Criminal Procedure Flashcards

(4 cards)

1
Q

When are Miranda warnings required?

A

Miranda warnings are only required when a suspect is in custody and subjected to interrogation. A suspect is in custody when formally arrested or when the suspect’s freedom of movement is so restricted that a reasonable person would not feel free to terminate the encounter.

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2
Q

When is a sentencing factor considered an element of an offense?

A

A sentencing factor is considered an element of a criminal offense when it would increase the statutorily imposed sentencing range (if proven). Therefore, when the Sixth Amendment right to a jury trial has been invoked, the factor can only be imposed if a jury finds that the prosecution has proven it beyond a reasonable doubt.

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3
Q

Does the privilege against self-incrimination apply to evidence discovered during a search?

A

No, the privilege against self-incrimination only applies to the compelled production or creation of evidence.

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4
Q

Is informed consent necessary for police to search a home?

A

No, informed consent is not necessary. Consent need only be given freely and voluntarily (i.e., without police coercion).

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