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WorksheetsCrim Pro2 Quiz 1
Total questions: 36
Worksheet time: 34mins
(a) is important because in a trial there will be at least 1 witness who has to identify the accused as the perpetrator of the alleged crime.
Which case is controlling for in court identification? (a)
Live Line up
LEO present a group of individuals & ask to identify a person
Show up
W is shown just 1 person who committed the crime
Photo Spread
LEO ask W's to look thru a series of photos to identify a person
In Court Identification
W is asked to id the perpetrator during a court proceeding
A post-indictment, pretrial (a) at which the accused is exhibited (meaning the accused is there in a live line-up) to be (b) by (c) which is a (d) of the criminal prosecution.
If the police conduct a live lineup without notice to the counsel and in the absence of his counsel, will this deny the accused his 6th and 14th right to counsel?
Yes
No
It Depends
Does the 6th Amendment attach to the accused at the initiation of the adversary judicial criminal proceedings (i.e. formal charge is an indictment, a preliminary hearing)?
Yes
No
It depends
If a live line up is done after arraignment without the D’s atty being notified so s/he can be present is a violation of due process
True
False
During a pre-indictment live line up which is conducted at the investigative stage, there is no 6th amendment violation
True
False
It Depends
The 6th Amendment right to counsel does not attaches to the accused at the initiation of the adversary judicial criminal proceedings (i.e. by way of formal charge, preliminary hearing, indictment, information, or arraignment)
True
False
It Depends
A (a) pretrial lineup at which the (b) is exhibited to identifying witnesses is a (c) of the criminal prosecution
The (a) can bring their W in and show a photo line up and the D counsel does not have to be (b) and does not have a right to be present and there would not be a (c) of the 6th Amendment
A show up is where the W is shown just one person, not a group, and asked if that is the person who committed the crime. This would not be a violation of the 6th Amendment
True
False
It depends on the circumstances
(a) = a critical stage of the criminal prosecution and the defendant is entitled to have their counsel present at (b) under the Sixth Amendment
(c) = after someone has been accused of a crime, but before a (d) agrees with the prosecutor that there is enough evidence or testimony that the charges are warranted.
In court (a) should be challenged if you believe there was an unnecessary (b) identification of your D out of court so you file a (c) the in court identification to prevent that W from coming to court getting on the W stand and (d) at your D saying s/he did it.
When a (a) is filed by the defense you have to be prepared to argue Neil v. Biggers to (b) the in court identification. However, if you are the (c) be prepared to argue the admissibility of the (d) taking the stand to do an in court identification under Neil v. Biggers.
Neil v. Biggers applies to everything concerning identification by a W of the accused
True
False
What are the factors the court looks at concerning identification
The opportunity of the W to view the criminal or alleged criminal at the time of the crime
The W degree of attention
The accuracy of the description
The level of certainty demonstrated by the witness at confrontation
The length of time between the crime and the confrontation
The Neil v. Biggers Factors are judged by the (4 words) (a) .
An unnecessarily suggestive identification violates due process only if the police are involved in creating the suggestive identification procedure
True
False
The government/state/DA has wide discretion to bring a prosecution or not to bring a prosecution.
True
False
The formal charging instrument is a Grand Jury (a) which is based on (b)
A Grand Jury indictment can be based on hearsay
True
False
Preliminary hearings are based on hearsay
True
False
A D CANNOT be put in jeopardy 2 times for the same offense this includes being prosecuted twice for the same offense and sentenced twice by the prosecution twice for the same offense
True
False
When is probable cause determined?
by the grand jury
during a preliminary hearing
during the investigative phase of the case
during show ups
The trial court is not going to act as a supervisor to review what type of evidence was presented at the GJ in order to determine whether it was sufficient to support the indictment.
True
False
The judge does not have any power over the (a) . So the judge has to wait for the prosecution to present its (b) and when the prosecution rests then the judge can say this evidence does not rise to the level and the prosecution has not presented a prima facie case and I will not allow the case to go to the (c) . The judge can grant a (d) (which is similar to a motion for a summary judgment in civil court). This is when (e) attaches. Case is done and over with.
What does the prosecution NOT have to present to the grand jury
all of their evidence
exculpatory evidence
enough evidence to get a probable cause determination
What is true about the D concerning the grand jury?
D has no right to be present
D has no right to have a atty present
just b/c a D makes a request to appear before the GJ the prosecution does not have to grant the D’s request
if D is indicted by the GJ there is no duty to immediately tell the D
The Double Jeopardy Clause of the 5th Amendment provides which protections
It protects against a 2nd prosecution for the same offense after acquittal
It protects against a 2nd prosecution for the same offense after conviction
It protects against multiple punishments for the same offense
Choose when double jeopardy attaches and the prosecution cannot re-try the case
there is a final verdict
mistrial
hung jury
judge grants an acquital
when the government "goads" the D into moving for a mistrial
if the case was dismissed based on insufficiency of evidence jeopardy would have attached b/c the dismissal was based on the merits of the case and its evidence so jeopardy would have attached and the government could not have appealed
True
False
A verdict is final, ONLY the D would have a right to appeal a verdict not the government
True
False
What is true about the Blockburger test
A single criminal act can lead to multiple charges
A double jeopardy violation occurs only if the D is retried for the same offense
double jeopardy bars successive prosecutions for greater – and lesser – included offenses if all the elements of the lesser offense are included in the elements for the greater offense
Can collateral estoppel be used when a jury has determined that a D was not a party to the crime but the prosecution wants to try the D for the same transaction/occurrence with different V's?
Yes
No
even if the judge is wrong (using the law wrong) in granting an acquittal, the government cannot appeal the case and double jeopardy attaches to the D
True
False
