WRONG

Question 1

Defense of Duress

Answer 1

Under this defense, a person is not guilty, other than intentional homicide, if he performs an otherwise criminal act under the threat of imminent infliction of death or great bodily harm, provided that he reasonably believes death or great bodily harm will be inflicted on himself if he does not perform such conduct.

Question 2

Why is it difficult to have live witness testimony excluded as fruit of the poisonous tree?

Answer 2

Because a more direct link between the taint and the evidence is required than for exclusion of other evidence.

Question 3

The __________ Amendment(s) right(s) to counsel may be waived by a knowing and voluntary waiver.

Answer 3

5th and 6th

Question 4

If a state allows the death penalty as a possible punishment, it:

Answer 4

Must allow the trier of fact to consider all relevant mitigating circumstances in determining whether death is the appropriate sentence

Question 5

The primary purpose of a preliminary hearing is to:

Answer 5

determine whether PC for detention exists

Question 6

Before entering a guilty plea, the judge must ensure that the defendant knows and understands:

Answer 6

The nature of the charge, the possible penalties involved, and his right to plead not guilty

Question 7

A defendant has a constitutional right to representation of counsel at the following critical stages:

Answer 7

1. Post-indictment interrogation whether custodial or not; 2. Preliminary hearings to determine probable cause to prosecute; 3. Arraignment; 4. Post-charge lineups; 5. Guilty plea and sentencing; 6. Felony trials; 7. Misdemeanor trials when imprisonment is actually imposed or a suspended jail sentence is imposed; 8. Overnight recesses during trial; 9. Appeals as a matter of right; and 10. Appeals of guilty pleas and pleas of nolo contendere.

Question 8

The exclusionary rule is a __________.

Answer 8

judge made rule providing that evidence obtained in violation of the Fourth, Fifth, or Sixth Amendment generally may not be admitted into evidence

Question 9

If a defendant chooses to remain silent at trial, __________.

Answer 9

the judge may warn the jury not to draw an adverse inference, even over the defendant’s objection

Question 10

In _______ cases, the fact that the defendant and victim are of different races automatically entitles the defendant to question a prospective juror on racial bias.

Answer 10

capital

Question 11

A defendant has a right to counsel during all custodial interrogations under the _______ Amendment and at all critical stages of a prosecution after formal proceedings have begun under the _______ Amendment.

Answer 11

Fifth; Sixth

Question 12

To make a warrantless seizure under the plain view exception to the warrant requirement:

Answer 12

(i) the police must be legitimately on the premises where the item is found; (ii) the item must be evidence, contraband, or a fruit or instrumentality of a crime; (iii) the item must be in plain view; and (iii) it must be immediately apparent (i.e., probable cause) that the item is evidence, contraband, or a fruit or instrumentality of a crime.

Question 13

How long does the prohibition against questioning a detainee after invoking Miranda rights lasts?

Answer 13

The entire time the detainee is in custody for INTERROGATION PURPOSES, plus 14 more days after the detainee returns to his normal life.