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1May the states provide persons accused or suspected of a crime greater protection than what the U.S. Constitution affords?
May the states provide persons accused or suspected of a crime greater protection than what the U.S. Constitution affords?2Do the constitutional criminal-procedure protections apply against purely private action?
Do the constitutional criminal-procedure protections apply against purely private action?3Will an action be deemed government action simply because a government official or employee performed the action?
Will an action be deemed government action simply because a government official or employee performed the action?4What is required for a private person’s action to be deemed government action?
What is required for a private person’s action to be deemed government action?5Is there generally government action if the government merely passively receives the fruits of unilateral action by a private person?
Is there generally government action if the government merely passively receives the fruits of unilateral action by a private person?6For most purposes of constitutional criminal procedure, what is a felony?
For most purposes of constitutional criminal procedure, what is a felony?7What threshold requirement must be met for the Fourth Amendment to apply?
What threshold requirement must be met for the Fourth Amendment to apply?8Has the Fourth Amendment been violated, simply because there was government action constituting a search or seizure?
Has the Fourth Amendment been violated, simply because there was government action constituting a search or seizure?9What is the Fourth Amendment exclusionary rule?
What is the Fourth Amendment exclusionary rule?10Do the Fourth Amendment’s requirements apply to state and local governments?
Do the Fourth Amendment’s requirements apply to state and local governments?11In general, what degree of force does the Constitution permit police to use when lawfully seizing a person?
In general, what degree of force does the Constitution permit police to use when lawfully seizing a person?12Under what circumstances does the Constitution permit police to use deadly force to effectuate a lawful seizure?
Under what circumstances does the Constitution permit police to use deadly force to effectuate a lawful seizure?13What is required for government action to constitute a search under the Fourth Amendment?
What is required for government action to constitute a search under the Fourth Amendment?14What is the reasonable-expectation-of-privacy test?
What is the reasonable-expectation-of-privacy test?15What is the trespass theory of the Fourth Amendment?
What is the trespass theory of the Fourth Amendment?16Under the Fourth Amendment, does a person have a reasonable expectation of privacy in what the person knowingly exposes to the public?
Under the Fourth Amendment, does a person have a reasonable expectation of privacy in what the person knowingly exposes to the public?17Under the Fourth Amendment, does a person have a reasonable expectation of privacy in information the person voluntarily conveys to another?
Under the Fourth Amendment, does a person have a reasonable expectation of privacy in information the person voluntarily conveys to another?18For purposes of the Fourth Amendment, what is the third-party doctrine?
For purposes of the Fourth Amendment, what is the third-party doctrine?19Law-enforcement officers suspected a homeowner of running an illegal casino from her basement. The homeowner regularly placed her garbage at the cu...
Law-enforcement officers suspected a homeowner of running an illegal casino from her basement. The homeowner regularly placed her garbage at the curb outside her home for collection. The officers asked the local trash collector to bring them the homeowner's garbage instead of taking it to the landfill. When the officers reviewed the trash, they discovered receipts suggesting gambling activity. The officers then went to the bank at which the homeowner maintained her deposit accounts. They directed the bank manager to provide them with copies of the homeowner's recent bank statements. The statements revealed large, periodic deposits of cash suggesting illegal gambling. Have the officers conducted any search for purposes of the Fourth Amendment?20Under the Fourth Amendment, does a lawfully incarcerated prisoner have a reasonable expectation of privacy in the contents of his or her prison cell?
Under the Fourth Amendment, does a lawfully incarcerated prisoner have a reasonable expectation of privacy in the contents of his or her prison cell?21Under the Fourth Amendment, in what place does a person generally enjoy the strongest reasonable expectation of privacy?
Under the Fourth Amendment, in what place does a person generally enjoy the strongest reasonable expectation of privacy?22Does an overnight guest in a home enjoy a reasonable expectation of privacy in the home?
Does an overnight guest in a home enjoy a reasonable expectation of privacy in the home?23Does a guest in a home who is there for purely commercial purposes enjoy a reasonable expectation of privacy in the home?
Does a guest in a home who is there for purely commercial purposes enjoy a reasonable expectation of privacy in the home?24For purposes of the Fourth Amendment, what is curtilage?
For purposes of the Fourth Amendment, what is curtilage?25In general, is there a reasonable expectation of privacy in buildings other than the home, for Fourth Amendment purposes?
In general, is there a reasonable expectation of privacy in buildings other than the home, for Fourth Amendment purposes?26For purposes of the Fourth Amendment, what is an open field?
For purposes of the Fourth Amendment, what is an open field?27What is the open-fields doctrine?
What is the open-fields doctrine?28What four factors do courts consider to distinguish between curtilage and open fields?
What four factors do courts consider to distinguish between curtilage and open fields?29Under the Fourth Amendment, does an individual have a reasonable expectation of privacy in his or her person?
Under the Fourth Amendment, does an individual have a reasonable expectation of privacy in his or her person?30Under the Fourth Amendment, is there generally a reasonable expectation of privacy in an automobile and its contents?
Under the Fourth Amendment, is there generally a reasonable expectation of privacy in an automobile and its contents?31Under what circumstances does police use of a sense-enhancing device constitute a Fourth Amendment search?
Under what circumstances does police use of a sense-enhancing device constitute a Fourth Amendment search?32In general, does the mere fact that police have trespassed upon private property mean that a Fourth Amendment search has taken place?
In general, does the mere fact that police have trespassed upon private property mean that a Fourth Amendment search has taken place?33Under the Fourth Amendment, what is the seizure of a person?
Under the Fourth Amendment, what is the seizure of a person?34For Fourth Amendment purposes, what is the seizure of property?
For Fourth Amendment purposes, what is the seizure of property?35For Fourth Amendment purposes, what is an arrest?
For Fourth Amendment purposes, what is an arrest?36Under the Fourth Amendment, may an interference with a person’s liberty constitute a seizure, even if it falls short of a full-blown arrest?
Under the Fourth Amendment, may an interference with a person’s liberty constitute a seizure, even if it falls short of a full-blown arrest?37Police officers patrolling an urban area saw a young man walking along a sidewalk. One officer suggested that they check whether the young man had ...
Police officers patrolling an urban area saw a young man walking along a sidewalk. One officer suggested that they check whether the young man had drugs on him. The officers turned on their lights and sirens, sped toward the young man, and ordered him to stop through the vehicle's speakers. The young man started to run. The officers exited the vehicle, chased the young man on foot, tackled him to the ground, and placed him in handcuffs. At what point was the young man seized, for purposes of the Fourth Amendment?38What is a warrant?
What is a warrant?39What four general requirements must a warrant satisfy to be valid under the Fourth Amendment?
What four general requirements must a warrant satisfy to be valid under the Fourth Amendment?40Under the Fourth Amendment, what is the warrant requirement?
Under the Fourth Amendment, what is the warrant requirement?41What is probable cause?
What is probable cause?42For a valid search warrant to issue, there must be probable cause to support what proposition?
For a valid search warrant to issue, there must be probable cause to support what proposition?43For a valid arrest warrant to issue or a valid warrantless arrest to take place, there must be probable cause to support what proposition?
For a valid arrest warrant to issue or a valid warrantless arrest to take place, there must be probable cause to support what proposition?44What is an anticipatory search warrant?
What is an anticipatory search warrant?45Must probable cause exist when a warrant is executed?
Must probable cause exist when a warrant is executed?46For purposes of the warrant requirement, who is a magistrate?
For purposes of the warrant requirement, who is a magistrate?47What is required for a magistrate to be constitutionally qualified to issue a warrant?
What is required for a magistrate to be constitutionally qualified to issue a warrant?48What does it mean to say that a magistrate is neutral and detached?
What does it mean to say that a magistrate is neutral and detached?49For purposes of the warrant requirement, what is an oath or affirmation?
For purposes of the warrant requirement, what is an oath or affirmation?50Under the Fourth Amendment, what must a person prove to invalidate a facially valid warrant as issued based on false information?
Under the Fourth Amendment, what must a person prove to invalidate a facially valid warrant as issued based on false information?51In general, what facts must an oath or affirmation supporting a warrant application set forth to enable the magistrate to make the probable-cause d...
In general, what facts must an oath or affirmation supporting a warrant application set forth to enable the magistrate to make the probable-cause determination?52Are assertions based on the requesting officer’s personal knowledge sufficiently reliable to support a magistrate’s probable-cause determination?
Are assertions based on the requesting officer’s personal knowledge sufficiently reliable to support a magistrate’s probable-cause determination?53If an officer relies on information obtained from an informant to support a warrant application, must the informant’s identity be disclosed to the ...
If an officer relies on information obtained from an informant to support a warrant application, must the informant’s identity be disclosed to the magistrate?54Under what circumstances will information obtained from a confidential informant be deemed sufficiently reliable to support a probable-cause determ...
