GA Bar Criminal Procedure 3

Question 1

For Miranda purposes, 'custody' exists when:

Accepted Answer

A reasonable person in the suspect's position would not feel free to terminate the encounter and leave

Answer

Miranda custody is measured by an objective standard: whether a reasonable person in the suspect's circumstances would feel free to end the interrogation and leave.

Question 2

After a suspect unambiguously invokes the right to counsel during custodial interrogation:

Accepted Answer

All interrogation must cease until counsel is present or the suspect voluntarily reinitiates communication

Answer

Once a suspect clearly invokes the right to counsel, all interrogation must stop until an attorney is present or the suspect voluntarily reinitiates communication.

Question 3

The public safety exception recognized in New York v. Quarles permits officers to question a suspect without Miranda warnings when:

Accepted Answer

There is an immediate, objectively reasonable need to protect the public from danger

Answer

Quarles established that Miranda warnings may be deferred when there is an immediate and objectively reasonable threat to public safety requiring urgent questioning.

Question 4

In a jury trial, the Double Jeopardy Clause attaches at what point?

Accepted Answer

When the jury is empaneled and sworn

Answer

In a jury trial, jeopardy attaches when the jury is empaneled and sworn; in a bench trial, jeopardy attaches when the first witness is sworn.

Question 5

A witness subpoenaed to testify before a grand jury may invoke the Fifth Amendment to:

Accepted Answer

Refuse to answer questions whose answers would tend to incriminate the witness

Answer

A grand jury witness must appear when subpoenaed but may invoke the Fifth Amendment privilege to refuse answers to specific questions that would be self-incriminating.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Criminal Procedure 3