Dismissal Remedy Overclaim
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
18352_hymnal_inventory_lineup · CRIMINAL · Choice ASuppress both identifications and dismiss the burglary charge because the prosecution cannot proceed without the eyewitness.
Why it's attractive
Dismissal is a bigger remedy than the motion-to-suppress problem asks for.
Why it's wrong
Dismissal is a bigger remedy than the motion-to-suppress problem asks for.
18352_hymnal_inventory_lineup · CRIMINAL · Choice CSuppress only the lineup identification; permit the courtroom identification because it is independent of the lineup.
Why it's attractive
It treats a weak two-second view of a stranger as a clean source.
Why it's wrong
It treats a weak two-second view of a stranger as a clean source.
18352_hymnal_inventory_lineup · CRIMINAL · Choice DDeny the motion as to both identifications because an honest police mistake in arranging a lineup does not trigger suppression.
Why it's attractive
Honest mistake does not answer a post-indictment counsel violation.
Why it's wrong
Honest mistake does not answer a post-indictment counsel violation.
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