Under what circumstances will information obtained from a confidential informant be deemed sufficiently reliable to support a probable-cause determination?55What factors do courts consider to determine whether evidence supporting probable cause is sufficiently current to be reliable?
What factors do courts consider to determine whether evidence supporting probable cause is sufficiently current to be reliable?56What is the particularity requirement for warrants?
What is the particularity requirement for warrants?57What is required for a search warrant to describe the place to be searched with sufficient particularity?
What is required for a search warrant to describe the place to be searched with sufficient particularity?58For the particularity requirement for warrants to be satisfied, must the requisite particularity appear on the face of the warrant?
For the particularity requirement for warrants to be satisfied, must the requisite particularity appear on the face of the warrant?59What is required for a warrant to describe the persons to be seized with sufficient particularity?
What is required for a warrant to describe the persons to be seized with sufficient particularity?60What is required for a warrant to describe the things or property to be seized with sufficient particularity?
What is required for a warrant to describe the things or property to be seized with sufficient particularity?61Within what timeframe after a valid warrant has issued must police execute the warrant?
Within what timeframe after a valid warrant has issued must police execute the warrant?62What is the general permissible scope of a search or seizure pursuant to a valid warrant?
What is the general permissible scope of a search or seizure pursuant to a valid warrant?63If police are executing a valid warrant, under what circumstances may they detain individuals not named in the warrant?
If police are executing a valid warrant, under what circumstances may they detain individuals not named in the warrant?64May police restrict entry into private premises while awaiting a warrant authorizing a search of the premises?
May police restrict entry into private premises while awaiting a warrant authorizing a search of the premises?65What is the knock-and-announce rule?
What is the knock-and-announce rule?66Under what circumstances does the knock-and-announce rule not apply?
Under what circumstances does the knock-and-announce rule not apply?67Is the suppression of evidence a remedy for police violations of the knock-and-announce rule?
Is the suppression of evidence a remedy for police violations of the knock-and-announce rule?68What is the plain-view doctrine?
What is the plain-view doctrine?69Under what circumstances may police lawfully arrest an individual in a public place without a warrant?
Under what circumstances may police lawfully arrest an individual in a public place without a warrant?70Under what circumstances may police lawfully cross the threshold into an arrestee’s home to effectuate the arrest?
Under what circumstances may police lawfully cross the threshold into an arrestee’s home to effectuate the arrest?71If police have a valid arrest warrant for a particular arrestee, do they need separate justification to enter the arrestee’s home and search for th...
If police have a valid arrest warrant for a particular arrestee, do they need separate justification to enter the arrestee’s home and search for the arrestee?72If police have a valid arrest warrant for a particular arrestee, does that alone justify entering the home of a third party who does not live with ...
If police have a valid arrest warrant for a particular arrestee, does that alone justify entering the home of a third party who does not live with the arrestee to effectuate the arrest?73If police have probable cause to effectuate a lawful, warrantless arrest, do their subjective motivations for the arrest matter?
If police have probable cause to effectuate a lawful, warrantless arrest, do their subjective motivations for the arrest matter?74If police lawfully arrest an individual without a warrant, at what point must they release the individual from custody?
If police lawfully arrest an individual without a warrant, at what point must they release the individual from custody?75In general, what is the search-incident-to-arrest doctrine?
In general, what is the search-incident-to-arrest doctrine?76May police seize items they find during a search incident to a lawful arrest?
May police seize items they find during a search incident to a lawful arrest?77At what point in time must a search incident to a lawful arrest take place, relative to the arrest itself?
At what point in time must a search incident to a lawful arrest take place, relative to the arrest itself?78If an officer has lawful grounds to arrest an individual but never actually arrests the individual, may the officer conduct a search incident to ar...
If an officer has lawful grounds to arrest an individual but never actually arrests the individual, may the officer conduct a search incident to arrest?79For there to be a lawful search incident to a warrantless arrest, at what point in time must there be probable cause justifying the arrest?
For there to be a lawful search incident to a warrantless arrest, at what point in time must there be probable cause justifying the arrest?80What is reasonable suspicion?
What is reasonable suspicion?81If a lawful arrest takes place inside a home or other structure, what is the permissible search area of a search incident to the arrest?
If a lawful arrest takes place inside a home or other structure, what is the permissible search area of a search incident to the arrest?82If police lawfully arrest someone who occupies or recently occupied a nearby automobile, what is the permissible search area of a search incident t...
If police lawfully arrest someone who occupies or recently occupied a nearby automobile, what is the permissible search area of a search incident to the arrest?83Can a person’s presence in a high-crime area, standing alone, establish either reasonable suspicion or probable cause that the person has committed...
Can a person’s presence in a high-crime area, standing alone, establish either reasonable suspicion or probable cause that the person has committed or is committing a crime?84Can a person’s history of criminal activity, standing alone, establish either reasonable suspicion or probable cause that the person has committed ...
Can a person’s history of criminal activity, standing alone, establish either reasonable suspicion or probable cause that the person has committed or is committing a similar crime?85For purposes of the Fourth Amendment, what is the good-faith exception?
For purposes of the Fourth Amendment, what is the good-faith exception?86Does the good-faith exception apply to the execution of warrants?
Does the good-faith exception apply to the execution of warrants?87A detective learned that drugs were being smuggled from one specific warehouse at a shipyard with seven warehouses. The detective submitted a warra...
A detective learned that drugs were being smuggled from one specific warehouse at a shipyard with seven warehouses. The detective submitted a warrant application to a magistrate asking to search the warehouse, which the magistrate approved. The warrant authorized a search of the warehouse in the shipyard, without specifying which warehouse. The detective knew which warehouse was the right one and went to conduct the search at that warehouse, in which he discovered drugs. Later, an appellate court of last resort found the warrant facially invalid for lack of particularity regarding the place of the search, as it did not specify which of the seven warehouses to search. Assume this search violated the drug-smuggling defendants’ Fourth Amendment rights, because the warrant was invalid. Should the drugs be suppressed at a new trial against the defendants?88What is a Terry stop?
What is a Terry stop?89Without a warrant or probable cause, may law-enforcement officers lawfully search a suspect by using their hands to pat down the outside of a suspe...
Without a warrant or probable cause, may law-enforcement officers lawfully search a suspect by using their hands to pat down the outside of a suspect's clothing?90For purposes of the Fourth Amendment, what is the distinction between an investigatory stop and an arrest?
For purposes of the Fourth Amendment, what is the distinction between an investigatory stop and an arrest?91During a lawful Terry stop, may a police officer demand to see identification?
During a lawful Terry stop, may a police officer demand to see identification?92During a lawful Terry stop, may a police officer ask the subject questions?
During a lawful Terry stop, may a police officer ask the subject questions?93In general, what is the permissible duration of a lawful Terry stop?
In general, what is the permissible duration of a lawful Terry stop?94In general, what is the permissible scope of investigative activity during a lawful Terry stop?
In general, what is the permissible scope of investigative activity during a lawful Terry stop?95May an officer conducting a lawful Terry stop arrest the subject, if the subject refuses to comply with the officer’s demands?
May an officer conducting a lawful Terry stop arrest the subject, if the subject refuses to comply with the officer’s demands?96Under what circumstances may an officer conducting a lawful Terry stop detain and investigate personal property?
Under what circumstances may an officer conducting a lawful Terry stop detain and investigate personal property?97Without probable cause or a warrant, under what circumstances may police stop a vehicle, detain its occupants, or search the vehicle or its occupants?
Without probable cause or a warrant, under what circumstances may police stop a vehicle, detain its occupants, or search the vehicle or its occupants?98What is the plain-feel doctrine?
What is the plain-feel doctrine?99A civilian flagged down an officer on patrol, pointed to a man across the street, and stated that the man had just robbed her at gunpoint. The offi...
A civilian flagged down an officer on patrol, pointed to a man across the street, and stated that the man had just robbed her at gunpoint. The officer immediately approached the man and ordered him to place his hands against the nearby wall. The man complied, at which point the officer quickly patted down the outside of the man’s clothing in search of weapons. Did the officer violate the man’s Fourth Amendment rights at any point?100What is the exigent-circumstances exception to the warrant requirement?
What is the exigent-circumstances exception to the warrant requirement?101Can the exigent-circumstances exception apply if police themselves create the exigency giving rise to the exception?
Can the exigent-circumstances exception apply if police themselves create the exigency giving rise to the exception?102What is the hot-pursuit doctrine?
What is the hot-pursuit doctrine?103Do some courts apply the hot-pursuit doctrine if the person being pursued committed a misdemeanor?
Do some courts apply the hot-pursuit doctrine if the person being pursued committed a misdemeanor?104In general, what are the permissible scope and duration of police activity under the exigent-circumstances exception to the warrant requirement?
In general, what are the permissible scope and duration of police activity under the exigent-circumstances exception to the warrant requirement?105Under what circumstances may police enter private premises to seek and subdue a dangerous criminal without a warrant?
