Factual Overlap Substituted For Offense Identity
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
17196_winepress-lever · CRIMINAL · Choice BNo, because the right to counsel had attached to the battery charge and the statements arose from the same criminal episode.
Why it's attractive
True premises (counsel on battery; same episode) but omits the dispositive element that the right is offense-specific.
Why it's wrong
True premises (counsel on battery; same episode) but omits the dispositive element that the right is offense-specific.
17196_winepress-lever · CRIMINAL · Choice CYes, the statements are admissible, because Stephen waived his Sixth Amendment right by answering after receiving Miranda warnings.
Why it's attractive
Reaches 'admissible' but on a false ground: no Sixth Amendment right to the murder existed to be waived.
Why it's wrong
Reaches 'admissible' but on a false ground: no Sixth Amendment right to the murder existed to be waived.
17196_winepress-lever · CRIMINAL · Choice DNo, because the detective deliberately framed the questions around the same incident to circumvent the Sixth Amendment.
Why it's attractive
Imports deliberate-elicitation/circumvention; the call turns on attachment, not police strategy.
Why it's wrong
Imports deliberate-elicitation/circumvention; the call turns on attachment, not police strategy.
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