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

The exclusionary rule prohibits using evidence obtained through unconstitutional government conduct.

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

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.

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

The primary distinction is punishment severity: felonies carry more than one year imprisonment.

Question 4

What does double jeopardy protect against?

Accepted Answer

Being tried twice for the same offense after acquittal or conviction

Answer

The Fifth Amendment protects against re-prosecution after acquittal, re-prosecution after conviction, and multiple punishments for the same offense.

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

Probable cause requires sufficient facts to lead a reasonable person to believe a crime has been committed, required for warrants and arrests.

(CP) NALA Certified Paralegal Practice Test

(CP) NALA Certified Paralegal Practice Test

CP Criminal Law and Procedure 2