Under what circumstances may police enter private premises to seek and subdue a dangerous criminal without a warrant?106What is the emergency-aid exception to the warrant requirement?
What is the emergency-aid exception to the warrant requirement?107Police officers suspected that drug dealers were distributing drugs from a house. Without a warrant, the officers went to the house and began pound...
Police officers suspected that drug dealers were distributing drugs from a house. Without a warrant, the officers went to the house and began pounding loudly on the front door, identifying themselves as police and demanding entry. Assume this behavior was lawful. Through the door, the police heard someone yell an obscenity about the police and then admonish another to flush something. They then heard rapid footsteps running away from the door. Thus, they broke down the front door and entered the house.Under the Fourth Amendment, did the police lawfully enter the house without a warrant?108What is the automobile exception to the warrant requirement?
What is the automobile exception to the warrant requirement?109Is the automobile exception to the warrant requirement the only constitutional rule permitting police to search or detain an automobile without a w...
Is the automobile exception to the warrant requirement the only constitutional rule permitting police to search or detain an automobile without a warrant?110Can an individual’s consent legitimize police conduct that would otherwise violate the Fourth Amendment?
Can an individual’s consent legitimize police conduct that would otherwise violate the Fourth Amendment?111For consent to be valid under the Fourth Amendment, must the consent be knowing, intelligent, and voluntary?
For consent to be valid under the Fourth Amendment, must the consent be knowing, intelligent, and voluntary?112Under what circumstances is consent voluntary under the Fourth Amendment?
Under what circumstances is consent voluntary under the Fourth Amendment?113For consent to be voluntary under the Fourth Amendment, must police inform the subject that he or she may refuse to consent?
For consent to be voluntary under the Fourth Amendment, must police inform the subject that he or she may refuse to consent?114Is a person’s consent involuntary for Fourth Amendment purposes, simply because the person is subject to a seizure or in police custody when giving...
Is a person’s consent involuntary for Fourth Amendment purposes, simply because the person is subject to a seizure or in police custody when giving consent?115Are the subject’s mental and other characteristics a factor courts consider when evaluating whether consent to police conduct is voluntary for Four...
Are the subject’s mental and other characteristics a factor courts consider when evaluating whether consent to police conduct is voluntary for Fourth Amendment purposes?116Who can give valid consent for police to search a home or other private property?
Who can give valid consent for police to search a home or other private property?117Without independent justification, under what circumstances may police search a home or other private property over the express objection of someon...
Without independent justification, under what circumstances may police search a home or other private property over the express objection of someone with common authority over the property?118May probationers and parolees be required to submit to suspicionless, warrantless searches of their homes and effects as a condition of early release?
May probationers and parolees be required to submit to suspicionless, warrantless searches of their homes and effects as a condition of early release?119Under what circumstances may a government administrative agency responsible to supervise a certain industry conduct a warrantless search of commerc...
Under what circumstances may a government administrative agency responsible to supervise a certain industry conduct a warrantless search of commercial premises used in the industry?120In the context of administrative inspections of commercial premises, what is required for the regulatory scheme to provide a constitutionally adequ...
In the context of administrative inspections of commercial premises, what is required for the regulatory scheme to provide a constitutionally adequate substitute for a warrant?121What are the requirements for a valid warrant authorizing an administrative inspection of commercial premises?
What are the requirements for a valid warrant authorizing an administrative inspection of commercial premises?122Does the Fourth Amendment exclusionary rule apply to evidence of a crime that happens to turn up during a lawful administrative inspection?
Does the Fourth Amendment exclusionary rule apply to evidence of a crime that happens to turn up during a lawful administrative inspection?123What is an inventory search?
What is an inventory search?124May police conduct an inventory search without a warrant?
May police conduct an inventory search without a warrant?125If police discover contraband or evidence of a crime during a valid warrantless inventory search, may they seize that evidence under the plain-view...
If police discover contraband or evidence of a crime during a valid warrantless inventory search, may they seize that evidence under the plain-view doctrine?126In general, what are the special-needs exceptions to the warrant requirement?
In general, what are the special-needs exceptions to the warrant requirement?127May police strip search a lawfully detained individual without a warrant?
May police strip search a lawfully detained individual without a warrant?128Without a warrant or individualized suspicion, may police set up sobriety checkpoints at fixed locations on public roadways?
Without a warrant or individualized suspicion, may police set up sobriety checkpoints at fixed locations on public roadways?129Without a warrant or individualized suspicion, may police on roving patrols stop motorists at their own discretion to check for sobriety?
Without a warrant or individualized suspicion, may police on roving patrols stop motorists at their own discretion to check for sobriety?130Without a warrant or individualized suspicion, may police set up fixed checkpoints on the public roads to check passing motorists for possession of...
Without a warrant or individualized suspicion, may police set up fixed checkpoints on the public roads to check passing motorists for possession of evidence or contraband?131Without a warrant or individualized suspicion, may police set up fixed checkpoints at which all motorists are briefly stopped and asked questions c...
Without a warrant or individualized suspicion, may police set up fixed checkpoints at which all motorists are briefly stopped and asked questions concerning a crime that took place in the area?132Without a warrant or individualized suspicion, may immigration officials set up fixed checkpoints at or near the border to briefly stop vehicles an...
Without a warrant or individualized suspicion, may immigration officials set up fixed checkpoints at or near the border to briefly stop vehicles and ask about immigration status and related matters?133What, at minimum, is required for immigration officials on roving border patrol to stop a vehicle to question occupants about immigration status an...
What, at minimum, is required for immigration officials on roving border patrol to stop a vehicle to question occupants about immigration status and other matters?134Under what circumstances may immigration officials search an automobile at or near the border without a warrant?
Under what circumstances may immigration officials search an automobile at or near the border without a warrant?135Under what circumstances may a public-school official search a student and his or her belongings without the student’s consent?
Under what circumstances may a public-school official search a student and his or her belongings without the student’s consent?136Without a warrant or individualized suspicion, may public-school officials subject students participating in extracurricular activities to random u...
Without a warrant or individualized suspicion, may public-school officials subject students participating in extracurricular activities to random urinalysis for drug testing?137Does the Fourth Amendment apply if the government seeks to subject its employees to a search or seizure?
Does the Fourth Amendment apply if the government seeks to subject its employees to a search or seizure?138In the context of the Fourth Amendment exclusionary rule, what is the doctrine of standing?
In the context of the Fourth Amendment exclusionary rule, what is the doctrine of standing?139What is the impeachment exception to the Fourth Amendment exclusionary rule?
What is the impeachment exception to the Fourth Amendment exclusionary rule?140What does it mean to say that police obtained evidence as an indirect result of a constitutional violation?
What does it mean to say that police obtained evidence as an indirect result of a constitutional violation?141What is the derivative-evidence doctrine?
What is the derivative-evidence doctrine?142Does the derivative-evidence doctrine apply to incriminating statements obtained as an indirect result of a Fourth Amendment violation?
Does the derivative-evidence doctrine apply to incriminating statements obtained as an indirect result of a Fourth Amendment violation?143May live witness testimony be excluded under the derivative-evidence doctrine?
May live witness testimony be excluded under the derivative-evidence doctrine?144In what proceedings does the Fourth Amendment exclusionary rule apply?
In what proceedings does the Fourth Amendment exclusionary rule apply?145What is the independent-source rule?
What is the independent-source rule?146What is the inevitable-discovery doctrine?
What is the inevitable-discovery doctrine?147A defendant was unlawfully arrested in violation of the Fourth Amendment. Immediately after the arrest, police forced the defendant to participate ...
A defendant was unlawfully arrested in violation of the Fourth Amendment. Immediately after the arrest, police forced the defendant to participate in an identification procedure. The defendant was identified as the perpetrator. Can the defendant suppress evidence of the out-of-court identification as an illegal fruit of the Fourth Amendment violation?148Does the Fifth Amendment privilege against compulsory self-incrimination apply against state and local governments?
Does the Fifth Amendment privilege against compulsory self-incrimination apply against state and local governments?149What four Miranda warnings must precede a custodial interrogation by police?
What four Miranda warnings must precede a custodial interrogation by police?150What does Miranda require for any statement by a suspect in response to custodial interrogation to be admissible in the prosecution’s case-in-chief...
What does Miranda require for any statement by a suspect in response to custodial interrogation to be admissible in the prosecution’s case-in-chief against the suspect?151To what must the government subject an individual for the requirements of the Miranda doctrine to apply?
To what must the government subject an individual for the requirements of the Miranda doctrine to apply?152What is interrogation, for purposes of the Miranda doctrine?
What is interrogation, for purposes of the Miranda doctrine?153What is custody, for purposes of the Miranda doctrine?
What is custody, for purposes of the Miranda doctrine?154May the prosecution use a statement obtained in violation of a defendant’s Miranda rights to impeach the defendant's testimony at trial?
