Criminal Law & Procedures Flashcards
(124 cards)
1
Q
Due process requires that a criminal statute not be (i) ______. There must be a fair (ii) ________ and no (iii) ______ and discriminatory enforcement.
A
(i) vague; (ii) warning; (iii) arbitrary
2
Q
The inchoate crimes of (i) ______ and (ii) _______ merge if the crime is committed (though, (iii) ______ does not). Under the MPC, an individual may be convicted of only (iv) _____ inchoate crime, if the charges are based on the same offense
A
(i) attempt; (ii) solicitation; (iii) conspiracy; (iv) one
3
Q
The criminal act must be (i) ________
A
voluntary
4
Q
An (i) _______ can be an act if there was a legal (ii) ________, the defendant has knowledge of the duty, and it was (iii) _______ possible to perform the duty.
A
(i) omission; (ii) duty; (iii) reasonably
5
Q
The specific intent crimes are: (i) ________, (ii) ______, (iii) ___________ (the three inchoate crimes), (iv) first degree, premeditated _______, (v) _________, (vi) _________ (violent crimes against a person, with intent), and (vii) ________, (viii) __________, (ix) _______, (x) ________ ______, and (xi) __________ (the property crimes).
A
(i) solicitation; (ii) attempt; (iii) conspiracy; (iv) premeditated murder, (v) assault, (vi) robbery, (vii) larceny, (viii) burglary, (ix) forgery, (x) false pretenses, and (xi) embezzlement
6
Q
Common law (i) _____ and (ii) ______ are not specific intent, but are malice crimes, which require a reckless disregard for human life.
A
(i) murder; (ii) arson
7
Q
A person acts (i) _________ when his conscious objective is to engage in certain conduct or cause a certain result.
A
(i) purposefully
8
Q
A person acts (ii) _______ when he is aware that his conduct is of a particular nature.
A
(ii) knowingly
9
Q
A person acts (i) _______ when he consciously disregards a substantial and justifiable risk.
A
(i) recklessly
10
Q
A person acts (i) _____ when he fails to be aware of a substantial and unjustifiable risk.
A
(i) negligently
11
Q
General intent crimes require awareness of the (i) ____ contributing to the crime, but do not require specific intent to harm. These crimes include: (ii) _____, (iii) _______, (iv) ________, and (v) _______ _______.
A
(i) factors; (ii) battery; (iii) rape, (iv) kidnapping; (v) false imprisonment
12
Q
For specific intent crimes, there must be an intent to (i) ______ in the conduct. The test is (ii) _______.
A
(i) engage; (ii) subjective
13
Q
For general intent crimes, there must be (i) ______ of acting in specific conduct. The test is (ii) ________.
A
(i) awareness; (ii) subjective
14
Q
For malice crimes, there must be a (i) _______ _________ of a known risk. The test is (ii) _______.
A
(i) reckless disregard; (ii) subjective
15
Q
Purposeful mens rea requires a (i) _____ analysis of the defendant’s state of mind. Knowingly mens rea requires a (ii) _____ analysis of the defendant’s mind. Reckless analysis is both (iii) ______ and (iv) ______. Negligent analysis is (v) _____.
A
(i) subjective; (ii) subjective; (iii) subjective and (iv) objective; (v) objective
16
Q
Transferred intent applies to the crimes of homicide, battery, and arson, but it does not apply to (i) ________. Where there is transferred intent, the defendant is usually guilty of two crimes – the completed crime and an attempt against the intended victim.
A
(i) attempt
17
Q
(i) ___________ is the requirement that the defendant have the required intent at the same time as the act was committed.
A
(i) concurrence
18
Q
A principal commits the crime, and is liable for the crime. An (i) __________ aids or encourages the principal, and is liable for the principal crime if the accomplice intended to (ii) ______ or ______ the crime. An (iii) _______ after the fact knowingly lends aid to one who has committed a felony, and is liable for less serious crimes.
A
(i) accomplice; (ii) aid or encourage; (iii) accessory
19
Q
An accomplice requires dual intent: the intent to (i) ___ the principal, and the intent that the principal (ii) _____ the crime.
