Criminal Law and Procedure Flashcards
6 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Criminal Law and Procedure flashcards as text
What is the exclusionary rule in criminal procedure?
Answer: A rule preventing illegally obtained evidence from being used at trial
The exclusionary rule prohibits using evidence obtained through unconstitutional government conduct.
What are the Miranda rights and when must they be given?
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.
What is the difference between a felony and a misdemeanor?
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.
What does double jeopardy protect against?
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.
What is probable cause and when is it required?
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.
What is a plea bargain in criminal law?
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.