May the prosecution use a statement obtained in violation of a defendant’s Miranda rights to impeach the defendant's testimony at trial?155If a person subjected to custodial interrogation has invoked the Miranda right to remain silent, what must the officers conducting the interrogatio...
If a person subjected to custodial interrogation has invoked the Miranda right to remain silent, what must the officers conducting the interrogation do?156If a person subjected to custodial interrogation invokes the Miranda right to counsel, may the interrogation continue?
If a person subjected to custodial interrogation invokes the Miranda right to counsel, may the interrogation continue?157If a person subject to custodial interrogation invokes the Miranda right to counsel, may the person later waive the right without the assistance of...
If a person subject to custodial interrogation invokes the Miranda right to counsel, may the person later waive the right without the assistance of an attorney?158A police officer took a burglary suspect into custody and brought him to the stationhouse for interrogation. The suspect, after being advised of hi...
A police officer took a burglary suspect into custody and brought him to the stationhouse for interrogation. The suspect, after being advised of his Miranda rights, invoked his Miranda right to counsel. The officer immediately left the interrogation room. Two hours later, a homicide detective walked past and thought the suspect matched the description of the culprit in an unsolved murder. The detective read the suspect his Miranda rights and asked to speak about the murder. The suspect, hoping to clear his name of the murder, waived his Miranda rights and agreed to speak to the detective. In the ensuing interrogation, the suspect made statements that implicated him in the murder. Were the statements obtained in violation of the Miranda doctrine?159Police took a burglary suspect into custody and brought him to the stationhouse for interrogation. After receiving Miranda warnings, the suspect in...
Police took a burglary suspect into custody and brought him to the stationhouse for interrogation. After receiving Miranda warnings, the suspect invoked his Miranda right to counsel. The police immediately ended the interrogation and released the suspect. Over the ensuing three weeks, the police investigated further and found the suspect's thumb print at the scene of the burglary. The police then took the suspect into custody again and returned him to the station for interrogation. The officers again read the suspect his Miranda rights. This time, the suspect agreed to speak to the officers about the burglary. In the ensuing interrogation, the suspect made statements that implicated him in the burglary. Were the statements obtained in violation of the suspect’s Miranda rights?160A detective took a burglary suspect into custody, brought him to the stationhouse for interrogation, and advised him of his Miranda rights. The sus...
A detective took a burglary suspect into custody, brought him to the stationhouse for interrogation, and advised him of his Miranda rights. The suspect invoked his Miranda right to counsel, and the detective stopped questioning him and left the room. Half an hour later, the detective returned to offer the suspect a sandwich. The suspect immediately asked about the potential prison term for burglary. The detective answered the question, administered Miranda warnings, and asked the suspect whether he wanted to get anything off his chest. The suspect then confessed to the burglary. Was the confession obtained in violation of the suspect’s Miranda rights?161Police took a burglary suspect into custody and brought him to the stationhouse for interrogation. After receiving Miranda warnings, the suspect in...
Police took a burglary suspect into custody and brought him to the stationhouse for interrogation. After receiving Miranda warnings, the suspect invoked his Miranda right to counsel. The interrogating detective immediately left the interrogation room. The suspect was then relocated to a general holding cell. Hoping to obtain a confession from the suspect, the police sent an undercover officer into the suspect’s cell posing as another arrestee. The officer asked the suspect what he was arrested for, and the suspect indicated burglary. When the officer asked the suspect whether he committed the burglary, the suspect replied that he did. The suspect was unaware of the undercover officer’s role.Was the confession obtained in violation of the suspect’s Miranda rights?162Does the Miranda exclusionary rule apply to physical evidence?
Does the Miranda exclusionary rule apply to physical evidence?163What is the public-safety exception to the Miranda rule?
What is the public-safety exception to the Miranda rule?164What is a Miranda two-step scenario?
What is a Miranda two-step scenario?165In a Miranda-two-step scenario, what four factors make it less likely that Miranda’s exclusionary rule will apply to the second statement?
In a Miranda-two-step scenario, what four factors make it less likely that Miranda’s exclusionary rule will apply to the second statement?166In a Miranda-two-step scenario, what five factors make it more likely that Miranda’s exclusionary rule will apply to the second statement?
In a Miranda-two-step scenario, what five factors make it more likely that Miranda’s exclusionary rule will apply to the second statement?167For due-process purposes, what is a coerced statement?
For due-process purposes, what is a coerced statement?168If police coerce a suspect into making a self-incriminating statement, is the statement admissible against the suspect at a criminal trial as subst...
If police coerce a suspect into making a self-incriminating statement, is the statement admissible against the suspect at a criminal trial as substantive evidence of guilt?169If police coerce a suspect into making a self-incriminating statement, is the statement admissible at a criminal trial against the suspect to impea...
If police coerce a suspect into making a self-incriminating statement, is the statement admissible at a criminal trial against the suspect to impeach the suspect’s testimony?170If police coerce an incriminating statement from a suspect, are any physical fruits of the statement admissible at a criminal trial against the sus...
If police coerce an incriminating statement from a suspect, are any physical fruits of the statement admissible at a criminal trial against the suspect under due-process principles?171If police coerce an incriminating statement from a suspect out of a need to avert an imminent threat to public safety, is the statement admissible ...
If police coerce an incriminating statement from a suspect out of a need to avert an imminent threat to public safety, is the statement admissible at a criminal trial against the suspect?172For purposes of determining whether police coerced a suspect to make a statement, what is coercive conduct?
For purposes of determining whether police coerced a suspect to make a statement, what is coercive conduct?173Is a suspect’s statement necessarily coerced or involuntary, just because police lied or made false promises to induce the statement?
Is a suspect’s statement necessarily coerced or involuntary, just because police lied or made false promises to induce the statement?174What three factors do courts generally consider in determining whether coercive police conduct actually overbore a suspect’s will and caused the su...
What three factors do courts generally consider in determining whether coercive police conduct actually overbore a suspect’s will and caused the suspect to make an involuntary incriminating statement?175Police officers patrolling a public park saw a man place a duffle bag inside a garbage can and then walk away. The officers examined the bag and so...
Police officers patrolling a public park saw a man place a duffle bag inside a garbage can and then walk away. The officers examined the bag and soon realized it contained a bomb. The officers chased the man, tackled him, and demanded to know whether there were any other bombs. When the man refused to respond, one of the officers aimed her gun at the man's head and threatened to shoot him if he did not answer. The man responded that there was another bomb at a nearby bank. The police defused the park and bank bombs, and the man was charged with planting explosive devices.Under constitutional due-process principles, are the man’s statement and the bank bomb admissible in evidence against him at trial?176Does the Fifth Amendment privilege against compulsory self-incrimination apply only at criminal trials?
Does the Fifth Amendment privilege against compulsory self-incrimination apply only at criminal trials?177Does the Fifth Amendment privilege against compulsory self-incrimination afford a criminal defendant a right to refuse to testify at all at trial?
Does the Fifth Amendment privilege against compulsory self-incrimination afford a criminal defendant a right to refuse to testify at all at trial?178If a criminal defendant elects not to testify at trial, may the prosecutor comment to the factfinder about that decision?
If a criminal defendant elects not to testify at trial, may the prosecutor comment to the factfinder about that decision?179To impeach a criminal defendant’s testimony, may the prosecutor comment to the factfinder about the defendant’s decision not to testify in an earli...
To impeach a criminal defendant’s testimony, may the prosecutor comment to the factfinder about the defendant’s decision not to testify in an earlier criminal trial against that defendant?180Does the privilege against compulsory self-incrimination afford a witness who is not a criminal defendant the right to refuse to testify at all?
Does the privilege against compulsory self-incrimination afford a witness who is not a criminal defendant the right to refuse to testify at all?181If a witness testifies as to a particular fact or belief, may the witness invoke the privilege against compulsory self-incrimination to avoid provi...
If a witness testifies as to a particular fact or belief, may the witness invoke the privilege against compulsory self-incrimination to avoid providing further relevant details about that fact or belief?182What three requirements must a communication meet for the privilege against compulsory self-incrimination to apply to it?
What three requirements must a communication meet for the privilege against compulsory self-incrimination to apply to it?183Under what circumstances is a communication generally compelled?
Under what circumstances is a communication generally compelled?184Under what circumstances is a communication generally incriminating, for purposes of the privilege against compulsory self-incrimination?
Under what circumstances is a communication generally incriminating, for purposes of the privilege against compulsory self-incrimination?185What is use-and-derivative-use immunity?
What is use-and-derivative-use immunity?186For purposes of the privilege against compulsory self-incrimination, what is testimonial evidence?
For purposes of the privilege against compulsory self-incrimination, what is testimonial evidence?187In general, does the privilege against compulsory self-incrimination apply to written documents that the witness created of his or her own volition?