A
(i) aid; (ii) commit
20
Q
Mere (i) ________ that a crime will result is not enough to establish accomplish liability.
A
(i) knowledge
21
Q
An accomplice is liable for any crimes he aided and for any crimes committed by the principal that were (i) ______.
A
(i) foreseeable
22
Q
Members of a statutory protected class are (i) _______ from accomplice liability.
A
(i) immune
23
Q
A person can (i) _____ from a crime before it is committed. (ii) _______ is sufficient for mere encouragement. (iii) attempt to _______ is required if the individual participated beyond encouragement.
A
(i) withdraw; (ii) repudiation; (iii) neutralize
24
Q
A conspiracy requires an (i) ______ between two or more person, an (ii) ______ to enter into the agreement, and an intent by at least two persons to (iii) ________ the _____ of the agreement. Unlike common law, most states also require an (iv) ______ act.
A
(i) agreement; (ii) intent; (iii) achieve the objective; (iv) overt
25
A conspiracy is complete upon (i) _______ with requisite intent and an (ii) ______ act. After that, it's too late to withdraw. If an individual withdraws via an (iii) _______ act that notifies the other members of her withdrawal, in time for the other members to (iv) ______ plans, she may not be charged with crimes committed in furtherance of the committed. BUT, if the individual was an (v) _________, she must try to neutralize the assistance.
(i) agreement; (ii) overt; (iii) affirmative; (iv) abandon; (v) accomplice
26
(i) ______ is the intent to commit a crime, but falling short of completing it. All attempt charges are specific intent. Further, the defendant must commit an (ii) _____ act beyond mere (ii) _____ for the offense. Courts usually use the "substantial step" test.
(i) attempt; (ii) overt
27
(i) ______ impossibility (e.g., the bomb had no powder) is not a defense.
(i) factual
28
Generally, there is no (i) ________ as a defense to attempt.
(i) withdrawal
29
The M'Naghten rule says that a defendant is entitled to acquittal if there is a (i) ____ of the mind, and that disease caused a (ii) _____ in reason, such that the defendant lacked the ability to either know (iii) ______ from _______ or understand the (iv) _____ and quality of his actions.
(i) disease; (ii) defect; (iii) right from wrong; (iv) nature
30
Under the irresistible impulse insanity test, a defendant is entitled to acquittal if, because of mental illness, he could not (i) ______ his actions or (ii) _________ to the law.
(i) control; (ii) conform
31
Under the Durham / New Hampshire test, a defendant is entitled to acquittal if the crime was a (i) ______ of his (ii) _______ illness.
(i) crime; (ii) mental
32
The MPC insanity approach is a combination of M'Naghten and Irresistible Impulse: a defendant must lack substantial capacity to (i) _________ the criminality of his conduct, or (ii) to _____ his conduct to the law.
(i) appreciate; (ii) conform
33
The defendant has the burden of proving an insanity defense by a (i) _________ of evidence.
(i) preponderance
34
Voluntary intoxication may be offered to rebut (i) ______ or (ii) ________ in specific intent crimes, but it is not relevant for general intent, malice, or strict liability.
(i) purpose; (ii) knowledge
35
In general, a child under the age of 13 / 14 _____ be convicted of a crime.
cannot
36
Self defense must be based on an (i) ________ threat. (ii) ______ force may be used to avoid injury or protect (iii) _______. (iv) _______ force is only justified to prevent death or (v) _______ bodily injury.
(i) imminent; (ii) non-deadly; (iii) property; (iv) deadly; (v) serious
37
Non-deadly force is available if the person (i) ______ believes it necessary (objective). Deadly force requires that the defendant be without (ii) _______, that he is confronted with an unlawful force, and that he (iii) ______ believes that he is threatened with imminent death or serious bodily injury.
(i) reasonably; (ii) fault; (iii) reasonably
38
A minority of states require retreat, and the victim must do so, if he may do so safely, unless, (i) the victim is in his own _________, the attack occurs while the victim is making a lawful (ii) ________, or the assailant is in the process of (iii) ______ the victim.
