Lawyer Criminal Law & Procedure 2

Question 1

What are Miranda rights and when must police deliver them?

Accepted Answer

Warnings of the right to silence and counsel required before custodial interrogation

Answer

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?

Accepted Answer

Evidence derived from an unconstitutional search or seizure is also inadmissible

Answer

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?

Accepted Answer

A group of citizens that determines whether probable cause exists to indict a defendant

Answer

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?

Accepted Answer

To determine whether probable cause exists to hold the defendant for trial

Answer

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?

Accepted Answer

Exculpatory evidence that is material to guilt or punishment

Answer

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.

Lawyer Practice Test

Lawyer Practice Test

Lawyer Criminal Law & Procedure 2