OR Bar Criminal Procedure 2

Question 1

Under Miranda v. Arizona, the obligation to administer Miranda warnings is triggered when:

Accepted Answer

A suspect is in custody and subject to interrogation

Answer

Police question any person who may have information about a crime

Answer

Police have probable cause to believe a person committed a crime

Answer

A person is detained, even briefly, for investigatory purposes

Question 2

The Sixth Amendment right to counsel is characterized as 'offense-specific,' which means:

Accepted Answer

Once the right attaches for one charged offense, police may still question the defendant about separate uncharged offenses without counsel present

Answer

The right applies only to the most serious criminal charge the defendant faces

Answer

The right requires appointment of counsel only for offenses punishable by imprisonment

Answer

Counsel must be present at every critical stage of any criminal proceeding

Question 3

Under the Double Jeopardy Clause, which of the following BARS a subsequent prosecution?

Accepted Answer

Retrial after a conviction is reversed on appeal for legally insufficient evidence

Answer

Retrial after a mistrial declared due to manifest necessity

Answer

Prosecution by a different sovereign for the same underlying conduct

Answer

Retrial following a mistrial caused by a hung jury

Question 4

Under Batson v. Kentucky, the Equal Protection Clause is violated when:

Accepted Answer

A prosecutor uses peremptory challenges to deliberately exclude jurors based on race

Answer

A jury venire statistically underrepresents a racial group

Answer

A prosecutor uses for-cause challenges in a racially discriminatory pattern

Answer

The composition of the seated jury does not reflect the racial makeup of the community

Question 5

Following Ramos v. Louisiana (2020), which of the following is TRUE regarding jury unanimity in criminal trials?

Accepted Answer

The Sixth Amendment requires a unanimous jury verdict for conviction of any serious criminal offense

Answer

States may still permit non-unanimous verdicts for non-capital felonies

Answer

Non-unanimous verdicts are permissible only when the defendant waives the unanimity right

Answer

Federal courts must use unanimous verdicts while state courts retain discretion

Question 6

Under Crawford v. Washington, 'testimonial' statements by an out-of-court declarant are admissible against a criminal defendant only when:

Accepted Answer

The declarant is unavailable AND the defendant had a prior opportunity to cross-examine the declarant

Answer

The statement falls within a firmly rooted hearsay exception regardless of the declarant's availability

Answer

The statement was made under oath in a prior judicial proceeding

Answer

The trial court determines the statement bears adequate indicia of reliability

Question 7

Under Strickland v. Washington, a defendant claiming ineffective assistance of counsel must prove:

Accepted Answer

Counsel's performance was deficient AND there is a reasonable probability the outcome would have differed absent the errors

Answer

Counsel made errors that no competent attorney would have made

Answer

Counsel failed to adequately communicate with the defendant before critical trial decisions

Answer

Counsel's cumulative errors taken together deprived the defendant of a fair trial