Lawyer Criminal Law & Procedure 2 — Questions and Answers
Question 1: What are Miranda rights and when must police deliver them?
- Warnings of the right to silence and counsel required before custodial interrogation (Correct answer)
- Rights read to all people upon arrest in every situation
- Rights that must be posted in all police stations
- Warnings required before any police interview of a witness
Correct answer: Warnings of the right to silence and counsel required before custodial interrogation
Miranda warnings are required before questioning only when a suspect is in custody and subject to interrogation, as established in Miranda v. Arizona (1966).
Question 2: Under the 4th Amendment, what is the 'fruit of the poisonous tree' doctrine?
- Evidence derived from an unconstitutional search or seizure is also inadmissible (Correct answer)
- Witnesses identified through illegal methods may not testify
- Any evidence touched by a suspect during an illegal search is excluded
- Confessions obtained after illegal arrests are always excluded
Correct answer: Evidence derived from an unconstitutional search or seizure is also inadmissible
The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to derivative evidence — anything discovered as a result of an illegal search is also suppressed.
Question 3: What is a 'grand jury' and what is its role in federal criminal procedure?
- A group of citizens that determines whether probable cause exists to indict a defendant (Correct answer)
- A jury that hears serious cases and decides guilt or innocence
- A panel of judges that reviews indictments for legal sufficiency
- An administrative body that reviews police conduct before charges are filed
Correct answer: A group of citizens that determines whether probable cause exists to indict a defendant
A grand jury is a group of 16–23 citizens that reviews evidence presented by the prosecution to determine whether probable cause exists to formally charge a defendant.
Question 4: What is the purpose of the preliminary hearing in criminal procedure?
- To determine whether probable cause exists to hold the defendant for trial (Correct answer)
- To allow the defendant to enter a plea of guilty or not guilty
- To give both sides an opportunity to present all of their evidence
- To allow the judge to set bail and review the indictment
Correct answer: To determine whether probable cause exists to hold the defendant for trial
A preliminary hearing is a judicial proceeding where a judge independently evaluates whether probable cause supports the charges against the defendant.
Question 5: Under Brady v. Maryland, what material must prosecutors disclose to the defense?
- Exculpatory evidence that is material to guilt or punishment (Correct answer)
- All evidence in the prosecution's possession before trial
- Only evidence that would result in an acquittal if disclosed
- The identities of all informants used in the investigation
Correct answer: Exculpatory evidence that is material to guilt or punishment
Brady v. Maryland requires prosecutors to disclose any evidence favorable to the defendant that is material to guilt or punishment, regardless of good or bad faith.
Question 6: What does 'plea bargaining' involve and why is it constitutionally significant?
- A negotiated agreement where a defendant pleads guilty in exchange for concessions, waiving constitutional trial rights (Correct answer)
- A hearing where the judge determines the appropriate sentence
- An agreement between opposing lawyers to resolve evidentiary disputes
- A process where the jury negotiates a lesser verdict with the judge
Correct answer: A negotiated agreement where a defendant pleads guilty in exchange for concessions, waiving constitutional trial rights
Plea bargaining resolves over 90% of criminal cases and is constitutional only when the defendant knowingly and voluntarily waives their trial rights, with effective assistance of counsel.
Lawyer Criminal Law & Procedure 2
What are Miranda rights and when must police deliver them?