In general, does the privilege against compulsory self-incrimination apply to written documents that the witness created of his or her own volition?188If a criminal defendant elects to testify at trial, may the defendant assert the privilege against compulsory self-incrimination on the witness stand?
If a criminal defendant elects to testify at trial, may the defendant assert the privilege against compulsory self-incrimination on the witness stand?189The police forced a suspect to stand in a lineup and utter words that the perpetrator of a crime allegedly said while committing the offense. Does...
The police forced a suspect to stand in a lineup and utter words that the perpetrator of a crime allegedly said while committing the offense. Does this violate the suspect’s privilege against self-incrimination?190As part of a criminal investigation, the police forced a suspect to produce a writing sample so that they could compare the suspect’s writing to th...
As part of a criminal investigation, the police forced a suspect to produce a writing sample so that they could compare the suspect’s writing to the writing in a letter known to have been written by the perpetrator of the crime. Does this violate the suspect’s privilege against self-incrimination?191Can an out-of-court identification of a criminal defendant be suppressed as unduly suggestive under the Due Process Clause if the identification wa...
Can an out-of-court identification of a criminal defendant be suppressed as unduly suggestive under the Due Process Clause if the identification was not orchestrated by law enforcement?192Could evidence of a pretrial identification procedure by law enforcement be admissible even if the procedure producing it was unnecessarily suggest...
Could evidence of a pretrial identification procedure by law enforcement be admissible even if the procedure producing it was unnecessarily suggestive?193If law-enforcement officers employ an unnecessarily suggestive identification process, what principal factors will a court consider when determinin...
If law-enforcement officers employ an unnecessarily suggestive identification process, what principal factors will a court consider when determining whether the resulting pre-trial identification is reliable?194In general, if a witness’s pretrial identification of a defendant as the perpetrator is inadmissible on due-process grounds, may the witness identi...
In general, if a witness’s pretrial identification of a defendant as the perpetrator is inadmissible on due-process grounds, may the witness identify the defendant as the perpetrator at trial?195Could evidence of a pretrial identification procedure by law enforcement be admissible even if it is so suggestive as to undermine the reliability ...
Could evidence of a pretrial identification procedure by law enforcement be admissible even if it is so suggestive as to undermine the reliability of the resulting identification?196Is a one-person show-up procedure categorically an unconstitutionally suggestive procedure under the Due Process Clause?
Is a one-person show-up procedure categorically an unconstitutionally suggestive procedure under the Due Process Clause?197Before trial, a witness identified the defendant as the perpetrator. At trial, the court ruled the identification constitutionally invalid, on the ...
Before trial, a witness identified the defendant as the perpetrator. At trial, the court ruled the identification constitutionally invalid, on the ground that the law-enforcement procedure producing it was unnecessarily suggestive, and it was unreliable. However, the government showed that the witness had an independent basis to identify the defendant as the perpetrator, separate and apart from the illegal process itself. May evidence of that pretrial identification be introduced at trial?198Before trial, a witness identified the defendant as the perpetrator. At trial, the court ruled the identification constitutionally invalid, on the ...
Before trial, a witness identified the defendant as the perpetrator. At trial, the court ruled the identification constitutionally invalid, on the grounds that the law-enforcement procedure producing it was unnecessarily suggestive, and it was unreliable. The prosecution wanted to call the same witness at the defendant's criminal trial to identify the defendant in court as the perpetrator. To support admitting the testimony, the prosecution showed that the witness had an independent basis to identify the defendant as the perpetrator, separate and apart from the illegal process itself. Is the in-court identification admissible?199Just after an armed robbery, the victim approached a police officer and described the robber as a young man wearing a t-shirt and jeans. Shortly af...
Just after an armed robbery, the victim approached a police officer and described the robber as a young man wearing a t-shirt and jeans. Shortly after, about three blocks away, police apprehended a young man who matched that general description. The police brought the young man to the crime scene in handcuffs and showed him to the victim, who claimed to be "70 percent sure" that the young man was the robber. Prior to trial, the young man moved to suppress all evidence of this one-man show-up identification as unconstitutionally suggestive. The trial court concluded that the procedure was suggestive, and the identification was not reliable. The victim's initial description was vague, and the identification was tentative. Does constitutional due process require suppressing evidence of the show-up procedure at trial?200The victim of a robbery chased the perpetrator but lost sight of him. The victim entered a subway station. Inside, she saw two police officers ques...
The victim of a robbery chased the perpetrator but lost sight of him. The victim entered a subway station. Inside, she saw two police officers questioning a young man whom they had just observed trying to jump the turnstile. Believing the young man to be the robber, the victim approached the officers and identified him as the robber. Prior to trial, the young man moved to suppress the identification as unduly suggestive, as he was then in police custody and was the only person whom the victim had a chance to identify. The court concluded that the circumstances of the identification were unnecessarily suggestive, producing an unreliable identification. Does constitutional due process require suppression of the identification?201While investigating a robbery, a detective had a hunch that the perpetrator was a suspect whom he had encountered while investigating unrelated cri...
While investigating a robbery, a detective had a hunch that the perpetrator was a suspect whom he had encountered while investigating unrelated crimes. The detective pulled that suspect's photograph from a mugshot database and inserted it into an array containing photographs of four other people. The detective then showed the photo array to the robbery victim, asking her whether anyone in the array looked familiar. As he did so, he tapped his finger conspicuously on the face of the person he believed to be the perpetrator. The victim pointed to that person, who was thus charged with committing the robbery. Upon learning about the detective's finger tapping, the defense attorney moved to suppress the identification as a due-process violation. Should the motion be granted?202A kidnapper held a victim captive in his basement. Each morning and evening, the kidnapper would enter the basement to bring the victim food and sp...
A kidnapper held a victim captive in his basement. Each morning and evening, the kidnapper would enter the basement to bring the victim food and speak to him for a few minutes. After three months’ confinement, the victim escaped and ran to a police station. Based on the victim's description of the kidnapper’s house, the police arrested a defendant at his home. At the station, police told the victim, "We caught the guy." They then showed the defendant to the victim, and asked him to confirm they had arrested the right person. The victim said, "Yes, that's him." The trial court held that the station-house identification procedure was unnecessarily suggestive and unreliable, making the identification inadmissible on due-process grounds. Does due process also prohibit the victim from identifying the defendant as the kidnapper at trial?203Does the Sixth Amendment right to counsel apply against state and local governments?
Does the Sixth Amendment right to counsel apply against state and local governments?204At what point in time does the Sixth Amendment right to counsel attach?
At what point in time does the Sixth Amendment right to counsel attach?205In general, what are the critical stages of a criminal prosecution, for purposes of the Sixth Amendment right to counsel?
In general, what are the critical stages of a criminal prosecution, for purposes of the Sixth Amendment right to counsel?206Does the Sixth Amendment right to counsel imply an exclusionary remedy?
Does the Sixth Amendment right to counsel imply an exclusionary remedy?207Once the Sixth Amendment right to counsel has attached with respect to an offense, under what circumstances may police actively and deliberately se...
Once the Sixth Amendment right to counsel has attached with respect to an offense, under what circumstances may police actively and deliberately seek incriminating information from the defendant about the offense?208Is the Sixth Amendment right to counsel the same as the Miranda right to counsel?
Is the Sixth Amendment right to counsel the same as the Miranda right to counsel?209Under the Sixth Amendment, are all criminal defendants entitled to receive an appointed attorney at government expense?
Under the Sixth Amendment, are all criminal defendants entitled to receive an appointed attorney at government expense?210Is an indigent criminal defendant entitled to appointed defense counsel at government expense in every criminal case?
Is an indigent criminal defendant entitled to appointed defense counsel at government expense in every criminal case?211Under what circumstances may a court refer to a prior criminal conviction in enhancing a defendant’s current sentence?
Under what circumstances may a court refer to a prior criminal conviction in enhancing a defendant’s current sentence?212Under what circumstances does the Sixth Amendment guarantee a criminal defendant the right to be represented by an attorney of the defendant's choo...
Under what circumstances does the Sixth Amendment guarantee a criminal defendant the right to be represented by an attorney of the defendant's choosing?213Does a criminal defendant have a constitutional right to self-representation?
Does a criminal defendant have a constitutional right to self-representation?214Does the U.S. Constitution guarantee an indigent criminal defendant the right to appointed counsel on the first round of appeal from a criminal con...
Does the U.S. Constitution guarantee an indigent criminal defendant the right to appointed counsel on the first round of appeal from a criminal conviction?215Does the U.S. Constitution guarantee an indigent criminal defendant the right to appointed counsel in post-conviction collateral-review proceedings?
Does the U.S. Constitution guarantee an indigent criminal defendant the right to appointed counsel in post-conviction collateral-review proceedings?216If the constitutional right to counsel applies, does it guarantee criminal defendants the right to receive the effective assistance of counsel?
