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  • Crim Proc - Rule Statements

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    marlena
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    The document outlines several key constitutional law rules and standards of review. It discusses fundamental individual rights guaranteed in the Constitution such as the right to travel, vote, and privacy. It also describes the intermediate scrutiny standard of review and when it applies. Additionally, it notes that Miranda warnings are not required for undercover interrogations if it is not considered custodial, and that double jeopardy is not violated if a mistrial is declared due to a hung jury and the defendant is retried.

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    Criminal procedure rule statements for MBE

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    The document outlines several key constitutional law rules and standards of review. It discusses fundamental individual rights guaranteed in the Constitution such as the right to travel, vote, and privacy. It also describes the intermediate scrutiny standard of review and when it applies. Additionally, it notes that Miranda warnings are not required for undercover interrogations if it is not considered custodial, and that double jeopardy is not violated if a mistrial is declared due to a hung jury and the defendant is retried.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    12 views1 page

    Crim Proc - Rule Statements

    Uploaded by

    marlena
    The document outlines several key constitutional law rules and standards of review. It discusses fundamental individual rights guaranteed in the Constitution such as the right to travel, vote, and privacy. It also describes the intermediate scrutiny standard of review and when it applies. Additionally, it notes that Miranda warnings are not required for undercover interrogations if it is not considered custodial, and that double jeopardy is not violated if a mistrial is declared due to a hung jury and the defendant is retried.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    CONSTITUTIONAL LAW RULES

    WHAT INDIVIDUAL Right to travel;


    FUNDAMENTAL RIGHTS Right to vote;
    ARE GUARANTEED IN THE Right to privacy
    CONSTITUTION?

    INTERMEDIATE SCRUTINY Court must determine: Is the law substantially related to an important govt
    STANDARD OF REVIEW interest?
    Intermediate scrutiny applies to legitimacy, and gender classifications.

    MIRANDA WARNINGS NOT Suspect is not aware that he is being “interrogated” by an undercover cop. Even if
    REQUIRED WHEN… UC’s statements are likely to elicit an incriminating response and constitute an
    interrogation; because it’s not custodial, miranda warnings aren’t required.
    Inculpatory info disclosed by suspect can be used against him in later criminal
    proceeding.

    DOUBLE JEOPARDY If a mistrial is declared due to a hung jury, the deft may be retried. The retrial does
    not violated 5th Am. against double jeopardy.

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