STUVIA 2024/2025
CRJ 400 Criminal Procedure Exam 1
1. bail (parents or guardians are responsible for ensuring the juveniles appearance in court)
2. speedy trial rights under the 6th amendment (juvenile codes provide for speedy processing)
3. jury trial (the purpose of juvenile court is to rehabilitate, not punish) - ✔✔What are the three
protections that do not accrue to juveniles in juvenile court?
1. judge
2. interprets the law
3. decides what law applies
4. determines admissibility of evidence - ✔✔6IJ for alleged crime: What is an arbiter of law?
1. Jury (or if it's bench or non-jury trial, it's the judge)
2. determines credibility of witness
3. determines weight of the evidence
4. renders the verdict - ✔✔6IJ for alleged crime: What is a trier of fact?
1. SC is limited to case or controversy; they can only decide issues articulated by parties
2. SC wanted to consider each clause separately - ✔✔14: For what two reasons was total
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incorporation rejected by the US SC?
1. the evidence was insufficient to support the verdict
2. violation of the defendants speedy trial rights
3. gross prosecutorial misconduct - ✔✔5DJC. What three reversible errors will trigger the double
jeopardy clause?
1. venire enters courtroom
2. judge conducts general voir dire
3. individual voir dires are interviewed
4. asks attorney for motion
5. strikes for cause
6. attorneys can exercise peremptory challenges
7. once sworn in, speedy trial clock stops - ✔✔6IJ: Describe the jury selection process
180 days if defendant is in jail
365 days if defendant is free on bail - ✔✔6ST. Speedy trial rules in PA?
1st right to peaceably assemble
3rd proscription against quartering soldiers
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4th protection from unreasonable searches and seizures
5th right to remain silent
6th attorney/client privilege
9th unenumerated right - ✔✔Where in the BOF may we find an enumerated right to privacy?
4th, 5th, 6th, 8th are 14th to state courts - ✔✔Selective incorporation in federal courts are what to
state courts
6th amendment doesn't tell us - ✔✔6IOC: When do you have the right to be informed of the
charges?
a defendant cannot be retried for that crime in that jurisdiction (can be retried in federal or military
courts) - ✔✔5DJC. What is the classic application of the double jeopardy clause?
a defendant's or lawyer's objection to a proposed juror made without needing to give reason -
✔✔6IJ: Peremptory challenges?
ALL critical stages of the prosecution - ✔✔The right to have the assistance of counsel applies in
all rights are inherent in the people; if we make a written list, we will forget some things therefore it is
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limiting them - ✔✔Why did James Madison originally oppose Bill of Rights
anything that isn't verbal or written (fingerprints) - ✔✔5CC. To what kinds of evidence does this
clause NOT apply?
because the US SC is constantly interpreting what the amendments in the BOR mean - ✔✔Why will
selective incorporation never end?
criminal proceedings; not in a civil arena - ✔✔5CC. To what proceedings does the compulsion
clause/right to remain silent apply?
death penalty in and of itself is not unconstitutional but the manner of execution might be -
✔✔8CAUPC: What does the US SC say about the constitutionality of the death penalty?
defendant chooses between 6-12 jurors - ✔✔6IJ: How many jurors are there and who decides this?
delays caused by the defendant - ✔✔6ST. What is excludable time?
did impact the verdict; conviction will be overturned - ✔✔5DJC. Reversible error?
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