key amendments tested

Question 1

what does the 4th amendment protected

Answer 1

prohibition against UNREASONABLE searches and seizures

Question 2

what does the 5th amendment protect

Answer 2

1) privilege against compulsory self-incrimination (plead the 5th)
2) prohibition against double jeopardy

Question 3

what does the 6th amendment protect

Answer 3

1) right to speedy trial;
2) right to trial by jury
3) right to confront witnesses;
4) right to ASSISTANCE of counsel

Question 4

what dose the 8th amendment protect

Answer 4

prohibition against cruel and unusual punishment

1) the death penalty;
2) prisoner rights

Question 5

categories

Answer 5

1) Search and seizure (4th amend)
- reasonable expectation of privacy. (standing)

2) Confessions/ Miranda (5th amendment)
- not offensive specific

3) Right to counsel/ Mesa (6th amendment)

Question 6

when does miranda apply

Answer 6

1) custodial

2) interrogation

Question 7

what is custodial

Answer 7

reasonable person would not feel free to leave

Question 8

what is interrogation

Answer 8

police know or should have known illicit an incriminating response from D

Question 9

is 5th amendment offense specific

Answer 9

NO
1) If request attorney: ALL QUESTIONING MUST CEASE until the accused is provided with an attorney or initiates further

2) if remained silent: Police cannot badger the accused. However, the if police scrupulously honor the request, they can rewarn the accused and later resume questioning TO A DIFFERENT CRIME

Question 10

what happens under miranda when person makes explicit request to talk to attorney

Answer 10

ALL QUESTIONING MUST CEASE until the accused is provided with an attorney or initiates further questioning them self.

Question 11

how to waive miranda

Answer 11

1) knowingly

2) intelligently waive them

Question 12

under 4th amendment may a party challenge an illegal search by another person

Answer 12

NO, need reasonable expectation of privacy in them self.

Question 13

can prosecutor use silence of miranda against a D at trial

Answer 13

No, cannot use silence against D at trial

Question 14

if miranda offensive specific

Answer 14

NO. If state want to talk to attorney ALL QUESTIONING MUST CEASE until the accused is provided with an attorney or initiates further questioning himself
- Before charged

Question 15

when is 6th amendment come in

Answer 15

when adversarial proceeding has begun.

- ex: formal charged, indictment

Question 16

does an arraigned constitute adversarial proceeding

Answer 16

yes

Question 17

is 6th amendment offense specific

Answer 17

YES. 
- need attorney for all stuff related to that crime 
x/c 
1) knowingly and 
2) voluntary waiver

Question 18

rule for 4th amendment search and seizure and effect of civil proceedings

Answer 18

D’s guilty plea neither admits legality of search nor waives under 4th amendment claims under subsequent civil damages or claim of illegal search

Question 19

double jeopardy (more serious crime)

Answer 19

prohibits retrying D whose conviction reversed on appeal for any offense MORE SERIOUS that which convicted at 1st trial
- violated for retrial on more serious offense, even if only convicted at 1st trial

Question 20

double jeopardy (blockburger test same offense)

Answer 20

2 crimes DO NOT constitute same offense if EACH CRIME requires proof OF AN ADDITIONAL ELEMENT, tha other crime does not require

Question 21

ex of double jeopardy same offense

Answer 21

elements of crimes

1) a, b, c
2) a,b,c, d
- same offense

Question 22

ex of not same offense for double jeopardy

Answer 22

elements of crimes

1) a, b, x
2) a, b, c
- different elements

Question 23

what if D makes silent unambiguous in miranda for 5th amendment

Answer 23

Police cannot badger the accused. However, the if police scrupulously honor the request, they can rewarn the accused and later resume questioning TO A DIFFERENT CRIME