(i) home; (ii) arrest; (iii) robbing
39
An aggressor may only use force in defense if she (i) _______ withdraws, and communicates that to the other party, and (ii) the other party suddenly ____________ the fight into a deadly altercation, and there is no chance to (iii) _______.
(i) effectively; (ii) escalates; (iii) withdraw
40
(i) _______ force may never be used to protect property. A person may only use force to regain property if he is in (ii) _____ pursuit of the taker.
(i) deadly; (ii) hot
41
(i) _____ is a defense to any crime other than (ii) ________ homicide, if the defendant (iii) _____ believed that another person would imminently inflict (iv) ____ or (v) _____ bodily harm upon him or a member of his family if he did not commit the crime.
(i) duress; (ii) intentional; (iii) reasonably; (iv) death; (v) serious
42
Generally, (i) ______ of the victim is not a valid defense, except for minor assaults, battery, and (ii) ______
(i) consent; (ii) rape
43
Entrapment exists only if the (i) criminal _____ began with law enforcement, and the defendant was not (ii) _______ to commit the crime prior to the government action. Private action cannot create entrapment. Provision of contraband does not create entrapment.
(i) design; (ii) predisposed
44
Criminal battery is an (i) ________ touching resulting in (ii) _____ or an (iii) ______ touching. Aggravated battery includes a battery with a (iv) _______ weapon, a battery that results in (v) _____ bodily harm, or the battery of a (vi) _______, woman, or police officer.
(i) unlawful; (ii) injury; (iii) offensive; (iv) deadly; (v) serious; (vi) child
45
Criminal assaults is either the (i) ______ to commit a battery or the intentional creation of a reasonable (ii) _______ in the mind of the victim of imminent bodily harm.
(i) attempt; (ii) apprehension
46
Murder is the unlawful killing of a human being with (i) _____ aforethought. There must be (i) _____ to kill, intent to inflict (ii) ______ bodily injury, (iii) _____ indifference to an unjustifiable high risk to human life, or an intent to commit a (iv) _______.
(i) intent; (ii) serious; (iii) reckless indifference; (iv) felony
47
(i) _______ manslaughter is a killing that would be murder BUT FOR the existence of adequate (ii) ________. The provocation must arouse sudden and intense (iii) _____ in the mind of an ordinary person; the defendant must be in fact provoked (subjective); there is not sufficient (iv) ______ between provocation and the killing to cool; (v) thew defendant in fact did not cool off.
(i) voluntary; (ii) provocation; (iii) passion; (iv) time
48
(i) _____ manslaughter is a killing committed with criminal (ii) ___________ (or recklessness), or in some states, a killing that resulted during the commission of an (iii) ____ act (misdemeanor or felony not within felony murder).
(i) involuntary; (ii) negligence; (iii) criminal
49
For felony murder, the felony must be (i) _____ from the killing itself, the death must have been a (ii) _____ result of the felony, and the death must have been caused before the defendant's immediate (iii) ________. Under the proximate cause theory, defendants are liable for (iv) _______ killings, but under the agency theory, the defendant is only liable if his _________ commits the murder.
(i) distinct; (ii) foreseeable; (iii) flight; (iv) proximate; (v) agency
50
False imprisonment is the unlawful (i) ______ of a person without his (ii) __________.
(i) confinement; (ii) consent
51
(i) ________ is the unlawful (i) ________ of the victim or (ii) ________ of the victim in a secret place.
(i) kidnapping; (ii) movement; (iii) concealment
52
Larceny is a (i) _____ and (ii) ______ away of tangible personal (iii) ________ of another by (iv) _______ (without the other party's consent), with an intent to (v) _______ deprive.
(i) taking; (ii) carrying; (iii) property; (iv) consent; (v) deprive
53
Embezzlement is the (i) _______ (ii) ________ of personal property of another, by a person in lawful (iii) _____ of the property.
