Miscellaneous Procedural Considerations

Question 1

A supreme court case creating a new constitutional right is applicable where?

Answer 1

all Ds at all stages of the criminal process

Question 2

Ex post facto crimes prohibit what?

Answer 2

1- retroactive criminal statutes

2- increasing punishment after the offense

3- removing a defense that was viable at the time of the offense

4- applying any evidentiary rules that make it easier to convict a D

Question 3

If a state grants greater protections than the constitution, it must indicate…

Answer 3

that such decision is based on adequate and independent state grounds

Question 4

Whee does thee 5th amendment apply?

Answer 4

all proceedings, both civil and criminal where formal testimony is received

Question 5

There is no 5th amendment right to refuse to:

Answer 5

1- urine samples

2- submit to fingerprinting, photography or measurements

3- write, speak or wear particular clothes

4- assume a stance or walk

5- make a gesture for identification or court appearances

Question 6

When is the 5th amendment right against incrimination inoperative?

Answer 6

1- testimony for which the individual has been granted USE or TRANSACTIONAL immunity.

***transactional immunity is broad, use immunity is for the specific instance.