Attorney Criminal Law Attorney 2

Question 1

What is plea bargaining in the US criminal system?

Accepted Answer

An agreement between the prosecutor and defendant where the defendant pleads guilty in exchange for a reduced charge or lighter sentence

Answer

Plea bargaining is a negotiated agreement in which a defendant pleads guilty, typically to a lesser charge or in exchange for a recommended sentence, resolving the case without trial.

Question 2

Under the Sixth Amendment, what right do criminal defendants have regarding counsel?

Accepted Answer

The right to appointed counsel if they cannot afford one in prosecutions that could result in imprisonment

Answer

The Sixth Amendment guarantees the right to counsel, and under Gideon v. Wainwright, states must provide appointed attorneys to indigent defendants in criminal cases that could result in imprisonment.

Question 3

What is double jeopardy and what does it prohibit?

Accepted Answer

Being tried or punished twice for the same offense after acquittal or conviction

Answer

The Fifth Amendment's Double Jeopardy Clause prohibits the government from prosecuting or punishing a defendant twice for the same offense after an acquittal or conviction.

Question 4

What is the exclusionary rule in criminal procedure?

Accepted Answer

A doctrine preventing illegally obtained evidence from being used at trial

Answer

The exclusionary rule, derived from the Fourth Amendment, prevents the prosecution from using evidence obtained through unconstitutional searches or seizures at trial.

Question 5

What is the 'fruit of the poisonous tree' doctrine?

Accepted Answer

A doctrine that extends the exclusionary rule to evidence derived from an initial illegal search or seizure

Answer

The 'fruit of the poisonous tree' doctrine excludes not only directly obtained illegal evidence but also any secondary evidence discovered as a result of the initial constitutional violation.

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Attorney Criminal Law Attorney 2