(i) fraudulent; (ii) conversion; (iii) possession
54
False pretenses is obtaining (i) _______ to the personal property of another, by an intentional (ii) _______ statement, with an intend to (iii) ________
(i) title; (ii) false; (iii) defraud
55
If a victim is tricked to giving up (i) ______, but not title, of a possession, the charge is (i) _______ by _____.
(i) custody; (ii) larceny by trick
56
Robbery is a (i) ______ of the personal property of another from the other person's (ii) ________ or in his presence, by (iii) _________ or threaten of immediate death or physical injury to the victim, his family, or someone in his presence, with the intent to permanently (iv) _______ the victim of his property.
(i) taking; (ii) person; (iii) force; (iv) deprive
57
Receipt of stolen property is the receipt of (i) ____ of stolen property, (ii) _____ to have been obtained in a criminal manner by another person, with the intent to permanently (iii) ________ the owner of his interest.
(i) possession; (ii) known; (iii) deprive
58
Forgery is making a writing so that it is false, with the (i) intent to _____-
defraud
59
Burglary is a (i) _________ (anything less than consent) and (ii) _______ (even one finger over the threshold) of a dwelling of another at nighttime (though modern statutes excuse dwelling and nighttime requirements), with the intent to commit a (iii) _______ at the time of entry.
(i) breaking; (ii) entry; (iii) felony
60
Arson is the (i) ________ burning of the dwelling of another. Modern arson extends the application to explosions and commercial buildings.
(i) malicious
61
The fourth amendment prohibits unreasonable (i) _____ and _______.
Searches and seizures
62
The fifth amendment provides the privilege against compulsory (i) ____-__________, and a prohibition against (ii) ________ jeopardy
(i) self-incrimination; (ii) double jeopardy
63
The sixth amendment includes a right to a (i) ____ trial, a (ii) _____ trial, a trial by (iii) _______, the right to confront (iv) _________, and the right to (v) __________ process for obtaining witnesses, and the assistance of (vi) ______.
(i) speedy; (ii) public; (iii) jury; (iv) witnesses; (v) compulsory; (vi) counsel
64
The eight amendment has a prohibition against cruel and unusual (i) ______ and excessive (ii) ______.
(i) punishment; (ii) fines
65
A (i) ______ occurs when, under the totality of the circumstances, a (ii) ______ person would not feel free to leave.
(i) seizure; (ii) reasonable
66
An (i) _____ occurs when the police take someone into custody against her will for the purpose of prosecution or interrogation.
(i) arrest
67
An arrest must be based on (i) ____ ________, which is trustworthy facts or knowledge sufficient for a reasonable person to believe the suspect has committed a crime.
(i) probable cause
68
A warrant is generally not required to arrest someone in (i) _____
public
69
When executing an arrest warrant, officers may only enter if there is (i) ______ to ______ the suspect is present.
(i) reason to believe
70
If the police have a reasonable (i) ______ of criminal activity, supported by (ii) _______ facts, they may detain a person. If they also have a reasonable (iii) _______ that the person is armed and dangerous, they may (iv) _____ him for weapons. They may confiscate any contraband based on plain feel.
(i) suspicion; (ii) articulable; (iii) suspicion; (iv) frisk
71
Police must have a reasonable (i) ______ that the law has been violated to stop a car. A police officers reasonable mistake of law does not invalidate any subsequent seizure.
(i) suspicion
72
Roadblock enforcement must be (i) ________ and designed to a problem pertaining to automobiles (e.g., drunk driving)
(i) neutral
73
An officer, after stopping a car, may order the occupants out. If he suspects they are armed, he may frisk the occupants and the (i) __________ compartment
(i) passenger
74
There is no reasonable expectation of privacy in the sound of one's own (i) _____, in one's (ii) ________, in the paint on the outside of one's vehicle, in one's (iii) ____ accounts, in areas (iv) _______ (but nearby) the home, in (v) __________ left for collection, in land visible from a public space (even a (vi) _______), or the smell of one's (vii) ______.
