & dangerous
39
Custody
A reasonable person under the same circumstances do not feel free to leave
40
Interrogation
When police is trying to elicit some criminal response
41
Miranda rights only when
custody AND interrogation
42
If a person in custodial interrogation asks for a lawyer,
ALL questioning must stop
43
waiver of miranda rights
must be knowingly & voluntary (totality of circumstances)
44
Right Against Self-Incrimination
1. never required to testify 2. may be required to perform physical acts 3. cannot be forced to make statements
45
Out-of-court ID that was suggestive and subsequent in-court ID was reliable
Then in-court identification cam be used against you
46
Right to counsel for lineups
1. No right to counsel PRIOR to indictment 2. Right to counsel AFTER indictment
47
5A right to counsel...
BEFORE charges/indictment
48
6A right to counsel...
AFTER formal charges
49
Right to effective counsel (Crim Pro)
1. Did lawyer deviate from the norms 2. Reasonable probability the outcome would have been different
50
criminal ∆ has right to counsel
at all CRITICAL STAGES of prosecution (generally after indictment) typically, no right to counsel pre-indictment
51
Undercover officer in jail cell violates
right to counsel but not Miranda
52
guilty plea must be entered
voluntarily & intelligently
53
Competency (in Fair Trial)
1. ∆ must be competent to understand charges 2. ∆ may be medicated
54
state trial by 6 members
must be unanimous
55
state trial by 12 members
need not be unanimous
56
federal trial by 12 members
must be unanimous
57
exclusion of juror based on race/gender
violates EP
58
criminal ∆ has right to public trial
1. press may attend UNLESS overriding interest 2. does not apply to Grand Jury
59
A co-∆'s confession can only be used against the other
If available to testify
60
non-testimonial statements
made during an emergency
61
right to confront out-of-court statements
1. testimonial statements are inadmissible 2. non-testimonial statements (emergency) are admissible
62
criminal ∆'s burden of proof
preponderance of the evidence
63
Mandatory presumptions in criminal cases
violate DP! Not permitted
64
jeopardy attaches in a jury trial when
jury is sworn in
65
jeopardy attaches in a bench trial when
the first witness is sworn in
66
collateral estoppel in double jeopardy
no retrial allowed when second trial requires an element the ∆ was acquitted of
67
rights during sentence
1. right to counsel 2. right to remain silent
68
death penalty is not cruel & unusual punishment as long as
there are procedural safeguards to prevent arbitrary or discriminatory sentencing
69
death penalty exceptions
1. minors under 18 2. mentally challenged
70
If police believe they have consent to search the whole property, when roommate only has exclusive control over his portion of the home,
The evidence found from unconsented ∆'s portion of the house is admissible bc police reasonably believed they had consent
71
Do administrative searches of commercial establishments require a warrant?
YES
72
Highly regulated industries don't require warrants if:
1. statute/regulatory scheme involves subst'l gov't interest 2. warrantless search necessary to further interest; AND 3. statute provides const'lly adequate substitute for the warrant
73
Double jeopardy and mistrial
double jeopardy does not bar mistrial if 1. ∆ requested the mistrial OR 2. based on manifest necessity--(a) an unforeseeable event made it highly necessary to end the proceedings AND (b) judge exercised sound & rat'l decision before doing so

MBE Review (8 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions