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

Miranda warnings are required only when both elements are present: the suspect is in custody (deprived of freedom in a significant way) and subject to interrogation (express questioning or its functional equivalent).

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 Sixth Amendment right is offense-specific under McNeil v. Wisconsin — its attachment to formally charged offenses does not bar uncounseled questioning about separate, uncharged matters.

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

Under Burks v. United States, a reversal for insufficient evidence is treated as an acquittal and bars retrial; manifest necessity mistrials, dual sovereignty prosecutions, and hung jury retrials do not bar retrial.

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

Batson holds that purposeful racial discrimination in the use of peremptory challenges violates the Equal Protection Clause, establishing a three-step burden-shifting framework for adjudicating such claims.

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

Ramos v. Louisiana held the Sixth Amendment unanimity requirement applies to the states through the Fourteenth Amendment, directly invalidating Oregon's longstanding non-unanimous verdict practice.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Criminal Procedure 2