CP Criminal Law and Procedure 2 — Questions and Answers
Question 1: What is the exclusionary rule in criminal procedure?
- A rule excluding certain witnesses
- A rule preventing illegally obtained evidence from being used at trial (Correct answer)
- A rule limiting charges in an indictment
- A rule excluding juvenile records
Correct answer: A rule preventing illegally obtained evidence from being used at trial
The exclusionary rule prohibits using evidence obtained through unconstitutional government conduct.
Established in Weeks v. United States (1914) and extended to states in Mapp v. Ohio (1961), the exclusionary rule bars evidence obtained in violation of the Fourth, Fifth, or Sixth Amendments. It includes the fruit of the poisonous tree doctrine. Exceptions include good faith (United States v. Leon), inevitable discovery, independent source, and attenuation.
Question 2: What are the Miranda rights and when must they be given?
- Rights read at arraignment
- Warnings about the right to remain silent and counsel that must be given before custodial interrogation (Correct answer)
- Rights during plea bargaining
- Protections during sentencing
Correct answer: Warnings about the right to remain silent and counsel that must be given before custodial interrogation
Miranda warnings must be given before custodial interrogation and include the right to silence, that statements may be used against them, and the right to counsel.
Miranda v. Arizona (1966) requires warnings before custodial interrogation: right to remain silent, statements can be used against them, right to an attorney, and right to appointed counsel if unable to afford one. Both custody and interrogation must be present to trigger Miranda.
Question 3: What is the difference between a felony and a misdemeanor?
- Felonies involve violence while misdemeanors do not
- Felonies carry potential imprisonment of more than one year while misdemeanors carry one year or less (Correct answer)
- Felonies are federal while misdemeanors are state
- No legal distinction
Correct answer: Felonies carry potential imprisonment of more than one year while misdemeanors carry one year or less
The primary distinction is punishment severity: felonies carry more than one year imprisonment.
Felonies are punishable by more than one year in state prison; misdemeanors by up to one year in county jail. Classification affects grand jury rights, jury trial rights, right to counsel, and collateral consequences like voting rights and firearm possession.
Question 4: What does double jeopardy protect against?
- Being charged with multiple crimes from one incident
- Being tried twice for the same offense after acquittal or conviction (Correct answer)
- Being sentenced to consecutive terms
- Being prosecuted in both state and federal court
Correct answer: Being tried twice for the same offense after acquittal or conviction
The Fifth Amendment protects against re-prosecution after acquittal, re-prosecution after conviction, and multiple punishments for the same offense.
The Double Jeopardy Clause provides three protections: against second prosecution after acquittal, after conviction, and against multiple punishments for the same offense. Under the separate sovereigns doctrine (Gamble v. United States, 2019), federal and state prosecutions for the same conduct are not double jeopardy.
Question 5: What is probable cause and when is it required?
- Absolute certainty, required for all police actions
- A reasonable belief based on facts that a crime has been committed, required for arrests and warrants (Correct answer)
- A suspicion required for stop-and-frisk
- Beyond a reasonable doubt, required before charges
Correct answer: A reasonable belief based on facts that a crime has been committed, required for arrests and warrants
Probable cause requires sufficient facts to lead a reasonable person to believe a crime has been committed, required for warrants and arrests.
Probable cause exists when sufficient facts warrant a reasonable person in believing a crime was committed (for arrest) or evidence will be found (for search). It is less demanding than preponderance of the evidence and is evaluated under the totality of circumstances (Illinois v. Gates, 1983).
Question 6: What is a plea bargain in criminal law?
- A defendant's opening statement
- A negotiated agreement where the defendant pleads guilty in exchange for concessions (Correct answer)
- A motion to reduce bail
- A request for bench trial
Correct answer: A negotiated agreement where the defendant pleads guilty in exchange for concessions
A plea bargain is an agreement where the defendant pleads guilty for a reduced charge, lesser sentence, or dismissal of other charges.
Plea bargaining involves charge bargaining (lesser charge), sentence bargaining (recommended sentence), and count bargaining (dismissing some charges). The Supreme Court recognized it as essential in Santobello v. New York (1971). Approximately 90-95% of criminal cases are resolved through plea agreements.
CP Criminal Law and Procedure 2
What is the exclusionary rule in criminal procedure?