Criminal Procedure

Question 1

Criminal Procedure: General Roadmap

Answer 1

I. Exclusionary Rule
II. Fourth Amendment
III. Fifth Amendment
IV. Sixth Amendment
V. Identification
VI. Pretrial
VII. Double Jeopardy

Question 2

I. Exclusionary Rule

Answer 2

A. General Rule
B. Fruit of the Poisonous Tree

Question 3

II. Fourth Amendment

Answer 3

A. General Rule (government conduct, reasonable expectation of privacy, standing)
B. Arrests and Seizures
C. Searches

Question 4

III. Fifth Amendment

Answer 4

A. Privilege Against Compulsory Self-Incrimination
B. Statements Taken in Violation of Miranda

Question 5

IV. Sixth Amendment

Answer 5

A. Right to Counsel
B. Right to Confront Witness
C. Right to Jury Trial
D. Right to Speedy Trial

Question 6

V. Identification

Answer 6

A. Photo Array
B. Lineup

Question 7

VI. Pretrial

Answer 7

A. Probable Cause Hearing
B. Bail
C. Guilty Pleas

Question 8

VII. Double Jeopardy

Answer 8

A. General Rule
B. Protections
C. Approach

Question 9

II.B. Arrests and Seizures

Answer 9

1. Seizure of Person
2. Test
3. Detention (Terry stop)
4. Arrest
5. Traffic Stop

Question 10

II.C. Searches

Answer 10

1. General Rule
2. Definition of Probable Cause
3. Warrant Requirements
4. Warrant Execution
5. Warrant Exceptions (ESCAPES)