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1May 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?
3Will 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?
5Is 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?
7What 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?
9What is the Fourth Amendment exclusionary rule?
10Do 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?
12Under 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?
14What is the reasonable-expectation-of-privacy test?
15What 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?
17Under 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?
19Law-enforcement officers suspected a homeowner of running an illegal casino from her basement. The homeowner regularly placed her garbage at the cu...
20Under 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?
22Does 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?
24For 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?
26For purposes of the Fourth Amendment, what is an open field?
27What is the open-fields doctrine?
28What 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?
30Under 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?
32In 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?
34For Fourth Amendment purposes, what is the seizure of property?
35For 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?
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 ...
38What is a warrant?
39What four general requirements must a warrant satisfy to be valid under the Fourth Amendment?
40Under the Fourth Amendment, what is the warrant requirement?
41What is probable cause?
42For 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?
44What is an anticipatory search warrant?
45Must probable cause exist when a warrant is executed?
46For purposes of the warrant requirement, who is a magistrate?
47What 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?
49For 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?
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...
52Are 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 ...
54Under what circumstances will information obtained from a confidential informant be deemed sufficiently reliable to support a probable-cause determ...
55What factors do courts consider to determine whether evidence supporting probable cause is sufficiently current to be reliable?
56What is the particularity requirement for warrants?
57What 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?
59What 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?
61Within 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?
63If 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?
65What is the knock-and-announce rule?
66Under 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?
68What is the plain-view doctrine?
69Under 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?
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...
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 ...
73If 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?
75In general, what is the search-incident-to-arrest doctrine?
76May 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?
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...
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?
80What 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?
82If police lawfully arrest someone who occupies or recently occupied a nearby automobile, what is the permissible search area of a search incident t...
83Can a person’s presence in a high-crime area, standing alone, establish either reasonable suspicion or probable cause that the person has committed...
84Can a person’s history of criminal activity, standing alone, establish either reasonable suspicion or probable cause that the person has committed ...
85For purposes of the Fourth Amendment, what is the good-faith exception?
86Does 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...
88What 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...
90For 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?
92During a lawful Terry stop, may a police officer ask the subject questions?
93In 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?
95May 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?
97Without 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?
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...
100What 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?
102What is the hot-pursuit doctrine?
103Do 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?
105Under 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?
107Police officers suspected that drug dealers were distributing drugs from a house. Without a warrant, the officers went to the house and began pound...
108What 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...
110Can 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?
112Under 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?
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...
115Are the subject’s mental and other characteristics a factor courts consider when evaluating whether consent to police conduct is voluntary for Four...
116Who 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...
118May 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...
120In the context of administrative inspections of commercial premises, what is required for the regulatory scheme to provide a constitutionally adequ...
121What 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?
123What is an inventory search?
124May 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...
126In general, what are the special-needs exceptions to the warrant requirement?
127May 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?
129Without 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...
131Without a warrant or individualized suspicion, may police set up fixed checkpoints at which all motorists are briefly stopped and asked questions c...
132Without a warrant or individualized suspicion, may immigration officials set up fixed checkpoints at or near the border to briefly stop vehicles an...
133What, at minimum, is required for immigration officials on roving border patrol to stop a vehicle to question occupants about immigration status an...
134Under 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?
136Without a warrant or individualized suspicion, may public-school officials subject students participating in extracurricular activities to random u...
137Does 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?
139What 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?
141What is the derivative-evidence doctrine?
142Does 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?
144In what proceedings does the Fourth Amendment exclusionary rule apply?
145What is the independent-source rule?
146What 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 ...
148Does 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?
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...
151To 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?
153What 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?
155If a person subjected to custodial interrogation has invoked the Miranda right to remain silent, what must the officers conducting the interrogatio...
156If 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...
158A police officer took a burglary suspect into custody and brought him to the stationhouse for interrogation. The suspect, after being advised of hi...
159Police took a burglary suspect into custody and brought him to the stationhouse for interrogation. After receiving Miranda warnings, the suspect in...
160A detective took a burglary suspect into custody, brought him to the stationhouse for interrogation, and advised him of his Miranda rights. The sus...
161Police took a burglary suspect into custody and brought him to the stationhouse for interrogation. After receiving Miranda warnings, the suspect in...
162Does the Miranda exclusionary rule apply to physical evidence?
163What is the public-safety exception to the Miranda rule?
164What 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?
166In 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?
168If police coerce a suspect into making a self-incriminating statement, is the statement admissible against the suspect at a criminal trial as subst...
169If police coerce a suspect into making a self-incriminating statement, is the statement admissible at a criminal trial against the suspect to impea...
