NALA Criminal Law and Procedure 3 — Questions and Answers
Question 1: The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to:
- Evidence obtained through independent sources only
- Derivative evidence discovered as a result of an initial constitutional violation (Correct answer)
- Physical evidence but not witness testimony
- Evidence admitted under the good faith exception
Correct answer: Derivative evidence discovered as a result of an initial constitutional violation
The 'fruit of the poisonous tree' doctrine excludes not only directly obtained illegal evidence but also secondary evidence derived from the initial illegality.
Question 2: A 'no contest' (nolo contendere) plea differs from a guilty plea primarily because it:
- Carries a lighter criminal sentence by statute
- Cannot be used as an admission in a subsequent civil proceeding (Correct answer)
- Preserves all appellate rights automatically
- Requires the court to find a factual basis for the offense
Correct answer: Cannot be used as an admission in a subsequent civil proceeding
A nolo contendere plea accepts criminal punishment without admitting guilt, so it generally cannot be used as an admission against the defendant in civil litigation.
Question 3: Which Amendment to the U.S. Constitution protects against unreasonable searches and seizures?
- Fifth Amendment
- Sixth Amendment
- Fourth Amendment (Correct answer)
- Eighth Amendment
Correct answer: Fourth Amendment
The Fourth Amendment protects individuals from unreasonable searches and seizures by government actors and requires warrants to be supported by probable cause.
Question 4: In criminal law, 'voluntary manslaughter' is distinguished from murder primarily by the presence of:
- Premeditation and deliberation
- Adequate provocation causing heat of passion (Correct answer)
- Felony murder circumstances
- Malice aforethought
Correct answer: Adequate provocation causing heat of passion
Voluntary manslaughter is an intentional killing that would otherwise be murder, but is mitigated because the defendant acted in the heat of passion after adequate provocation.
Question 5: A criminal defendant's Sixth Amendment right to a speedy trial attaches at what point?
- Upon arrest or formal charge, whichever is earlier (Correct answer)
- Only after indictment by a grand jury
- When the defendant is formally sentenced
- At the moment the crime is committed
Correct answer: Upon arrest or formal charge, whichever is earlier
The Sixth Amendment speedy trial right attaches at arrest or formal charge (whichever is earlier), not merely at indictment.
Question 6: Which of the following is an example of an 'affirmative defense' in criminal law?
- Challenging the chain of custody of evidence
- Asserting that the prosecution failed to prove an element beyond a reasonable doubt
- Claiming insanity as a defense to criminal responsibility (Correct answer)
- Moving to suppress illegally obtained evidence
Correct answer: Claiming insanity as a defense to criminal responsibility
An affirmative defense, such as insanity, requires the defendant to introduce evidence to support the defense rather than merely negating an element of the prosecution's case.
Question 7: Under the Miranda rule, warnings are required before custodial interrogation. 'Custody' for Miranda purposes means:
- Any questioning by law enforcement regardless of setting
- A formal arrest is the only situation triggering Miranda
- A situation where a reasonable person would not feel free to leave (Correct answer)
- Detention lasting more than 48 hours
Correct answer: A situation where a reasonable person would not feel free to leave
Miranda custody is determined by whether a reasonable person in the defendant's position would feel free to terminate the interrogation and leave.
NALA Criminal Law and Procedure 3
The 'fruit of the poisonous tree' doctrine extends the exclusionary rule to: