Constitutional Rights Require Active Resistance To Preserve
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
22286_lineup-counsel-timothy · CRIMINAL · Choice ANo, because any taint from the lineup procedure has been purged by the victim's subsequent in-court identification of Timothy.
Why it's attractive
The call asks about the objection to the identification. This choice talks about lineup composition, which is a due process issue, not the 6th Amendment right-to-counsel issue the stem raises.
Why it's wrong
The call asks about the objection to the identification. This choice talks about lineup composition, which is a due process issue, not the 6th Amendment right-to-counsel issue the stem raises.
22286_lineup-counsel-timothy · CRIMINAL · Choice BNo, because the lineup was composed of five other men who were approximately the same height, build, and hair color as Timothy.
Why it's attractive
The 'purged taint' rule is real, but here the in-court ID was just a repeat of the lineup ID — no independent source.
Why it's wrong
The 'purged taint' rule is real, but here the in-court ID was just a repeat of the lineup ID — no independent source.
22286_lineup-counsel-timothy · CRIMINAL · Choice DYes, because Timothy's refusal to participate in the lineup was overcome by a threat.
Why it's attractive
The law does NOT require a prisoner to resist authority to preserve constitutional rights. The threat doesn't create a waiver.
Why it's wrong
The law does NOT require a prisoner to resist authority to preserve constitutional rights. The threat doesn't create a waiver.
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