CrimPro

Question 1

Are searches by public school officials searches under the 4th Amendment

Answer 1

Yes, but they are considered administrative searches and therefore do not need a warrant.

Question 2

When may a public school official search a student?

Answer 2

Student searches may be done if they are reasonable. Requires:

1) Moderate Chance to find expected evidence

2) Search measures adopted must be reasonably related to objectives of search

3) Search cannot be excessively intrusive in light of age and sex and nature of infraction.

Question 3

What is the Batson test pursuant the the 14th Amendment EPC?

Answer 3

Batson prohibits both criminal defendant and prosecutor from exercising peremptory challenges solely on race or gender. Requires a showing that:

1) Moving party establishes case of discrimination

2) Nonmoving party provides nondiscriminatory explanation for strike

3) Moving party carries burden to show that the explanation was pretextual and still motivated by discrimination.

Question 4

Can a defendant waive a selection of an impartial jury?

Answer 4

Yes!

In contrast, a prosecution cannot infringe on this right.

Question 5

What type of evidence does the 5th Amendment right against self-incrimination apply to?

Answer 5

Only testimonial evidence!

Not nontestimonial physical evidence.

Question 6

In regards to one’s sentence, when does an individual have a 6th Amendment **right of counsel?

Answer 6

Permitted in any case were defendant is sentenced to incarceration.

This means if the actual sentence was not incarceration, then 6th Amendment does not apply!

Question 7

Is it highly suggestive for a police officer to show a person only one picture of the defendant in regards to identification?

Answer 7

Yes!

Question 8

What is the difference between **use and transactional immunity?

Answer 8

Derivative Use Immunity: Your testimony cannot be used to prosecute you in a similar prosecution.

Transactional Immunity: Cannot be prosecuted at all for the underlying crime

Question 9

Does derivative use or transactional immunity protect someone from a subsequent civil suit?

Answer 9

No!

Question 10

Does immunity work from federal to state court?

Answer 10

Yes!

Question 11

Should evidence be excluded when officers violate the knock and announce rule?

Answer 11

No, evidence is not excluded. Rather, the officers can be subject to a civil suit.

Question 12

How can a police officer’s use of an undercover informant be used to violate an individual’s 5th or 6th Amendment Rights?

Answer 12

5th Amendment: No violation. This is because police are not acting in a way that would elicit a response because the defendant is not aware they are speaking to a police officer.

6th Amendment: Violation, if the informant speaks to the defendant following formal charges or an indictment, unless counsel waives the right.

Question 13

Can a person be prosecuted for the same crime in federal court, state court, or in a different state court if originally in state court?

Answer 13

Yes!!! Double Jeopardy will not apply!

This is called the Dual Sovereignty doctrine.

Question 14

Is a police officers arrest of an individual for a misdemeanor that is punishable only by fine unreasonable under the 4th?

Answer 14

No.

Question 15

When does an impermissible suggestive pre-trial identification violate due process?

Answer 15

When defendant can demonstrate a substantial likelihood of misidentification.

1) Police intentionally made the identification unnecessarily suggestive

2) Identification procured an irreparable misidentification that is unreliable

If court finds the identification reliable (i.e. other basis for identification) then it is acceptable!

Question 16

When can a judge find a fact that services to increase a defendant’s penalty?

Answer 16

When the fact is a prior conviction of the defendant.

Question 17

Absent a warrant, may police generally go through the data of someone’s phone?

Answer 17

Generally no, because the data on the phone could not be used to harm the police and likely will not be destroyed once in police custody.

This is true even if the phone is found as a result of a search incident to a lawful arrest.

Question 18

What is required for a cross-examination to conform with the Confrontation Clause?

Answer 18

1) Defendant must be able to cross-examine witness

2) Defendant must be able to observe demeanor of adverse witness.

Question 19

How does the 4th Amendment REP work with secretly recorded statements?

Answer 19

4th Amendment REP if no party consents to recording

No 4th Amendment REP if *one party consents to recording**. Further, no REP with undercover offiecrs.

Question 20

Is there a Right to Jury Trial for determinations as to whether sentences for multiple offenses are to run concurrently or consecutively?

Answer 20

No! Judge is allowed to use facts to determine sentences.

Question 21

When a felony has been committed outside the presence of an arresting officer, when may the officer make an arrest?

Answer 21

The officer may arrest anyone whom he has probable cause to believe has committed a felony.

AKA, there must be sufficient facts or evidence that lead to a reasonable person to believe a crime has been committed.

