CRIMINAL PROCEDURE: ADJUDICATION QUESTIONS AND
CORRECT DETAILED ANSWERS (VERIFIED ANSWERS)
ALREADY GRADED A+
Duncan v. Louisiana Ans✓✓✓The 14th Amendment guarantees a right
of jury trial in all criminal cases which, were they to be tried in a federal
court, would come within the Sixth Amendment's guarantee.
Stack v. Boyle Ans✓✓✓Bail is excessive where it is much higher than
usually imposed for offenses with simalr penalties and there is no factual
showing to justify it. Petitioners can move for reduction of bail.
Bail Reform Act of 1984 Ans✓✓✓Federal legislation that provides for
both greater emphasis on release on recognizance for non-dangerous
offenders and preventive detention for those who present a menace to
the community
US v. Salerno Ans✓✓✓The Bail Reform Act is constitutional. The
detention imposed by it is regulatory, not punishment, and it has a
legitimate and compelling regulatory prupose and offers procedural
protections.
Fed R Crim P 5 Ans✓✓✓Initial appearance - (a)(1) upon arrest, D must
be taken before judge w/o unnecessary delay; (3) upon summons; (b)
without a warrant; (d) In a felony case (2) judge must allow D to consult
w/ counsel
, Fed R Crim P 5.1 Ans✓✓✓Preliminary hearing - (a) If D charged w/
offense other than petty offense, magistrate judge must conduct unless D
waives, D is indicted, gov't files information under 7(b), etc.
US v. Armstrong Ans✓✓✓A federal criminal making a selective-
prosecution claim must show that the Government's prosecutorial policy
is motivated by a discriminatory purpose, and that similarly situated
individuals of a different race were not prosecuted.
Blackledge v. Perry Ans✓✓✓Where D invokes right to trial de novo
after being convicted but the prosecutor then charges him with an
equivalent felony, the potential for prosecutorial vindictiveness makes
more severe charges a violation of D's due process rights.
Coleman v. Alabama Ans✓✓✓Unless D is represented, state is
prohibited from using evidence obtained at the preliminary hearing.
Hoffman v. US Ans✓✓✓A witness who refuses to answer the
prosecutor's questions at a grand jury proceeding for fear of self-
incrimination need not explain why he can't answer the questions.
U.S. v. Hubbell Ans✓✓✓Production is a testimonial act
US v. Williams Ans✓✓✓A district court cannot dismiss an otherwise
valid indictment where the Government fails to disclose substantial
exculpatory evidence to the grand jury.
CORRECT DETAILED ANSWERS (VERIFIED ANSWERS)
ALREADY GRADED A+
Duncan v. Louisiana Ans✓✓✓The 14th Amendment guarantees a right
of jury trial in all criminal cases which, were they to be tried in a federal
court, would come within the Sixth Amendment's guarantee.
Stack v. Boyle Ans✓✓✓Bail is excessive where it is much higher than
usually imposed for offenses with simalr penalties and there is no factual
showing to justify it. Petitioners can move for reduction of bail.
Bail Reform Act of 1984 Ans✓✓✓Federal legislation that provides for
both greater emphasis on release on recognizance for non-dangerous
offenders and preventive detention for those who present a menace to
the community
US v. Salerno Ans✓✓✓The Bail Reform Act is constitutional. The
detention imposed by it is regulatory, not punishment, and it has a
legitimate and compelling regulatory prupose and offers procedural
protections.
Fed R Crim P 5 Ans✓✓✓Initial appearance - (a)(1) upon arrest, D must
be taken before judge w/o unnecessary delay; (3) upon summons; (b)
without a warrant; (d) In a felony case (2) judge must allow D to consult
w/ counsel
, Fed R Crim P 5.1 Ans✓✓✓Preliminary hearing - (a) If D charged w/
offense other than petty offense, magistrate judge must conduct unless D
waives, D is indicted, gov't files information under 7(b), etc.
US v. Armstrong Ans✓✓✓A federal criminal making a selective-
prosecution claim must show that the Government's prosecutorial policy
is motivated by a discriminatory purpose, and that similarly situated
individuals of a different race were not prosecuted.
Blackledge v. Perry Ans✓✓✓Where D invokes right to trial de novo
after being convicted but the prosecutor then charges him with an
equivalent felony, the potential for prosecutorial vindictiveness makes
more severe charges a violation of D's due process rights.
Coleman v. Alabama Ans✓✓✓Unless D is represented, state is
prohibited from using evidence obtained at the preliminary hearing.
Hoffman v. US Ans✓✓✓A witness who refuses to answer the
prosecutor's questions at a grand jury proceeding for fear of self-
incrimination need not explain why he can't answer the questions.
U.S. v. Hubbell Ans✓✓✓Production is a testimonial act
US v. Williams Ans✓✓✓A district court cannot dismiss an otherwise
valid indictment where the Government fails to disclose substantial
exculpatory evidence to the grand jury.
