Crim pro review

Question 1

Exclusionary rule

Answer 1

Prevents introduction at a subsequent criminal trial of evidence seized in violation of 4th, 5th, or 6th Amendment rights

Question 2

Who is a government actor

Answer 2

Police, private person directed by police, deputized private police

Question 3

What does the right against self incrimination NOT apply to

Answer 3

Privilege against self incrimination applies only to individuals, not corporations

it also does not apply to things that would subject a person to CIVIL (not criminal) liability

Question 4

Seizure

Answer 4

When police, through means of physical force or show of authority, intend to terminate/restrain freedom of movement

Question 5

Analysis if seizure is ambiguous

Answer 5

If police intent to restrain is ambiguous or if D’s submission is only passive acquiescence, a seizure occurs if totality of circumstances would lead a reasonable innocent person to believe he is not free to leave

Question 6

Stop and frisk

Answer 6

A temporary detention that constitutes a seizure if the officer has in some way restrained the liberty of a citizen

Question 7

Requirements for an arrest warrant

Answer 7

Must be issued by detached and neutral magistrate upon finding of PC and describe with particularity D and the crime

Question 8

Requirements for a search warrant

Answer 8

Must be issued by detached and neutral magistrate upon finding of PC and describe with particularity the places to be searched and items to be seized

Question 9

Knock and announce

Answer 9

Police must generally knock and announce their purpose when executing a warrant

Violations do not trigger exclusionary rule

Question 10

Racial exclusion on grand juries

Answer 10

A defendant indicted by a grand jury that excluded members of a racial group may raise an EPC challenge – even if not a member of the excluded group.

So if members of a grand jury were excluded because of their race, that’s an issue the same way it would be for a regular jury

Question 11

Double jeopardy and second prosecution

When there is no bar to second prosecution

Answer 11

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)

Question 12

When can the death penalty be imposed on a felony murder accomplice?

Answer 12

When the accomplice kills, intends to kill, or attempted to kill someone

If they didn’t kill, inted to kill, or attempt to kill, death penalty still might be imposed if they significantly participated in commission of the underlying felony and acted with reckless indifference to human life

If the accomplice didn’t do any of the above, they can still be convicted of felony murder – just no death penalty.