If the constitutional right to counsel applies, does it guarantee criminal defendants the right to receive the effective assistance of counsel?217Under what circumstances does the Due Process Clause guarantee an indigent criminal defendant a right to appointed counsel in a parole or probation...
Under what circumstances does the Due Process Clause guarantee an indigent criminal defendant a right to appointed counsel in a parole or probation-revocation hearing?218A criminal defendant was not a citizen of the United States. The defendant was indicted for a crime. The defendant has considered pleading guilty t...
A criminal defendant was not a citizen of the United States. The defendant was indicted for a crime. The defendant has considered pleading guilty to the crime. A conviction for the crime would likely get him deported from the United States. Assuming the Sixth Amendment right to counsel applies, does the defendant’s attorney have a constitutional obligation to advise him that pleading guilty to the crime could result in his deportation?219A criminal suspect was arrested for robbery. Soon after, the state’s criminal trial court conducted a preliminary hearing to determine whether ther...
A criminal suspect was arrested for robbery. Soon after, the state’s criminal trial court conducted a preliminary hearing to determine whether there was probable cause to proceed with formal charges against the suspect. The preliminary hearing was the suspect’s first court appearance regarding the robbery charge.Did the Sixth Amendment right to counsel apply at the preliminary hearing?220A defendant was formally charged with a crime. Law-enforcement officers sent an undercover informant to try to elicit incriminating information fro...
A defendant was formally charged with a crime. Law-enforcement officers sent an undercover informant to try to elicit incriminating information from the defendant about the crime. The informant never revealed that he was working for law enforcement, and the defendant never had an attorney present while interacting with the informant. Have the law-enforcement officers violated the defendant’s Sixth Amendment right to counsel?221A defendant was arrested for and formally charged with a crime; he remained in jail pending trial. Law-enforcement officers sent an undercover agen...
A defendant was arrested for and formally charged with a crime; he remained in jail pending trial. Law-enforcement officers sent an undercover agent into the defendant’s jail cell. They instructed the agent to pose as a fellow inmate and simply report back whatever the defendant might happen to say about the pending charges, without affirmatively seeking incriminating information. The agent complied.Have the law-enforcement officers violated the defendant’s Sixth Amendment right to counsel?222A defendant was arrested and charged with robbery; he remained in jail pending trial. Police also suspected the defendant of unrelated drug crimes....
A defendant was arrested and charged with robbery; he remained in jail pending trial. Police also suspected the defendant of unrelated drug crimes. The police sent an undercover agent to the defendant’s cell, with instructions to pose as an inmate and attempt to elicit information from the defendant solely about the drug crimes. The agent complied.Have the police violated the defendant’s Sixth Amendment right to counsel?223A defendant was charged with armed robbery, carrying a minimum sentence of 10 years. The prosecutor offered the defendant a chance to plead guilty ...
A defendant was charged with armed robbery, carrying a minimum sentence of 10 years. The prosecutor offered the defendant a chance to plead guilty to unarmed robbery. The defendant asked his attorney whether he should accept. The attorney said the defendant should accept, as unarmed robbery carried no minimum sentence. This statement was wrong; unarmed robbery carried a minimum one-year sentence. Based on the attorney's advice, the defendant pleaded guilty and received a one-year sentence. Upon learning of the attorney’s error, the defendant moved to revoke his guilty plea, claiming ineffective assistance of counsel during plea negotiations. The defendant would have rejected the guilty plea had he known of the one-year minimum sentence. Must the court vacate the guilty plea?224Police suspected a man and his friend of robbing a store. Based on surveillance video, police identified the man and arrested him. The man was char...
Police suspected a man and his friend of robbing a store. Based on surveillance video, police identified the man and arrested him. The man was charged with the robbery and released on bond. As the man left the courthouse, he saw the friend waiting for him. The friend asked whether the man hid the gun used in the robbery. The man responded that he did, unaware that on behalf of the police, the friend was wearing a secret recording device that captured his words. At the man’s trial for robbery, may the recording be introduced as evidence against the man, consistent with the Sixth Amendment?225A protest turned violent; the organizer was arrested and charged with inciting a riot. The organizer reached out to a free-speech attorney for assi...
A protest turned violent; the organizer was arrested and charged with inciting a riot. The organizer reached out to a free-speech attorney for assistance defending the charges. The attorney agreed to represent the organizer for free, as the organizer lacked money. At the first hearing in the case, the judge noted his policy to permit only attorneys who have handled criminal cases to represent criminal defendants in his court. When the attorney admitted she had never handled a criminal case, the judge informed the organizer that he would need a new attorney. As he could not afford one, the court appointed one from the public defender's office. The organizer appealed his eventual conviction, arguing that the judge denied him his right to be represented by counsel of his own choosing. Will the appeal succeed?226A criminal defendant was accused of drunk driving, a misdemeanor carrying a maximum penalty of either five months in jail or a fine of $2,000. When...
A criminal defendant was accused of drunk driving, a misdemeanor carrying a maximum penalty of either five months in jail or a fine of $2,000. When the defendant appeared in court, he told the judge that he did not have money to hire an attorney and thus wanted the court to appoint one to represent him. The judge declined to do so. The defendant was later convicted and assessed the maximum fine of $2,000, with no prison time. Assume the defendant was indigent.Was the defendant denied his Sixth Amendment right to appointed counsel?227A criminal suspect was participating in a lineup identification conducted after his indictment. Is the suspect entitled to the presence of an attor...
A criminal suspect was participating in a lineup identification conducted after his indictment. Is the suspect entitled to the presence of an attorney during the lineup?228A criminal suspect was participating in a lineup identification conducted immediately after his arrest. No formal charges had been filed against th...
A criminal suspect was participating in a lineup identification conducted immediately after his arrest. No formal charges had been filed against the defendant, and he had not yet made his first court appearance. Is the suspect entitled to the presence of an attorney during the lineup?229Shortly after an alleged bank robbery, police arrested a suspect near the scene, took him to the police station, and made him stand in a lineup. Be...
Shortly after an alleged bank robbery, police arrested a suspect near the scene, took him to the police station, and made him stand in a lineup. Before entering the lineup, the suspect asked for an attorney to be present during the procedure. The police denied his request. A bank teller who claimed to have witnessed the robbery entered the room and picked the suspect out of the line-up. The next morning, the suspect was brought to court and charged with bank robbery. Prior to trial, the suspect moved to suppress any evidence of the lineup procedure, on the ground that he was denied the right to have counsel present. Under the Sixth Amendment, should the defendant's motion be granted?230Does the U.S. Constitution afford a criminal defendant a right to plead guilty?
Does the U.S. Constitution afford a criminal defendant a right to plead guilty?231What is a plea bargain?
What is a plea bargain?232What requirements must a guilty plea in a criminal case meet to be constitutionally valid?
What requirements must a guilty plea in a criminal case meet to be constitutionally valid?233What is required for a guilty plea to be knowing and intelligent?
What is required for a guilty plea to be knowing and intelligent?234Under the U.S. Constitution, may a prosecutor threaten a criminal defendant with more severe charges if the defendant refuses to plead guilty?
Under the U.S. Constitution, may a prosecutor threaten a criminal defendant with more severe charges if the defendant refuses to plead guilty?235If the prosecution violates a plea agreement under which a defendant has pleaded guilty, what remedies are available to the defendant?
If the prosecution violates a plea agreement under which a defendant has pleaded guilty, what remedies are available to the defendant?236What is required for a guilty plea to become effective and bind the defendant?
What is required for a guilty plea to become effective and bind the defendant?237Does the U.S. Constitution afford criminal defendants a right to a trial by jury in every criminal case?
Does the U.S. Constitution afford criminal defendants a right to a trial by jury in every criminal case?238Does the U.S. Constitution require that a jury in a criminal case have 12 members?
Does the U.S. Constitution require that a jury in a criminal case have 12 members?239In a federal criminal case in which the Sixth Amendment affords the defendant a right to a jury trial, must the jury render a unanimous verdict to ...
In a federal criminal case in which the Sixth Amendment affords the defendant a right to a jury trial, must the jury render a unanimous verdict to convict the defendant?240Does the U.S. Constitution require that a jury in a state-court criminal trial render a unanimous verdict to convict the defendant?
Does the U.S. Constitution require that a jury in a state-court criminal trial render a unanimous verdict to convict the defendant?241In the context of jury selection, what is the fair-cross-section requirement?
In the context of jury selection, what is the fair-cross-section requirement?242If the defendant establishes that the pool of potential jurors did not represent a fair cross-section of the community, does this entitle the defen...
If the defendant establishes that the pool of potential jurors did not represent a fair cross-section of the community, does this entitle the defendant to a new trial?243In jury selection, what is a peremptory challenge?
In jury selection, what is a peremptory challenge?244What limitations does the U.S. Constitution impose on the use of peremptory challenges in a criminal case?