(i) voice; (ii) handwriting; (iii) bank; (iv) outside; (v) garbage; (vi) airplane; (vii) luggage
75
Evidence obtained by a facially valid (i) _______ may be admitted, even if the warrant is later determined to be invalid.
Warrant
76
A warrant must describe with reasonable precision the (i) _______ to be searched and (ii) _____ to be seized.
(i) place; (ii) items
77
Police may detain third parties found on the promise of a search warrant, but they may not search their (i) ______, unless they are named in the warrant.
(i) persons
78
Incident to a constitutional arrest, the police may search the person and areas within (i) _______. They can also make a protective (ii) ________ if they believe accomplices may be present. Police may search the interior of a (iii) _______ after securing a recent occupant in a squad car, if they believe the search is likely to yield evidence related to the arrest.
(i) Reach; (ii) sweep; (iii) car
79
If an arrest is (i) _________, any search incident to that arrest is also unconstitutional.
(i) unconstitutional
80
The police may search the passenger compartment of an automobile, incident to arrest, only if either (i) the arrestees is ________ and may still gain access to the compartment, or (ii) the police _________ believe evidence of the offense will be found in the vehicle.
(i) unsecured; (ii) reasonably
81
Officers may no examine the (i) ______ of a cell phone without a warrant.
(i) data
82
A (i) _____ swap is a reasonable search for a serious offense under the fourth amendment.
(i) DNA
83
At the police station, the police may search an individual's (i) __________ and impounded (ii) ________, incident to arrest.
(i) belongings; (ii) vehicle
84
If police have (i) _____ case to believe that the vehicle contains evidence of a crime, they may search the whole vehicle and any container that may contain evidence, and may even tow the vehicle to the station to search it later. However, if the vehicle is parked on the (ii) ________ of the defendant's home, the police may not search without a (iii) _______.
(i) probable; (ii) curtilage; (iii) warrant
85
Police may make a warrantless seizure if they are (i) _______ present, (ii) ______ evidence or contraband, in (iii) _____ view, and have probable cause to believe the item is evidence or contraband of a crime.
(i) legally; (ii) discover; (iii) plain
86
if public school officials have (i) _____ ____ for search, they can do it. Reasonable grounds include a (ii) ____ chance of finding evidence of wrongdoing, where the measures adopted to carry out the search are reasonable (iii) _____ to the objectives of the search, and the search is not excessively (iv) ______ in light of the age and sex of the student.
(i) reasonable grounds; (ii) moderate; (iii) related; (iv) intrusive
87
A wiretap warrant can be issued if there is (i) ______ cause, the suspects are (ii) _______, the warrant describes with particularity the (iii) _____ to be overheard, the wiretap is for a (iv) ___ period of time, the wiretap is (v) _______ when desired information is obtained, and a return is made to court showing what conversations have been (vi) ______.
(i) probable; (ii) named; (iii) conversations; (iv) short; (v) terminated; (vi) recorded
88
A confession must be (i) ________. The police cannot extract a confession from the defendant after he has been charged without the presence of (ii) _______ (unless it has been waived).
(i) voluntary; (ii) counsel
89
A defendant has a right to counsel at post-indictment (i) ________ (whether custodial or not), at (ii) ______ hearings that determinate probable cause to prosecute, at (iii) ________, at any post-charge (iv) ______ of suspects, at a (v) _____ plea and sentencing, at a (vi) _____ trial, at a (vii) _______ trial when imprisonment is actually imposed, during (viii) trial _________, for appeals of (ix) ___________, and appeals of guilty pleas.
(i) interrogation; (ii) preliminary; (iii) arraignment; (iv) lineup; (v) guilty; (vi) felony; (vii) misdemeanor; (viii) recess; (ix) right
90
There are several stages of prosecution where a defendant DOES NOT have the right to counsel. These include: (i) _____ samples, (ii) ______ and voice samples; (iii) pre-charge ________; (iv) photo identifications; (v) preliminary hearings to determine probable cause to ________; brief (vi) _______ at trial, (vii) _____ appeals, (viii) _______ proceedings, and any other post-conviction proceeding.
