Criminal Law and Procedure Flashcards
7 cards from real MCOLES practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law and Procedure flashcards as text
Under the Fifth Amendment's Double Jeopardy Clause, when does jeopardy attach in a jury trial?
Answer: When the jury is sworn in
In jury trials, jeopardy attaches when the jury is sworn in, which is the point at which Double Jeopardy protections begin.
Which scenario best describes the 'inevitable discovery' exception to the exclusionary rule?
Answer: Illegally obtained evidence is admissible if it would have been discovered through lawful means
The inevitable discovery doctrine allows admission of illegally obtained evidence if the prosecution can show it would have been inevitably discovered through independent lawful means.
A Michigan officer wishes to conduct a 'pat-down' frisk during a Terry stop. What is the legal justification required?
Answer: Reasonable belief that the person is armed and dangerous
Terry v. Ohio permits a pat-down frisk only when the officer has reasonable articulable belief that the person may be armed and presently dangerous.
Under Michigan law, what mental state (mens rea) distinguishes voluntary manslaughter from second-degree murder?
Answer: Manslaughter involves killing in the heat of passion with adequate provocation, negating malice
Voluntary manslaughter occurs when adequate provocation causes sudden heat of passion that would cause a reasonable person to lose self-control, negating the malice required for murder.
What is required for a valid warrantless entry under the 'exigent circumstances' exception?
Answer: Emergency conditions such as imminent threat to life, hot pursuit, or destruction of evidence
Exigent circumstances justify warrantless entry only for genuine emergencies: imminent threats to life or safety, hot pursuit of a fleeing felon, or prevention of imminent evidence destruction.
Under Michigan's felony murder rule, which statement is accurate?
Answer: A person who commits or assists in specified felonies is liable for murder if a death results during the felony
Michigan's felony murder rule holds all participants in specified felonies (robbery, arson, rape, etc.) liable for first-degree murder if a death results during the commission of the felony.
What is the 'fruit of the poisonous tree' doctrine?
Answer: Evidence derived from an initial illegal search or seizure is also inadmissible
The fruit of the poisonous tree doctrine excludes not only evidence obtained directly through illegal means but also all evidence subsequently discovered as a result of that illegality.