CLA/CP Criminal Law and Procedure Flashcards
6 cards from real CLA/CP Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CLA/CP Criminal Law and Procedure flashcards as text
What standard of proof is required for a criminal conviction in the United States?
Answer: Beyond a reasonable doubt
Criminal convictions require proof beyond a reasonable doubt, the highest evidentiary standard in American law.
Which constitutional amendment protects citizens against unreasonable searches and seizures?
Answer: Fourth Amendment
The Fourth Amendment prohibits unreasonable searches and seizures and requires warrants to be based on probable cause.
What did Miranda v. Arizona (1966) establish regarding custodial interrogations?
Answer: The requirement to inform suspects of their right to remain silent and to counsel
Miranda v. Arizona required police to inform suspects in custody of their Fifth and Sixth Amendment rights before interrogation.
What is the purpose of a grand jury in the criminal process?
Answer: To review evidence and decide whether probable cause exists to indict
A grand jury reviews evidence presented by the prosecution to determine whether probable cause supports formally charging the defendant.
What is the exclusionary rule in US criminal procedure?
Answer: A rule preventing illegally obtained evidence from being used at trial
The exclusionary rule, applied to the states through Mapp v. Ohio, bars evidence obtained through Fourth Amendment violations from trial.
What distinguishes murder from manslaughter under US criminal law?
Answer: Murder involves malice aforethought; manslaughter does not
Murder requires malice aforethought — an intent to kill or cause grievous harm — while manslaughter involves a killing without that premeditated malice.