(i) blood; (ii) handwriting; (iii) line-ups; (v) detain; (vi) recesses; (vii) discretionary; (viii) parole and probation
91
A sixth amendment waiver must be (i) _____ and voluntary.
(i) knowing
92
The sixth amendment is offense (i) ______.
Specific
93
At non-trial proceedings, the absence of counsel in violation of the sixth amendment will be judged by the (i) ______ error rule. Absence of counsel at trial is an (i) ______ reversal of conviction.
(i) harmless; (ii) automatic
94
A statement obtained via interrogation in violate of the sixth amendment may not be used as substantive evidence, but may be used to (i) ________ a contrary statement of the defendant at trial. The rule is similar to the rule that applies to Miranda violations.
(i) impeach
95
The Miranda warning is that the defendant has the right to remain (i) _______, anything he says can be (ii) ___ against him in court, he has the right to the presence of an (iii) ______, and if he cannot afford an attorney, one will be (iv) _______.
(i) silent; (ii) used; (iii) attorney; (iv) appointed
96
The Miranda warning is required when the defendant is in (i) ________ and being (ii) ________.
(i) custody; (ii) interrogated
97
Whether a defendant is in custody is a two step test: (i) is the defendant free to ________ the interrogation and leave? Second, is the environment the same inherently (ii) ______ pressure as the station house?
(i) terminate; (ii) coercive
98
If a detainee invokes his right to remain (i) ______ (unambiguously), the police may question him later on an (ii) ______ crime. But if a detainee invokes his right to (ii) ________ under the fifth amendment, all questioning must stop until counsel has been provided, unless the detainee subsequently waives his right to counsel, or is released for 14 days and then interrogated again.
(i) silent; (ii) different; (iii) counsel
99
A witness subpoenaed to testify before a (i) ____ _____ does not have a right to Miranda warning, nor is he entitled to a warning that he is a potential defendant. Nor does he have a right to have an attorney present.
(i) grand jury
100
A grand jury may base an indictment on evidence that would be (i) _____ at trial.
(i) inadmissible
101
A prosecutor has a duty to disclose (i) ______ evidence. If such evidence is withheld, a defendant can reverse a conviction if the evidence was (ii) ______ to him and (iii) _____ has resulted (a reasonable probability that the case would have been different and the evidence been present at trial).
(i) exculpatory; (ii) favorable; (iii) prejudice
102
In a criminal trial, the (i) _______ opens, then the (ii) _______, then the closing argument are the (iii) ______, the (iv) ______, and the government (v) ____.
(i) prosecution; (ii) defense; (iii) government; (iv) defense; (v) rebuts
103
The press and the public have a (i) _____ amendment right to attend the trial itself.9
(i) first
104
A criminal jury must be between six and twelve jurors, and their verdict must be (i) _____
Unanimous
105
The equal protect clause forbids the use of preemptory challenges that exclude jurors solely on (i) ___ or (ii) _____. An attack on a peremptory challenge must show facts or circumstances that raise an (iii) _________ that the exclusion was based on race or gender, the prosecutor, upon showing, must come forward with a (iv) ____-neutral explanation, and then the judge determines if the prosecutor was sincere.
(i) race; (ii) gender; (iii) inference; (iv) race
106
In voir dire, a defendant can ask about racial prejudice if the crime is related to race or an (i) _______ capital crime. The state may not automatically exclude a juror who has concerns about the (ii) ______ _____. But a juror who would automatically impose the (iii) ______ _____ on a verdict of guilty must be excluded.
(i) interracial; (ii) death penalty; (iii) death penalty
107
In a criminal case, inconsistent verdicts are not (i) _______
(i) reviewable
108
An ineffective assistance of counsel claim must show (i) _____ performance for counsel, and (ii) ____ for the deficiency, the result would've been different.
(i) deficient; (ii) but for
109
The defendant has a 6th amendment right to confront (i) _______. A co-defendant's confession which names the defendant cannot be admitted, unless: all portion of reference to the defendant are (ii) ______; or the co-defendant takes the stand and subjects himself to (iii) _____-________; or the confession of the co-defendant is used to rebut the defendant's claim that his confession was obtained coercively.
