The most effective way to ace your criminal procedure exam is to approach each question in a methodical way. That means, having at your fingertips a checklist of issues to consider for each exam hypothetical you encounter. The easy way to do this is to distill your criminal procedure outline down to a 1-2 page attack outline. Because I want you all to ace your crim pro exam, I’ve already done the hard work for you. So go ahead and save my free 2-page criminal procedure attack outline today. It’s the very same attack sheet I used to ace my crim pro I exam.
Due Process Clause/Totality of Circumstances Test
- Did the interrogation overbear the will of the suspect under the totality of circumstances?
- If yes, all statements/fruits are inadmissible in the prosecution’s case in chief and for impeachment.
- Was there custody + interrogation?
- Were the warnings adequate?
- Was there a valid waiver (i.e., voluntarily, knowingly, intelligently)?
- Did the suspect invoke his right to counsel, or right to remain silent?
- Do any exceptions apply?
- Are there any testimonial or physical fruits regarding the case in chief or impeachment?
Sixth Amendment Test
- Did the suspects right to counsel attach (i.e., criminal adversarial proceeding + critical stage)?
- Did the police deliberately elicit incriminating information from the suspect without a lawyer present?
- Was there a valid waiver?
- Are there any testimonial fruits regarding the case in chief or impeachment?
Lineups, Showups, & Identification Procedures
14th Amendment/Due Process Clause Standard
- Applies to photo identification & corporeal identification procedures (both pre-indictment and post-indictment).
- Was the out of court identification of the defendant, under the totality of circumstances: (1) unnecessarily suggestive; and (2) conductive to mistaken identification?
- If yes, excluded at trial (hard standard to meet).
6th Amendment Standard
- Applies only to post-indictment corporeal procedures.
- Criminal adversarial proceedings + critical stage analysis.
- Was the attorney present?
- Was there a valid waiver?
- If denied counsel at lineup/showup, prosecutor cannot obtain in-court identification of the accused by the witness, unless the prosecutor proves by clear and convincing evidence that the in-court identification is not a fruit of the tainted out of court identification.
Search & Seizure
- Has there been government conduct?
- Was there a search that violated an individual’s reasonable expectation of privacy?
- Was there probable cause and/or a warrant?
- Was the warrant complied with?
- Was there an exception to the warrant requirement?
- If there was a violation, does the exclusionary rule apply?
- Are there any fruits?
If you understand the material associated with each bullet point reflected in this crim pro attack outline, then you already know everything you need to know to ace your crim pro I exam.
Now, all you have to do is apply your knowledge to each exam question by following the steps outlined in the attack sheet.
But as good as this attack outline is, I recommend that you take at least one practice exam prior to your final exam. This will give you the opportunity to work with the attack outline and hone your test-taking skills.
All the best,
P.S. The Paperback version of my best-selling Criminal Procedure outline is now available on Amazon for only $14.99. Get your copy today so you can learn crim pro the easy way.