Criminal Procedure

Question 1

When are Miranda warnings required?

Answer 1

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.

Question 2

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

Answer 2

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.

Question 3

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

Answer 3

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

Question 4

Is informed consent necessary for police to search a home?

Answer 4

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

Question 5

When double jeopardy does not apply and a second prosecution is permitted

Answer 5

DJ does not prohibit a second prosecution for the same offense when (1) the defendant was convicted of a lesser offense at the first trial, (2) the second prosecution involves a greater offense, and (3) the facts necessary to prove that offense did not exist during the first trial.