Criminal Law & Procedures Flashcards
7 cards from real CLEET practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Criminal Law & Procedures flashcards as text
Under the Fourth Amendment, a 'stop and frisk' is legally justified when an officer has:
Answer: Reasonable articulable suspicion of criminal activity
Terry v. Ohio established that reasonable articulable suspicion—not probable cause—is the standard for a brief investigatory stop and pat-down.
Which doctrine allows evidence obtained in violation of the Fourth Amendment to be excluded from trial?
Answer: Exclusionary rule
The exclusionary rule bars evidence obtained through unconstitutional searches or seizures from being used in a criminal prosecution.
A person is considered 'in custody' for Miranda purposes when:
Answer: A reasonable person would not feel free to leave
Miranda custody is determined by whether a reasonable person in the circumstances would feel free to terminate the encounter and leave.
The corpus delicti rule requires that before a confession can be admitted, the prosecution must:
Answer: Establish independent evidence that a crime occurred
Corpus delicti ('body of the crime') requires independent corroborating evidence that the crime actually occurred before a defendant's confession can be used.
Under Oklahoma law, which of the following best describes 'first-degree manslaughter'?
Answer: Killing in the heat of passion upon adequate provocation
First-degree manslaughter in Oklahoma includes killings committed in the heat of passion caused by adequate legal provocation, distinguishing it from murder.
Which constitutional amendment protects individuals from being tried twice for the same offense?
Answer: Fifth Amendment
The Double Jeopardy Clause of the Fifth Amendment prohibits trying a person twice for the same crime after acquittal or conviction.
When an officer makes a warrantless entry into a home to render emergency aid, this is justified under which exception?
Answer: Exigent circumstances — emergency aid
The emergency aid exception to the warrant requirement allows warrantless entry when officers reasonably believe someone inside needs immediate assistance.