Criminal Procedure

Question 1

When does the Sixth Amendment right to counsel attach?

Answer 1

When judicial proceedings have commenced

Question 2

What does the Sixth Amendment right to counsel apply to?

Answer 2

Critical stages of prosecution–any event where the absence of counsel may prejudice the right to fair trial

Question 3

When is retrial permitted for the same offense?

Answer 3

1. No attachment
2. Mistrial
3. Appeal and remand
4. New facts for greater offense
5. Guilty plea to lesser offense

Question 4

When is an indictment deficient?

Answer 4

1. Fails to charge actual rime
2. Omits elements of crime
3. SOL has run
4. Improper venue or jurisdiction

Question 5

When are grand jury proceedings defective?

Answer 5

1. Admission of unqualified grand juror
2. Exclusion of grand juror for race/gender
3. Prosecutorial misconduct

Question 6

When can an indictment be dismissed on constitutional grounds?

Answer 6

1. 5A double jeopardy
2. 6A right to speedy trial
3. 5A/14A due process

Question 7

What are the exceptions to Miranda?

Answer 7

1. Public safety
2. Routine booking
3. Undercover officer

Question 8

When can a defendant challenge a facially valid warrant?

Answer 8

1. Affidavit contained at least recklessly false statements

2. that were necessary to a finding of PC

Question 9

When does someone have a right to jury trial?

Answer 9

when offense has more than 6 months’ imprisonment