Criminal Law and Procedure Flashcards

Under the Sixth Amendment, the right to counsel attaches at which point in proceedings?

Answer: At the initiation of formal adversarial proceedings

The Sixth Amendment right to counsel attaches at the initiation of formal adversarial proceedings, whether by indictment, arraignment, or initial appearance before a judicial officer.

In a New York criminal case, a defendant enters a plea of not guilty by reason of mental disease or defect. Under New York law, the standard is whether the defendant lacked substantial capacity to:

Answer: Appreciate the nature and consequences of their conduct or that it was wrong

New York's insanity defense requires that the defendant lacked substantial capacity to know or appreciate the nature and consequences of the conduct or that the conduct was wrong.

Under Double Jeopardy principles, which of the following is NOT barred by the Fifth Amendment?

Answer: Prosecution by a state after federal prosecution for the same act

The dual sovereignty doctrine allows a state and the federal government to each prosecute a defendant for the same conduct because they are separate sovereigns.

A police officer stops a car for a traffic violation and smells marijuana. Under the automobile exception to the Fourth Amendment, the officer may:

Answer: Search any area of the vehicle where the contraband might be found

The automobile exception allows a warrantless search of any area of the vehicle, including the trunk and containers, where the evidence sought might reasonably be found.

Under New York law, a person commits robbery in the first degree when, during the commission of a larceny, they:

Answer: Both B and C

New York first-degree robbery requires that during the larceny the actor causes serious physical injury to any person, or is armed with a deadly weapon, or uses or threatens use of a dangerous instrument, or displays what appears to be a firearm.

Under Brady v. Maryland, the prosecution must disclose evidence that is:

Answer: Exculpatory and material to guilt or punishment

Brady requires the prosecution to disclose evidence that is favorable to the accused and material to either guilt or punishment, including impeachment evidence.