Criminal Procedure test with correct
answers
Does a person have the constitutional right to a jury that is a cross section of society? -
CORRECT ANSWERS-No, only that the jury pool be a cross-section.
How can police "break the chain" in poisonous tree analysis so that evidence can be
admitted?** - CORRECT ANSWERS-Three L's: independent source, inevitable
discovery, and intervening acts of free will.
how can the 5th amendment privileged against self incrimination be eliminated? -
CORRECT ANSWERS-(1) immunity, (2) no possibility of incimination (e.g. SoL has
run), (3) waiver.
How do lesser included offenses affect the double jeopardy limitation? - CORRECT
ANSWERS-"Once a defendant has been convicted of a lesser offense, cannot be
prosecuted for a greater offense that includes the lesser, and vice-versa. (Except
murder, if victim later dies.)"
How do the results of a search qualify for the exclusionary rule? - CORRECT
ANSWERS-The search violated the constitution or federal statute.
How may police remedy an identification technique that violates due process? -
CORRECT ANSWERS-Show they had an independent source of identification. (E.g.
witness had ample opportunity to observe the defendant.)
In what two situations do people sometimes have standing to challenge an illegal
search, and under what circumstances may they challenge it? - CORRECT ANSWERS-
(1) If you own the property being seized, you have standing if you have a reasonable
expectation of privcy in the item or area searched. (2) Passengers in a car have
standing if they own the car or property taken from the car.
Other than when they take effect, what is the major difference between the 5th and 6th
Amendment rights to an attorney? - CORRECT ANSWERS-The 6th Amendment right to
an attorney is offense specific, 5th is not.
, What are the exceptions to the warrant requirement?** - CORRECT ANSWERS-(1)
search incident to lawful arrest; (2) automobile exception; (3) Plain view; (4) consent; (5)
stop and frisk; (6) evanescent evidence and hot pursuit.
What are the general constitutional limitations on capital punishment? - CORRECT
ANSWERS-(1) death penalty statutes must give defendant chance to present mitigating
facts, (2) there can be no category of crime that automatically results in the death
penalty; (3) the satte may not limit relevant mitigating factors or evidence that can be
presented, (4) only a jury may determine what aggravating factors.
What are the limitations on the search incident to arrest exception to the warrant
requirement? - CORRECT ANSWERS-(1) arrest must be lawful; (2) search must be
contemporaneous in time and place with arrest; (3a) search may only extend to areas
where suspect can reach to procure a weapon or destroy evidence ("wingspan"); (3b)
When a person is arrested in their car "wingspan" includes the entire passenger
compartment."
What are the two substantive bases on which someone may attack a pretrial
identification technique? - CORRECT ANSWERS-(1) Denial of right of counsel, (2)
Denial of due process.
What categories of people automatically have standing to challenge an illegal search? -
CORRECT ANSWERS-(1) owner of the premises searched, (2) someone who lives on
the premises searched, (3) invited overnight guests
What exceptions to the prohibition on double jeopardy exist? - CORRECT ANSWERS-
(1) hung jury; (2) mistrials for manifest necessity; (3) retrial after a successful appeal; (4)
defendant breaches plea bargain.
What is required for a facially valid search warrant? - CORRECT ANSWERS-2 P's:
Probable cause and particularity.
What is required for a waiver of one's Miranda rights to be effective? - CORRECT
ANSWERS-Waiver must be knowing, voluntary, an intelligent.
What is required for police to make an arrest andcompel detention and interrogation at
the police station? - CORRECT ANSWERS-Probable clause and, rarely, a warrant.
What is required for the consent exception to the warrant requirement? - CORRECT
ANSWERS-Consent must be voluntary and intelligent.
What is the "fruit of the poisonous tree" doctrine? - CORRECT ANSWERS-Defendant
may exclude all evidence obtained through police illegality.