(i) witnesses; (ii) eliminated; (iii) cross-examination
110
Prior testimonial statements are not admitted unless the declarant is (i) _______ and the defendant had the opportunity to (ii) ____-______ the declarant at the time the statement was made.
(i) unavailable; (ii) cross-examine
111
A plea must be (i) _____ and (ii) _______. The judge must be sure the defendant knows the nature of the (iii) _____, the maximum (iv) ______ and mandatory minimum, that he has a right not to (v) _________.
(i) voluntary; (ii) intelligent; (iii) charge; (iv) sentence; (v) plead
112
A judge does not have to accept a (i) _____ deal. A prosecutor may not charge a more serious offense if a defendant demands a (ii) ______.
(i) plea; (ii) trial
113
Minors can be sentenced to (i) _____ without ________ for homicide, but not based on a mandatory sentencing scheme.
(i) life without parole
114
Double jeopardy attaches once the jury has been (i) ________ and worn. In a bench trial, jeopardy attaches when the first (ii) _______ is sworn.
(i) empaneled; (ii) sworn
115
A state may retry a case if there is a (i) ____ jury. A trial may be discontinued and reprosecuted if there is (ii) _____ necessity to abort the original trial. Retrial is permitted when an appeal is granted based on the (iii) _____ of the evidence (but no retrial where appeal is granted based on the sufficiency of the evidence). However, on retrain, a successful appeal may not be tried for a (iv) _______ crime than which he was convicted. If the defendant could've been tried in a single trial, but elects for multiple trials, jeopardy does (v) ______ attach on the other charges.
(i) hung; (ii) manifest; (iii) weight; (iv) harsher; (v) not
116
Two crimes are the same offense unless each crime requires proof of an additional (i) _______-
element
117
Attachment of jeopardy for a greater offense bars retrial for a (i) _______, included offense. Attachment for a lesser, included offense bars retrial for a (ii) ______ offense. An exception exists if new evidence is created (e.g., the person dies subsequent to the proceeding), or if evidence could not have been discovered with (iii) _____ diligence.
(i) lesser; (ii) greater; (iii) due
118
Due to the doctrine of separate (i) ________, an individual may be tried on the same crime by the state and (ii) _______ government, or by multiple (iii) ______.
(i) sovereign; (ii) federal; (iii) states
119
A defendant may use a blanket (i) _____-amendment protection against self-incrimination, and not take the stand; a witness can be compelled to take the stand, but can (ii) ________ invoke the privilege on a given question
(i) fifth; (ii) specifically
120
A person served with a subpoena for documents has no fifth amendment right not to (i) _____
(i) comply
121
If a suspect remains silent prior to Miranda, that silence (i) ____ be used against him in court
(i) can
122
In juvenile delinquency proceedings, the juvenile has a write to (i) notice of charges, (ii) assistance of counsel, (iii) the opportunity confront and cross-examine witness, the right not to (iv) testify, and the right to have guilt proven beyond a reasonable doubt. But a juvenile has no right to a ______.
Jury
123
An individual does not require advance notice before (i) _____ of personal property, though a hearing must be held before final forfeiture. For real property, (ii) ______ and the opportunity to be heard are required before seizure, unless the government can prove needs for (iii) _____ seizure.
(i) seizure; (ii) notice; (iiI) immediate
124
In general, the fruit of a poisonous tree will be excluded. There are exceptions. If the evidence comes from an (i) _____ source, not involved in the unconstitutional conduct. If there are (ii) ______ acts or circumstances. If discovery was (iii) _______. If there is (iv) _____ witness testimony or in-court (v) ________. If the evidence came from a violation of a no-knock rule on a (vi) _____ search. If the evidence came from good faith reliance on an (vii) ______ warrant. Or if the information is used to (viii) _____.
(i) independent; (ii) intervening; (iii) inevitable; (iv) live; (v) identification; (vi) warrant; (vii) invalid; (viii) to impeach
