CP Criminal Law and Procedure 2

Question 1

What is the exclusionary rule in criminal procedure?

Accepted Answer

A rule preventing illegally obtained evidence from being used at trial

Answer

A rule excluding certain witnesses

Answer

A rule limiting charges in an indictment

Answer

A rule excluding juvenile records

Question 2

What are the Miranda rights and when must they be given?

Accepted Answer

Warnings about the right to remain silent and counsel that must be given before custodial interrogation

Answer

Rights read at arraignment

Answer

Rights during plea bargaining

Answer

Protections during sentencing

Question 3

What is the difference between a felony and a misdemeanor?

Accepted Answer

Felonies carry potential imprisonment of more than one year while misdemeanors carry one year or less

Answer

Felonies involve violence while misdemeanors do not

Answer

Felonies are federal while misdemeanors are state

Answer

No legal distinction

Question 4

What does double jeopardy protect against?

Accepted Answer

Being tried twice for the same offense after acquittal or conviction

Answer

Being charged with multiple crimes from one incident

Answer

Being sentenced to consecutive terms

Answer

Being prosecuted in both state and federal court

Question 5

What is probable cause and when is it required?

Accepted Answer

A reasonable belief based on facts that a crime has been committed, required for arrests and warrants

Answer

Absolute certainty, required for all police actions

Answer

A suspicion required for stop-and-frisk

Answer

Beyond a reasonable doubt, required before charges

Question 6

What is a plea bargain in criminal law?

Accepted Answer

A negotiated agreement where the defendant pleads guilty in exchange for concessions

Answer

A defendant's opening statement

Answer

A motion to reduce bail

Answer

A request for bench trial