Wrong Procedural Posture
This trap appears as a wrong-answer choice in 12 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL9
- Evidence3
Example wrong choices
first 2014561_grand_jury_lantern_prints · CRIMINAL · Choice AGranted, because the assistant was acting as a police agent and the warrantless removal of the lantern was unconstitutional.
Why it's attractive
litigates agency instead of grand-jury timing
Why it's wrong
litigates agency instead of grand-jury timing
14561_grand_jury_lantern_prints · CRIMINAL · Choice CDenied, because the lantern was removed from Stephen's possession by a private citizen and not a police officer.
Why it's attractive
denies the motion for a private-citizen reason despite police persuasion
Why it's wrong
denies the motion for a private-citizen reason despite police persuasion
14561_grand_jury_lantern_prints · CRIMINAL · Choice DGranted, because, if there was no probable cause, the grand jury should not consider the evidence.
Why it's attractive
adds a probable-cause condition to grand-jury evidence
Why it's wrong
adds a probable-cause condition to grand-jury evidence
14826_mary_scooter_fundraiser_bias · EVIDENCE · Choice Aimproper, because Lydia has not been given an opportunity to explain or deny the incident.
Why it's wrong
Choice A is not the credited answer for this item.
14826_mary_scooter_fundraiser_bias · EVIDENCE · Choice Bproper, because it tends to show Lydia's violent character.
Why it's wrong
Choice B is not the credited answer for this item.
14826_mary_scooter_fundraiser_bias · EVIDENCE · Choice Dimproper, because impeachment cannot properly be by specific instances of conduct.
Why it's wrong
Choice D is not the credited answer for this item.
14829_daniel_retreat_supply_room_confession · EVIDENCE · Choice AThe court may grant or deny the request, because preliminary admissibility hearings are generally within the court's discretion as to whether the jury hears them.
Why it's attractive
The answer treats the hearing as generic even though the stem says confession.
Why it's wrong
The answer treats the hearing as generic even though the stem says confession.
14829_daniel_retreat_supply_room_confession · EVIDENCE · Choice BThe court should deny the request and admit the statement, because Daniel's own statement offered against him is an opposing-party statement.
Why it's attractive
The answer talks about hearsay status but skips the Miranda hearing request.
Why it's wrong
The answer talks about hearsay status but skips the Miranda hearing request.
14829_daniel_retreat_supply_room_confession · EVIDENCE · Choice DThe court should deny the request and rule the statement inadmissible, because only signed confessions may be used in criminal trials.
Why it's attractive
The answer invents a signature requirement.
Why it's wrong
The answer invents a signature requirement.
18357_journaling_receipts · CRIMINAL · Choice BNo, because Naomi was not questioned in a police station.
Why it's attractive
The choice invents a location requirement.
Why it's wrong
The choice invents a location requirement.
18385_rebecca-cell · CRIMINAL · Choice CYes, because Rebecca was in custody and no Miranda warnings were given
Why it's wrong
Choice C is not the credited answer for this item.
18415_daniel_relief_truck_cashbox · CRIMINAL · Choice AThe confession is admissible because promises of leniency are always permitted interrogation tactics.
Why it's wrong
Choice A is not the credited answer for this item.
18415_daniel_relief_truck_cashbox · CRIMINAL · Choice BThe confession is admissible because Daniel received Miranda warnings before questioning.
Why it's wrong
Choice B is not the credited answer for this item.
18415_daniel_relief_truck_cashbox · CRIMINAL · Choice CThe confession is inadmissible only if Daniel was physically harmed.
Why it's wrong
Choice C is not the credited answer for this item.
18601_lydia_choir_hall_duffel · CRIMINAL · Choice ANo, because public safety applies only to firearms, not incendiary devices.
Why it's attractive
The answer invents a firearm-only limit even though the stem gives the same immediate danger from a device.
Why it's wrong
The answer invents a firearm-only limit even though the stem gives the same immediate danger from a device.
18601_lydia_choir_hall_duffel · CRIMINAL · Choice CYes, because emergency questioning waives all later Miranda rights.
Why it's attractive
The answer turns a limited emergency exception into a blanket waiver.
Why it's wrong
The answer turns a limited emergency exception into a blanket waiver.
18601_lydia_choir_hall_duffel · CRIMINAL · Choice DNo, because custodial interrogation always requires warnings before any question.
Why it's attractive
The word always ignores the public-safety exception.
Why it's wrong
The word always ignores the public-safety exception.
18884_naomi_loading_hall_photo · CRIMINAL · Choice ANo, because eyewitness identifications are always for the jury to weigh.
Why it's attractive
The word always erases the due-process pretrial screen for police-arranged suggestiveness.
Why it's wrong
The word always erases the due-process pretrial screen for police-arranged suggestiveness.
19833_camp_shed_sentencing · CRIMINAL · Choice ACounsel was required only until the jury returned its guilty verdict.
Why it's attractive
This choice creates an endpoint at the verdict, but the Gold Key says sentencing is still a critical stage.
Why it's wrong
This choice creates an endpoint at the verdict, but the Gold Key says sentencing is still a critical stage.
19833_camp_shed_sentencing · CRIMINAL · Choice BCounsel was unnecessary because Timothy had counsel during trial.
Why it's attractive
The choice points to trial counsel, but the call's live fact is counsel at sentencing.
Why it's wrong
The choice points to trial counsel, but the call's live fact is counsel at sentencing.
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