Question 22

When may an officer conduct a Terry Stop?

Answer 22

When the officer has reasonable suspicion that the individual was or is involved in illegal activity.

Does not need to be based on personal knowledge, but more than a vague suspicion!

Question 23

What is the Brady Rule?

Answer 23

Generally, a prosecutor has an affirmative duty to disclose to the defendant any material evidence favorable to the defendant.

This applies to evidence where a state actor is aware, but the prosecutor is not.

However, this is only a violation if failure to disclose causes prejudice to the defendant. (AKA change in outcome)

Question 24

For Double Jeopardy are different crimes committed in one transaction deemed the same offense?

Answer 24

Yes, unless each crime requires a proof of an element the other does not.

Question 25

In regards to operating on a good faith reliance to a warrant, does the exception apply to deliberate police misconduct?

Answer 25

No!

This includes instances where an officer has no idea that there was deliberate misconduct by another officer.

Question 26

Who bears the burden of demonstrating that a defendant waived their Miranda warnings?

Answer 26

The prosecution has the burden of establishing a Miranda waiver by a preponderance of the evidence.

Question 27

Under the 6th Amendment, must a state provide an indigent individual counsel over a discretionary appeal?

Answer 27

No!

Question 28

May a judge order a directed verdict in a criminal jury trial?

Answer 28

Only for acquittal!

May not do so for the prosecutor.

Question 29

When would a mistrial not violate double jeopardy rules?

Answer 29

Double jeopardy permits a retrial when:

1) Defendant requested the mistrial

OR

2) Mistreat was based off of manifest necessity

Question 30

Regarding mistrials, what is a manifest necessity?

Answer 30

1) Unforeseeable event that made it highly necessary to terminate proceedings (i.e. death of juror)

AND

2) Judge exercised sound rational discretion in good faith before declaring mistrial (allowing both sides to speak, considering alternatives).

Question 31

What is the 6th Amendment right to an Impartial Jury?

Answer 31

1) Jury pool must be selected from a fair cross-section of community

2) Impaneled jury must be unbiased and be able to decide case based on evidence

For cause challenged allowed!

Question 32

Is a prosecutor required to prove sentencing factors?

If so, who decides whether prosecution has met the burden?

Answer 32

Yes! Must prove other elements that statutorily increase the sentencing range. This does NOT include previous convictions.

A jury then has to decide whether prosecution has met this burden beyond a reasonable doubt.

Question 33

How may a defendant challenge the validity of a warrant

Answer 33

If, by a preponderance of the evidence, they show:

1) Application contains false statement necessary to find probable cause

2) Officer submitting application knew statement was false or recklessly disregarded it’s falsity

Question 34

Is the exclusionary rule subject to civil cases?

Answer 34

No!

This means that even if evidence would be excluded in a criminal trial, it is not subject to the Exclusionary Rule for a civil trial!

Question 35

Does giving Miranda warnings following a 5th Amendment violation dispiate he violation of a subsequent confession?

Answer 35

Generally yes.

However, this occurred because police intentionally withheld the warnings when otherwise required, then the subsequent confession is invalid.

Question 36

Is a third party’s consent to a search invalid if they lack authority to consent?

Answer 36

No, so long a police reasonably believe that the party had authority.

Question 37

Is the failure to comply with a suspect’s request for an attorney a violation of Miranda?

Answer 37

No, and it will not be a basis for making a statement inadmissible.

Question 38

When does the right to a speedy trial start?

Answer 38

The time for measuring whether this right commences is at the time of either:

1) Arrest

2) Formal charge

Question 39

Regarding Double Jeopardy is a demurrer or motion to dismiss in favor the the accused the equivalent of an acquittal?

Answer 39

Yes!

This means that the defendant cannot be re-tried for the charge that was dismissed or that the prosecutor failed to meet the elements off.

Question 40

Does the Double Jeopardy Clause allow retrial following the reversal of a conviction due to insufficiency of evidence?

Answer 40

No! Such retrial is barred.

Question 41

In a joint jury trial, when is a defendant’s right to confrontation violated?

Answer 41

1) Court admits co-defendant’s out of court statement that implicates other defendant

AND

2) Co-defendant does not testify and cannot be compelled to under 5th Amendment

Limiting instruction cannot cure this.

Question 42

Is a person’s mere presence with a criminal or their vehicle sufficient to obtain probable cause?

Answer 42

No!

Question 43

Does transferred intent apply with first degree murder?

Answer 43

Yes!