What limitations does the U.S. Constitution impose on the use of peremptory challenges in a criminal case?245Does the U.S. Constitution impose any restriction on a criminal defendant’s ability to exercise peremptory challenges in the course of jury selection?
Does the U.S. Constitution impose any restriction on a criminal defendant’s ability to exercise peremptory challenges in the course of jury selection?246A criminal defendant and a prosecutor entered into a plea agreement. The terms provided that the prosecutor would dismiss a pending charge of armed...
A criminal defendant and a prosecutor entered into a plea agreement. The terms provided that the prosecutor would dismiss a pending charge of armed robbery if the defendant would plead guilty to the lesser offense of unarmed robbery. The parties appeared in court the following day, and the prosecutor told the judge that the parties were there to enter a guilty plea. The defendant, however, had changed her mind and decided not to plead guilty. Her attorney conveyed this to the judge. The prosecutor then objected based on the signed plea agreement.May the defendant back out of the plea agreement and decline to plead guilty?247In a single trial, a criminal defendant was charged with four different misdemeanor offenses. Each offense carried a maximum penalty of five months...
In a single trial, a criminal defendant was charged with four different misdemeanor offenses. Each offense carried a maximum penalty of five months in prison. However, the sentences could run consecutively. Thus, the defendant faced a potential sentence of up to 20 months in prison if convicted of all four offenses. Was the defendant entitled to a trial by jury under the Sixth Amendment?248On the first day of jury selection in a criminal trial, the pool of potential jurors consisted entirely of women. The city of the trial relied on t...
On the first day of jury selection in a criminal trial, the pool of potential jurors consisted entirely of women. The city of the trial relied on the phone book and an internal directory of city employees to select potential jurors. The directory recorded people's addresses much more accurately than the phone book. Over 70 percent of city employees were women. So, more women were likely to be called for jury service than men on a given day, though an equal number of women and men in the city were eligible for jury service. Did the panel of potential jurors represent a fair cross section of the community?249On the first day of jury selection in a criminal trial, the pool of potential jurors consisted entirely of women. The city of the trial relied on t...
On the first day of jury selection in a criminal trial, the pool of potential jurors consisted entirely of women. The city of the trial relied on the phone book and an internal directory of city employees to select potential jurors. The directory recorded people's addresses much more accurately than the phone book. Over 70 percent of city employees were women. So, more women were likely to be called for jury service than men on a given day, though an equal number of women and men in the city were eligible for jury service. Did the panel of potential jurors represent a fair cross section of the community?250A criminal defendant noticed that, during jury selection, the prosecutor appeared to be using peremptory challenges to strike most members of the p...
A criminal defendant noticed that, during jury selection, the prosecutor appeared to be using peremptory challenges to strike most members of the potential jury pool belonging to a particular race. The defendant objected. The judge overruled the objection, holding that the defendant lacked standing to object to the peremptory challenges because the defendant was not a member of the excluded race. Was the judge correct that the defendant lacked standing to object to the prosecutor’s peremptory challenges?251What is the constitutional double-jeopardy doctrine?
What is the constitutional double-jeopardy doctrine?252Does the Fifth Amendment protection against double jeopardy apply against the state and local governments?
Does the Fifth Amendment protection against double jeopardy apply against the state and local governments?253What is the test to determine whether two criminal offenses count as the same offense under the Double Jeopardy Clause?
What is the test to determine whether two criminal offenses count as the same offense under the Double Jeopardy Clause?254Under what circumstances may multiple punishments be imposed in one prosecution for multiple charges that arise from the same facts and constitute ...
Under what circumstances may multiple punishments be imposed in one prosecution for multiple charges that arise from the same facts and constitute the same offense under the Blockburger test?255What is the dual-sovereignty doctrine?
What is the dual-sovereignty doctrine?256Does the dual-sovereignty doctrine apply if one sovereign effectively acts as the agent of another in consecutively prosecuting someone for a discr...
Does the dual-sovereignty doctrine apply if one sovereign effectively acts as the agent of another in consecutively prosecuting someone for a discrete offense?257When does jeopardy attach for purposes of the Fifth Amendment's Double Jeopardy Clause?
When does jeopardy attach for purposes of the Fifth Amendment's Double Jeopardy Clause?258Does an acquittal terminate jeopardy with respect to any offense of which the defendant was acquitted?
Does an acquittal terminate jeopardy with respect to any offense of which the defendant was acquitted?259If a defendant pleads guilty to an offense, does this terminate jeopardy with respect to the offense?
If a defendant pleads guilty to an offense, does this terminate jeopardy with respect to the offense?260For double-jeopardy purposes, what is reprosecution?
For double-jeopardy purposes, what is reprosecution?261What is the doctrine of continuing jeopardy?
What is the doctrine of continuing jeopardy?262Under what circumstances may the government appeal a judgment of acquittal under the Double Jeopardy Clause?
Under what circumstances may the government appeal a judgment of acquittal under the Double Jeopardy Clause?263A duly empaneled and sworn jury announced a verdict of acquittal in open court on some, but not all, charges presented at trial. The jury returned ...
A duly empaneled and sworn jury announced a verdict of acquittal in open court on some, but not all, charges presented at trial. The jury returned to the jury room to deliberate the other, unresolved charges. Does the Double Jeopardy Clause permit the jury revisit the verdict of acquittal during these deliberations?264A duly empaneled and sworn jury could not reach a verdict. The trial court declares a mistrial over the defendant’s objection.Does the Double Jeopa...
A duly empaneled and sworn jury could not reach a verdict. The trial court declares a mistrial over the defendant’s objection.Does the Double Jeopardy Clause permit the same sovereign to retry the defendant for the same offense?265Under what circumstances will a mistrial granted at the defendant's request bar a reprosecution under the Double Jeopardy Clause?
Under what circumstances will a mistrial granted at the defendant's request bar a reprosecution under the Double Jeopardy Clause?266Under what circumstances will a mistrial granted over the defendant's objection or without the defendant’s consent terminate jeopardy?
Under what circumstances will a mistrial granted over the defendant's objection or without the defendant’s consent terminate jeopardy?267Under what circumstances will a civil-enforcement action bar a subsequent criminal prosecution by the same sovereign for the same conduct?
Under what circumstances will a civil-enforcement action bar a subsequent criminal prosecution by the same sovereign for the same conduct?268Under what circumstances will a court-ordered dismissal of criminal charges terminate jeopardy?
Under what circumstances will a court-ordered dismissal of criminal charges terminate jeopardy?269Under the Double Jeopardy Clause, what is the collateral-estoppel test?
Under the Double Jeopardy Clause, what is the collateral-estoppel test?270An appellate court reverses a defendant's criminal conviction, on the ground that it was not supported by sufficient evidence. Under the Double Jeo...
An appellate court reverses a defendant's criminal conviction, on the ground that it was not supported by sufficient evidence. Under the Double Jeopardy Clause, can the defendant be reprosecuted for the same offense on remand?271A defendant was acquitted of grand larceny, defined by statute as "theft of any property worth more than $500." After trial, the jurors told the p...
A defendant was acquitted of grand larceny, defined by statute as "theft of any property worth more than $500." After trial, the jurors told the prosecutor that they unanimously concluded that the defendant had in fact stolen the property at issue. However, they voted to acquit because they were uncertain whether the property was worth more than $500. Based on the jury’s report, the prosecutor recharged the defendant, on the same facts, with simple theft, defined by statute as "the unlawful taking of any property of another." The defendant moved to dismiss the second prosecution as barred by the Double Jeopardy Clause. Should the motion be granted?272In a trial brought by a city’s district attorney, a defendant was acquitted of bank robbery. Later, both the attorney general for the state where t...
In a trial brought by a city’s district attorney, a defendant was acquitted of bank robbery. Later, both the attorney general for the state where the city was located and the U.S. Attorney for that state’s federal district reviewed the transcript. Each independently concluded that the city prosecutor botched what should have been an easy prosecution. Accordingly, each brought a separate proceeding to prosecute the defendant again for the same bank robbery. The defendant moved to dismiss both new cases under the Double Jeopardy Clause. Assume the offenses charged in all three cases are the same offense under the Blockburger test. Which of the defendant's motions to dismiss should be granted?273At the conclusion of a murder trial, the defendant moved for judgment of acquittal. He claimed that the undisputed evidence showed that he acted in...
At the conclusion of a murder trial, the defendant moved for judgment of acquittal. He claimed that the undisputed evidence showed that he acted in lawful self-defense, so the evidence was insufficient to support conviction. The trial court denied the motion, and the jury returned a guilty verdict. The defendant appealed, raising the same argument. The appellate court agreed, holding the evidence insufficient to support conviction, as the undisputed facts supported self-defense. Following the reversal, the prosecutor presented new evidence that undermined the self-defense claim and supported the guilty verdict. With that new evidence, the prosecutor sought to reprosecute the defendant for the same murder charge. The defendant moved to dismiss the second prosecution on double jeopardy grounds. Should the motion be granted?274After the jury was sworn in a robbery trial, the defendant discovered that the prosecutor had failed to disclose certain exculpatory evidence. The ...
