CRIMINAL PROCEDURE

COMPREHENSIVE FINAL EXAM

(Open Everything)

Essay (1 point each)

1. Define criminal procedure and discuss its importance with respect to

American jurisprudence.

2. The first eight amendments to the United State Constitution apply to the
federal government, The Supreme Court has incorporated many of these
rights into the due process requirement binding on the states by virtue of the
Fourteenth Amendment. Please name these rights.

3. What is the exclusionary rule, its purpose, scope, and limitations.

4. The Fourth Amendment provides that people should be free in their persons
from unreasonable searches and seizures. What is a search? What is a
seizure? What is reasonableness?

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5. An arrest occurs when the police take a person into custody against her will
for purposes of criminal prosecution or interrogation. An arrest must be
based on probable cause. What is probable cause?

6. Police have the authority to briefly detain a person for investigative purposes
even if they lack probable cause. Please discuss Terry v. Ohio, 392 U.S. 1
(1968) and its importance with respect to American jurisprudence.

7. Stopping a car is a “seizure” for the purpose of the Fourth Amendment.

Police may not stop a car unless they have at least reasonable suspicion to
believe that law has been violated. However, in certain cases where special
law enforcement needs are involved, the Court allows police to set up
roadblocks to stop cars without individualized suspicion. In order to be valid,
the roadblocks must meet what standards? See Delaware v. Prouse, 440 U.S.
648 (1979); and see Indianapolis v. Edmond, 531 U.S. 32 (2000).

8. To have a Fourth Amendment right, a person must have a reasonable

expectation of privacy with respect to the place searched or the item seizure.
Discuss whether an individual has an expectation of privacy as an overnight
guest of the owner of the place searched. See Minnesota v. Olson, 495 U.S.
91 (1990).

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9. To be reasonable under the Fourth Amendment, most searches must be
pursuant a warrant. The requirement that the police obtain a warrant is a
check against unfettered police discretion. Discuss the warrant
requirements; i.e., what is required for a warrant to be valid?

10. There are six exceptions to the warrant requirement: (1) search incident to
a lawful arrest; (2) “automobile exception”; (3) plain view; (4) consent; (5)
stop and frisk; and (6) hot pursuit. Please discuss the automobile exception.
See Carroll v. United States, 267 U.S. 132 (1925).

11. The Fifth Amendment gives defendants rights against testimonial self-
incrimination. In order for confessions to be admissible, the Due Process
Clause of the Fourteenth Amendment requires that they be voluntary.
Voluntariness is assess by what factors? See Spano v. New York, 360 U.S.
315 (1959).

12. The Sixth Amendment provides that in all criminal prosecutions the
defendant has a right to the assistance of counsel. The right protects
defendants from having to face a complicated legal system without
competent help. Discuss whether the Sixth Amendment right to counsel is
violated when an undisclosed, paid government informant is placed in a
defendant’s cell, after defendant has been indicted, and the informant
deliberately elicits statements from the defendant regarding the crime for
which the defendant is indicted.

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13. In Miranda v. Arizona, 384 U.S. 436 (1966), the Fifth Amendment privilege
against compelled self-incrimination became the basis for ruling upon the
admissibility of a confession. A person in custody must, prior to
interrogation, be informed of what?

14. Competency to stand trial must be distinguished from the insanity defense.
Please discuss both and their differences. See Dusky v. United States, 362
U.S. 402 (1960).

15. The Sixth Amendment right to trial by jury applies to the states. An offense
is serious if imprisonment for more than six months is authorized, thereby
triggering a right to jury trial. Discuss, briefly, your opinion regarding the
jury system, keeping in mind there is no constitution right to a jury of 12, but
there must be at least six jurors. Even more, there is no right to a unanimous
verdict, except for Six-person juries.

16. The Sixth Amendment grants to the defendant in a criminal prosecution the
right to confront adverse witnesses. It is also applicable to the states. What
does “confront witnesses” mean?

17. The Due Process Clause requires in all criminal cases that the state prove
guilty beyond a reasonable doubt. The prosecution has the burden of proving
the elements of the crime charged. Although not mentioned in the
Constitution, the presumption f innocence is a basic component of a fair trial.
Discuss the difference between a permissive presumption and a mandatory
presumption.

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18. A guilty plea is a waiver of the Sixth Amendment right to jury trial. Discuss
your knowledge of plea bargaining and its disadvantages and advantages.

19. Discuss some Latin legal terms you have learned.

20. Discuss how this course changed your perception of the justice system in the
United States.

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