Crim Pro (MCs)

The constitutional right to counsel at probation-revocation proceedings is not absolute.  However, the right is triggered in two circumstances:

-due process: if the person (1) denies committing the alleged violation or (2) asserts that complex reasons justified or mitigated it

-if a sentence for the underlying offense (1) has not been imposed and (2) will be imposed if the probation is revoked (6A)

critical stages after prosecution has commenced for 6A right of counsel to attach

• Interrogations & lineups

• Preliminary hearings & arraignments

• Plea negotiations & hearings

• Trial & sentencing

• Appeals

Persons have __ legitimate expectation of privacy in financial records maintained by a bank.  As a result, police _ need a warrant to obtain such records.

no; do not

Statements taken without the issuance of Miranda warnings _______ be used directly against a criminal defendant in deciding ultimate issues of guilt or innocence. However, such statements ____ be used for the limited purpose of impeaching a criminal defendant's inconsistent testimony if the statements were voluntary and trustworthy

Cannot; can

Due process requires that the government prove every element of a criminal offense (e.g., criminal contempt) beyond a reasonable doubt.  This means that the burden of proof may not

be placed upon a defendant to negate an element of the offense.