After the jury was sworn in a robbery trial, the defendant discovered that the prosecutor had failed to disclose certain exculpatory evidence. The trial court concluded that withholding this evidence was intentional, egregious misconduct, and dismissed the case with prejudice. The government appealed, arguing that the sanction was too severe and seeking a new trial, at which the defendant could seek to introduce the evidence. The defendant moved to dismiss the appeal, contending that the trial court's dismissal terminated the initial trial’s jeopardy after it attached, barring any appeal or retrial under the Double Jeopardy Clause. Did the dismissal terminate jeopardy?275What is the constitutional prohibition against cruel and unusual punishments?
What is the constitutional prohibition against cruel and unusual punishments?276Does the constitutional prohibition against cruel and unusual punishments apply to the state and local governments?
Does the constitutional prohibition against cruel and unusual punishments apply to the state and local governments?277What factors do courts consider in determining whether the punishment is grossly disproportionate to the crime of conviction in non-capital cases?
What factors do courts consider in determining whether the punishment is grossly disproportionate to the crime of conviction in non-capital cases?278Is the death penalty categorically deemed to be cruel and unusual punishment in every instance?
Is the death penalty categorically deemed to be cruel and unusual punishment in every instance?279What factors does the U.S. Supreme Court generally consider to determine whether the death penalty would constitute cruel and unusual punishment in...
What factors does the U.S. Supreme Court generally consider to determine whether the death penalty would constitute cruel and unusual punishment in a discrete instance?280Can the death penalty be imposed for any type of rape not involving homicide, including child rape?
Can the death penalty be imposed for any type of rape not involving homicide, including child rape?281Can the death penalty be imposed upon a mentally challenged person?
Can the death penalty be imposed upon a mentally challenged person?282Can the death penalty be imposed upon a person who was under the age of 18 at the time of the offense?
Can the death penalty be imposed upon a person who was under the age of 18 at the time of the offense?283Can the death penalty be imposed upon a person who never killed anyone, attempted to kill anyone, or intended to kill anyone?
Can the death penalty be imposed upon a person who never killed anyone, attempted to kill anyone, or intended to kill anyone?284For what type of crime may a person under the age of 18 be sentenced to life imprisonment without the possibility of parole?
For what type of crime may a person under the age of 18 be sentenced to life imprisonment without the possibility of parole?285What is the constitutional prohibition against excessive fines?
What is the constitutional prohibition against excessive fines?286Does the constitutional prohibition against excessive fines apply to the state and local governments?
Does the constitutional prohibition against excessive fines apply to the state and local governments?287What standard of proof must be satisfied, with respect to every element of a criminal offense, to produce a constitutionally valid conviction?
What standard of proof must be satisfied, with respect to every element of a criminal offense, to produce a constitutionally valid conviction?288Under constitutional due-process principles, which party must bear the burden of proving the elements of a crime in a criminal trial?
Under constitutional due-process principles, which party must bear the burden of proving the elements of a crime in a criminal trial?289What is the difference between the burden of proof and the burden of persuasion?
What is the difference between the burden of proof and the burden of persuasion?290What are the five standards of proof in constitutional criminal procedure, from least demanding to most demanding?
What are the five standards of proof in constitutional criminal procedure, from least demanding to most demanding?291A state statute classified self-defense as an affirmative defense. It provided that in any criminal prosecution in which self-defense was an issue,...
A state statute classified self-defense as an affirmative defense. It provided that in any criminal prosecution in which self-defense was an issue, the defendant would bear the burden to prove that he or she acted in self-defense. Is this statute consistent with constitutional due process?292During a criminal trial, the defendant presented no evidence or witnesses. The prosecution, however, called five witnesses to testify in its main c...
During a criminal trial, the defendant presented no evidence or witnesses. The prosecution, however, called five witnesses to testify in its main case. At closing arguments, the prosecutor asked the jury to infer that the defendant was guilty, because he presented no evidence to the contrary, yet the prosecution presented multiple witnesses. The defendant objected but was overruled and later convicted. Did the prosecutor's closing argument violate the defendant’s constitutional due-process rights?293A jury deliberating in a criminal case sent a note to the judge asking how certain of guilt the jurors had to be before voting to convict. The judg...
A jury deliberating in a criminal case sent a note to the judge asking how certain of guilt the jurors had to be before voting to convict. The judge sent a written reply stating that the jurors had to conclude that the defendant's guilt was the most likely explanation of the set of facts proven at trial. Did the judge’s reply violate the defendant’s right to constitutional due process?294Does a criminal defendant have a constitutional right to appeal a conviction?
Does a criminal defendant have a constitutional right to appeal a conviction?295A trial judge incorrectly instructed a jury in a criminal case regarding the elements of the alleged offense. As a result, the empaneled jury retur...
A trial judge incorrectly instructed a jury in a criminal case regarding the elements of the alleged offense. As a result, the empaneled jury returned an erroneous verdict of acquittal.May the prosecutor appeal the acquittal?296In a criminal case, a trial judge incorrectly deemed certain essential incriminating evidence inadmissible as obtained in violation of the defendan...
In a criminal case, a trial judge incorrectly deemed certain essential incriminating evidence inadmissible as obtained in violation of the defendant’s Fourth Amendment rights. As a result, the case was dismissed.Does the Double Jeopardy Clause permit the prosecutor to appeal the incorrect evidentiary ruling?297What is harmless-error review?
What is harmless-error review?298If the trial court erroneously admits an involuntary confession, is the error subject to harmless-error review?
If the trial court erroneously admits an involuntary confession, is the error subject to harmless-error review?299If the trial court erroneously admits evidence obtained in violation of the Fourth Amendment, is the error subject to harmless-error review?
If the trial court erroneously admits evidence obtained in violation of the Fourth Amendment, is the error subject to harmless-error review?300In a criminal case, what is a structural error?
In a criminal case, what is a structural error?301Is the deprivation of the Sixth Amendment right to counsel subject to harmless-error review?
Is the deprivation of the Sixth Amendment right to counsel subject to harmless-error review?302Is the deprivation of the right to a public trial subject to harmless-error review?
Is the deprivation of the right to a public trial subject to harmless-error review?303If the trial judge incorrectly instructs the jury on the meaning of proof beyond a reasonable doubt or the issues on which the government bears the...
If the trial judge incorrectly instructs the jury on the meaning of proof beyond a reasonable doubt or the issues on which the government bears the burden of proof in a criminal case, is the error subject to harmless-error review?304In a criminal case, what is plain-error review?
In a criminal case, what is plain-error review?305A criminal defendant’s cousin, newly admitted to practice law, agreed to represent the defendant for free. The defendant faced serious felony charg...
A criminal defendant’s cousin, newly admitted to practice law, agreed to represent the defendant for free. The defendant faced serious felony charges. At a hearing, the cousin admitted to the judge that this would be his very first case. Hearing this, the judge refused to allow the cousin to handle the case. Instead, the judge appointed a nationally renowned expert on criminal law and procedure to handle the case. Assume this violated the defendant’s Sixth Amendment right to counsel. Though the expert provided much better representation than the cousin could have, the defendant was convicted.On appeal, must the defendant's conviction be reversed?306A defendant was accused of murdering a rival gang member in broad daylight in front of five witnesses. One witness followed the defendant to his ho...
A defendant was accused of murdering a rival gang member in broad daylight in front of five witnesses. One witness followed the defendant to his home, watched him enter, and told arriving police that he was inside. The defendant came outside, and the police arrested him. Violating the defendant’s Fourth Amendment rights, the police searched the home and found the murder weapon. Later, all five witnesses confidently identified the defendant as the murderer in a line-up, and the defendant confessed to the murder during interrogation. At trial, the judge erroneously admitted the weapon over the defendant’s Fourth Amendment objection. The judge correctly admitted the testimony of the five witnesses and the defendant's confession. Does the court’s error in admitting the murder weapon entitle the defendant to reversal of his conviction on appeal?307A criminal defendant was placed on trial for possessing a small amount of pot. During deliberations, the jurors sent the judge a note indicating th...
A criminal defendant was placed on trial for possessing a small amount of pot. During deliberations, the jurors sent the judge a note indicating that they believed the defendant was guilty but did not wish to convict him. Over the prosecutor's objection, the judge sent a reply stating that she would not convict, either, were she the jury. Assume this constituted gross judicial misconduct, in that it violated the judge’s duty to preside over the trial impartially. The judge denied the prosecutor’s request for a mistrial. Soon after, the jury returned an acquittal, which it would not have done without the judge’s note. May the government appeal the acquittal?