What is the automobile exception to the warrant requirement? - CORRECT ANSWERS-
If police have probable cause to search anyone or anything in the vehicle, they may
answers
Does a person have the constitutional right to a jury that is a cross section of society? -
CORRECT ANSWERS-No, only that the jury pool be a cross-section.
How can police "break the chain" in poisonous tree analysis so that evidence can be
admitted?** - CORRECT ANSWERS-Three L's: independent source, inevitable
discovery, and intervening acts of free will.
how can the 5th amendment privileged against self incrimination be eliminated? -
CORRECT ANSWERS-(1) immunity, (2) no possibility of incimination (e.g. SoL has
run), (3) waiver.
How do lesser included offenses affect the double jeopardy limitation? - CORRECT
ANSWERS-"Once a defendant has been convicted of a lesser offense, cannot be
prosecuted for a greater offense that includes the lesser, and vice-versa. (Except
murder, if victim later dies.)"
How do the results of a search qualify for the exclusionary rule? - CORRECT
ANSWERS-The search violated the constitution or federal statute.
How may police remedy an identification technique that violates due process? -
CORRECT ANSWERS-Show they had an independent source of identification. (E.g.
witness had ample opportunity to observe the defendant.)
In what two situations do people sometimes have standing to challenge an illegal
search, and under what circumstances may they challenge it? - CORRECT ANSWERS-
(1) If you own the property being seized, you have standing if you have a reasonable
expectation of privcy in the item or area searched. (2) Passengers in a car have
standing if they own the car or property taken from the car.
Other than when they take effect, what is the major difference between the 5th and 6th
Amendment rights to an attorney? - CORRECT ANSWERS-The 6th Amendment right to
an attorney is offense specific, 5th is not.
, What are the exceptions to the warrant requirement?** - CORRECT ANSWERS-(1)
search incident to lawful arrest; (2) automobile exception; (3) Plain view; (4) consent; (5)
stop and frisk; (6) evanescent evidence and hot pursuit.
What are the general constitutional limitations on capital punishment? - CORRECT
ANSWERS-(1) death penalty statutes must give defendant chance to present mitigating
facts, (2) there can be no category of crime that automatically results in the death
penalty; (3) the satte may not limit relevant mitigating factors or evidence that can be
presented, (4) only a jury may determine what aggravating factors.
What are the limitations on the search incident to arrest exception to the warrant
requirement? - CORRECT ANSWERS-(1) arrest must be lawful; (2) search must be
contemporaneous in time and place with arrest; (3a) search may only extend to areas
where suspect can reach to procure a weapon or destroy evidence ("wingspan"); (3b)
When a person is arrested in their car "wingspan" includes the entire passenger
compartment."
What are the two substantive bases on which someone may attack a pretrial
identification technique? - CORRECT ANSWERS-(1) Denial of right of counsel, (2)
Denial of due process.
What categories of people automatically have standing to challenge an illegal search? -
CORRECT ANSWERS-(1) owner of the premises searched, (2) someone who lives on
the premises searched, (3) invited overnight guests
What exceptions to the prohibition on double jeopardy exist? - CORRECT ANSWERS-
(1) hung jury; (2) mistrials for manifest necessity; (3) retrial after a successful appeal; (4)
defendant breaches plea bargain.
What is required for a facially valid search warrant? - CORRECT ANSWERS-2 P's:
Probable cause and particularity.
What is required for a waiver of one's Miranda rights to be effective? - CORRECT
ANSWERS-Waiver must be knowing, voluntary, an intelligent.
What is required for police to make an arrest andcompel detention and interrogation at
the police station? - CORRECT ANSWERS-Probable clause and, rarely, a warrant.
What is required for the consent exception to the warrant requirement? - CORRECT
ANSWERS-Consent must be voluntary and intelligent.
What is the "fruit of the poisonous tree" doctrine? - CORRECT ANSWERS-Defendant
may exclude all evidence obtained through police illegality.
What is the automobile exception to the warrant requirement? - CORRECT ANSWERS-
If police have probable cause to search anyone or anything in the vehicle, they may