170If police coerce an incriminating statement from a suspect, are any physical fruits of the statement admissible at a criminal trial against the sus...
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 ...
172For 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?
174What three factors do courts generally consider in determining whether coercive police conduct actually overbore a suspect’s will and caused the su...
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...
176Does 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?
178If 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...
180Does 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...
182What 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?
184Under what circumstances is a communication generally incriminating, for purposes of the privilege against compulsory self-incrimination?
185What is use-and-derivative-use immunity?
186For 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?
188If 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...
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...
191Can an out-of-court identification of a criminal defendant be suppressed as unduly suggestive under the Due Process Clause if the identification wa...
192Could evidence of a pretrial identification procedure by law enforcement be admissible even if the procedure producing it was unnecessarily suggest...
193If law-enforcement officers employ an unnecessarily suggestive identification process, what principal factors will a court consider when determinin...
194In general, if a witness’s pretrial identification of a defendant as the perpetrator is inadmissible on due-process grounds, may the witness identi...
195Could evidence of a pretrial identification procedure by law enforcement be admissible even if it is so suggestive as to undermine the reliability ...
196Is 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 ...
198Before trial, a witness identified the defendant as the perpetrator. At trial, the court ruled the identification constitutionally invalid, on the ...
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...
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...
201While investigating a robbery, a detective had a hunch that the perpetrator was a suspect whom he had encountered while investigating unrelated cri...
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...
203Does 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?
205In 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?
207Once the Sixth Amendment right to counsel has attached with respect to an offense, under what circumstances may police actively and deliberately se...
208Is 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?
210Is 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?
212Under what circumstances does the Sixth Amendment guarantee a criminal defendant the right to be represented by an attorney of the defendant's choo...
213Does 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...
215Does 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?
217Under what circumstances does the Due Process Clause guarantee an indigent criminal defendant a right to appointed counsel in a parole or probation...
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...
219A criminal suspect was arrested for robbery. Soon after, the state’s criminal trial court conducted a preliminary hearing to determine whether ther...
220A defendant was formally charged with a crime. Law-enforcement officers sent an undercover informant to try to elicit incriminating information fro...
221A defendant was arrested for and formally charged with a crime; he remained in jail pending trial. Law-enforcement officers sent an undercover agen...
222A defendant was arrested and charged with robbery; he remained in jail pending trial. Police also suspected the defendant of unrelated drug crimes....
223A defendant was charged with armed robbery, carrying a minimum sentence of 10 years. The prosecutor offered the defendant a chance to plead guilty ...
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...
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...
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...
227A criminal suspect was participating in a lineup identification conducted after his indictment. Is the suspect entitled to the presence of an attor...
228A criminal suspect was participating in a lineup identification conducted immediately after his arrest. No formal charges had been filed against th...
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...
230Does the U.S. Constitution afford a criminal defendant a right to plead guilty?
231What is a plea bargain?
232What 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?
234Under 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?
236What 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?
238Does 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 ...
240Does 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?
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...
243In 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?
245Does 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...
247In a single trial, a criminal defendant was charged with four different misdemeanor offenses. Each offense carried a maximum penalty of five months...
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...
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...
250A criminal defendant noticed that, during jury selection, the prosecutor appeared to be using peremptory challenges to strike most members of the p...
251What is the constitutional double-jeopardy doctrine?
252Does 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?
254Under what circumstances may multiple punishments be imposed in one prosecution for multiple charges that arise from the same facts and constitute ...
255What 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...
257When 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?
259If a defendant pleads guilty to an offense, does this terminate jeopardy with respect to the offense?
260For double-jeopardy purposes, what is reprosecution?
261What is the doctrine of continuing jeopardy?
262Under 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 ...
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...
265Under 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?
267Under 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?
269Under 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...
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...
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...
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...
274After the jury was sworn in a robbery trial, the defendant discovered that the prosecutor had failed to disclose certain exculpatory evidence. The ...
275What 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?
277What 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?
279What factors does the U.S. Supreme Court generally consider to determine whether the death penalty would constitute cruel and unusual punishment in...
280Can 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?
282Can 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?
284For 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?
286Does 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?
288Under 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?
290What 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,...
292During a criminal trial, the defendant presented no evidence or witnesses. The prosecution, however, called five witnesses to testify in its main c...
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...
294Does 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...
296In a criminal case, a trial judge incorrectly deemed certain essential incriminating evidence inadmissible as obtained in violation of the defendan...
297What is harmless-error review?
298If 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?
300In a criminal case, what is a structural error?
301Is 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?
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...
304In 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...
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...
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...
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