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Questions and Answers
What did the Supreme Court state about the lineup procedure in Stovall v. Denno?
What did the Supreme Court state about the lineup procedure in Stovall v. Denno?
- It was fair and unbiased.
- It was designed to provide equal opportunity for all defendants.
- It was in compliance with due process of law.
- It was unnecessarily suggestive and conducive to irreparable mistaken identification. (correct)
According to Palko v. Connecticut, what is the fundamental purpose of the Bill of Rights?
According to Palko v. Connecticut, what is the fundamental purpose of the Bill of Rights?
- To allow arbitrary convictions.
- To protect basic values implicit in the concept of ordered liberty. (correct)
- To limit individual rights.
- To infringe on personal liberties.
What does double jeopardy protect individuals against?
What does double jeopardy protect individuals against?
- Being tried twice in the same court for the same crime after a verdict is given. (correct)
- Being tried twice for different crimes in the same court.
- Being acquitted and then tried again for the same crime in a different court.
- Being convicted and then retried for a different crime.
What was the outcome of the case Sheppard v. Maxwell (1966) with regards to the media's influence on trials?
What was the outcome of the case Sheppard v. Maxwell (1966) with regards to the media's influence on trials?
Under what circumstances does double jeopardy not apply?
Under what circumstances does double jeopardy not apply?
How did the Supreme Court address the conflict between fair trial rights and freedom of press in Nebraska Press Association v. Stuart (1976)?
How did the Supreme Court address the conflict between fair trial rights and freedom of press in Nebraska Press Association v. Stuart (1976)?
Can an accused person be tried in both state and federal courts for different charges arising from the same crime?
Can an accused person be tried in both state and federal courts for different charges arising from the same crime?
According to the Supreme Court, what may not inevitably prevent the holding of a fair trial even with pervasive pretrial publicity?
According to the Supreme Court, what may not inevitably prevent the holding of a fair trial even with pervasive pretrial publicity?
In what scenario can an individual be tried in both a criminal court for a crime and a civil court for liability without violating double jeopardy?
In what scenario can an individual be tried in both a criminal court for a crime and a civil court for liability without violating double jeopardy?
Why did the Supreme Court in Nebraska Press Association v. Stuart (1976) refuse to ban courtroom orders outright?
Why did the Supreme Court in Nebraska Press Association v. Stuart (1976) refuse to ban courtroom orders outright?
Why did the press contest the continued use of gag orders by courts following the Sheppard v. Maxwell case?
Why did the press contest the continued use of gag orders by courts following the Sheppard v. Maxwell case?
Why does the right to a 'fair' trial sometimes conflict with the desire for a free press according to the text?
Why does the right to a 'fair' trial sometimes conflict with the desire for a free press according to the text?
What is one of the important rights granted by the Sixth Amendment?
What is one of the important rights granted by the Sixth Amendment?
What must a suspect do to invoke the right to remain silent?
What must a suspect do to invoke the right to remain silent?
How did the Supreme Court rule regarding a suspect's voluntary statement after remaining silent?
How did the Supreme Court rule regarding a suspect's voluntary statement after remaining silent?
What did the Court find regarding a suspect's silence in invoking the right to remain silent?
What did the Court find regarding a suspect's silence in invoking the right to remain silent?
Why is informing a suspect of their rights, including the right to counsel, important for police officers?
Why is informing a suspect of their rights, including the right to counsel, important for police officers?
What has been a common subject of cases heard by the Supreme Court regarding the right to counsel?
What has been a common subject of cases heard by the Supreme Court regarding the right to counsel?
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Study Notes
- Conflict exists between the desire for a free press and the criminal justice system's need to ensure suspects receive a fair trial, as seen in cases like Sheppard v. Maxwell and Nebraska Press Association v. Stuart.
- The Fifth Amendment protects individuals against double jeopardy, meaning they cannot be tried twice in either federal or state court for the same crime after a verdict is given, with exceptions for mistrials, trial errors, and hung juries.
- The right to remain silent under Miranda warnings was upheld in Berghuis v. Thompkins (2010), clarifying that silence alone does not invoke the right, and a suspect must explicitly state it.
- The Sixth Amendment guarantees several rights, including the right to a speedy trial, trial by jury, public trial, confrontation of witnesses, and the right to counsel, which is critical in ensuring fairness in the criminal justice system.
- The Supreme Court has emphasized the challenge of balancing the Sixth Amendment's right to a fair trial with the First Amendment freedom of the press, particularly in cases involving pretrial publicity and media impact on the accused's interests.
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