We love Criminal Procedure so much we need more questions...

get out of jail free--

100

True or false--defendants have a right to counsel of their own choice?

False. The Supreme Court has ruled that the right to counsel includes the right to counsel of the defendant’s choice that the defendant can afford to hire. However…only defendants who are able to hire an attorney with their own funds have a right to a counsel of their choice.

200

What are the consequences for an undue delay (speedy trial violation)? (two answers--two possibilities--need both)

Dismissal without prejudice allows new prosecution. Dismissal with prejudice bars new prosecution.

300

Who (which party) can make a motion to change venue?

Only defendants can file a motion to change the venue. This motion waives the defendant’s Sixth Amendment right to trial in the district where the crime was committed.

400

What factors are considered when sentencing a guilty person?

Guidelines weigh both the seriousness of the crime and the criminal history of the offender. Departures from range require written rationales and may be appealed.

500

In an emergency, government power is limited by two things--what are they?

Necessity—Government can use extraordinary power only when and to the extent that it is absolutely needed to protect the people from danger. Temporariness—This extraordinary power must end as soon as the emergency ends.

I love procedure

100

The Constitution guarantees a right to a trial by 12 jurors. True or false?

There is NO constitutional right to a 12 member jury. The constitutional test consists of two elements: Are there enough jurors to find the truth? Are there enough to allow community participation in decision making?

200

A jury must equal the same racial proportion as the community at large? True/false

False. The Sixth Amendment guarantees you the right to an “impartial jury” that represents a “fair cross section” of the community. The Fourteenth Amendment prohibits the systematic exclusion of members of defendants’ racial, gender, ethnic, or religious group.

300

Individual citizens can sue the government without the government's consent. True or false?

False According to the doctrine of sovereign immunity, the government must give permission to be sued by an individual or an entity.

400

Which federal act waived sovereign immunity for the federal government and permitted lawsuits against the federal government for wrong doing by its officers?

The Federal Tort Claim Act FTCA

500

If a defendant does not "raise" or "object" to specific issues at trial, what happens and what is that principle called?

Judicial economy doctrine--we shouldn't spend time and money on appeals that defendants could have avoided by objecting during the trial. (with limited exceptions, of course)

Famous people who had their day in court

100

Hamdi v. Rumsfeld (2004) a US citizen was declared an enemy combatant and was detained without formally charging him. What was the result?

Mr. Hamdi's right to receive a notice of the basis for his classification and a fair opportunity to rebut the government's assertions were affirmed by the Supreme Court.

200

In Boumediene v. Bush, 6 Algerians living in Bosnia, detained and held in Gitmo 5 of the defendants were NOT given the right to challenge their detention by means of a petition for habeas corpus since they are not US citizens. True or false?

False. The Court held that the Detainee Treatment Act could not be completely upheld – that detainees had to be given some rights. Among these was a constitutional right to challenge their detention by means of a petition for habeas corpus.

300

In Pinder v. Johnson, where the mother was told by a police officer that her estranged husband would be locked up--but he was released and then burned the house and her children to death, Did the police have a constitutional duty to protect her and her children?

No. The state-created danger exception does not apply.

400

In New York v. Quarles (1984) the public safety exception permits questioning of a suspect without reading the "Miranda rights" but this evidence is not permissible in court. True or false?

False. The "public safety exception" applies when the "need for answers to questions in a situation posing a threat to public safety outweighs the need for the rule protecting the privilege against self-incrimination."

500

According to N. Carolina v. Alford, is an admission of guilt in a plea required to receive punishment for the conviction of a crime where D pleaded guilty to the crime?

Yes, he could be punished. D’s guilty plea was knowing and voluntary despite denial of factual guilt in the murder.

I want more! (100-300 only)

100

Sneaky-peaky? sneak and peek search warrants allow officers to enter private places without the owner (or occupant) consenting or even knowing about it. Are these Permissible by the Constitution?

YES The Patriot Act included their use if the court finds reasonable cause to believe notification might have an “adverse effect.” Items can’t be seized unless it is deemed “reasonably necessary” to do so.

200

True or False: Officers are only liable for willful or deliberate wrongs?

True Officers are liable only for “willful or deliberate wrong” (defense of official immunity).

300

Can judges or prosecutors be sued? If so, how?--under what doctrine?

Judges enjoy absolute immunity from civil suits, meaning they can’t be sued even if they acted maliciously and in bad faith. Prosecutors have functional immunity—immunity depends on their function at the time of the act. They have absolute immunity when acting as advocates for the state in criminal prosecutions. They have limited liability when acting as administrators or investigators.

Final jeopardy question...

100

In Berkemer, Sheriff of Franklin County v. McCarty, the US Supreme Court decided what in regards to when a person is "in custody" for purposes of "custodial interrogation" during a traffic stop? (Hint--this was a dui case)

The defendant was NOT taken into custody until he was arrested. This was after Miranda v. AZ. The defendant said he had smoked some marijuana and had consumed a few beers. The officer had concluded that he would be arrested but did not tell the defendant.