c. Most defendants plead guilty anyway 924(c). The constitutionally guaranteed protection against ________ is designed to ensure that a person who has been convicted or acquitted of a crime is not tried or punished for the same offense more than once. A probable cause hearing is a critical stage in a criminal proceeding at which an indigent defendant is entitled to court-appointed counsel, so the court must take appropriate action to secure defendant's right to counsel (or waiver). a. Reasonable The reasons for grand jury secrecy include each of the following, EXCEPT to: Which of the following is NOT a reason for grand jury secrecy? Gathering additional evidence to be used against the accused This pretrial activity is held to prevent "hast, malicious, improvident, and oppressive prosecutions." An officer shoots a suspect who charges at him with a large knife C. An officer responding to an emergency call is hit by another vehicle, causing serious injuries to the other occupants. If the prosecution fails to disclose exculpatory evidence, it violates: In response to many defendants' inability to post bail, professional ________ have stepped in. e. All of the above, Grand jury indictments will be the charging mechanism of choice when: Which of the following is an unacceptable reason for delaying a probable cause hearing? a. d. Nolo contendere, Which of the following are activities associated with booking? Stops and frisks are considered ________ acts. d. The Eighth, Which of the following is NOT true about a public trial? According to the Supreme Court, the defendant is protected by which constitutional amendment(s) during the plea bargaining process? b. Guilty a. e. All of the above, Appeals are most commonly filed by the: The hearing is usually referred to as a "preliminary hearing" or a "probable cause hearing". a. a. d. A mere conversation between police officers designed to elicit an incriminating response. The prosecution is limited in terms of what it can discover. d. Formal charge The Supreme Court has sanctioned school disciplinary searches for grades: Held that license and safety checkpoints could be constitutional. The exception to Miranda exists if a threat exists to third parties. b. U.S. citizens. c. The reasonableness and warrant clauses. Some states shorten the window, requiring a probable cause hearing within 24 hours of arrest. The initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. a. d. Murders, If a prosecutor's decision to bring charges is discriminatory in nature, this is known as: c. Photographic array d. All of the above. e. All of the above, With regard to the right to confrontation, the defendant must be physically present and: In which case did the Supreme Court sanction drug dog sniffs in public schools? Fail to file official documents. c. They permit quick disposal of cases Answer to Question 1 If an arrest warrant is issued based on a judge's determination as to whether probable cause existed. b. When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. The concept of probable cause comes from the Fourth Amendment to the U.S. Constitution. b. Dangerousness d. All of the above, A guilty plea is intelligent if it is: c. Subjected to separate punishments for the same offense. d. All of the above PP, Which of the following statements is true concerning discovery? Legislative Whether or not the prosecutor intended for the charge to be selective Prosecution that impacts certain groups (e.g., minorities. Private admonition or reprimand b. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be searched." It must be based in fact The Sixth The reason for being detained on criminal charges is explained Waiting for the presence of the arresting officer Fifth It was also decided to change the total estimated service life of the building from 30 years to 40 years, with no change in the estimated salvage value. a. c. Risk of flight a. a. A) there is probable cause to formally charge the defendant with the crime. d. Both the executive and judicial, Prosecution that impacts certain groups (e.g., minorities. Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. The court typically will schedule the probable cause hearing no more than two or three weeks . Lawsuits where people seek monetary compensation are called suits. A)They may not give the defense adequate time to prepare. c. 50 c. When two separate criminal acts are tied together in some fashion Since some larger sets weigh nearly 300 pounds, the company's safety inspectors have set a standard of ensuring that the stands can support an average of over 500 pounds. What are the causes and consequences of instability in the economy? d. Federal judicial circuits, The right to an impartial jury stems from which constitutional amendment? d. All of the above P. Which of the following are types of remedies? d. 6, In which case did the Supreme Court declare that protection against double jeopardy is a fundamental right? Which of the following is NOT a valid plea that can be entered at arraignment? 6 a. Hernandez will continue to be held without bail pending the probable cause hearing, which . The Fourth Amendment contains which two basic clauses? If a defendant is charged with an offense other than a petty offense, a magistrate judge must conduct a preliminary hearing unless: (1) the defendant waives the hearing; (2) the defendant is indicted; (3) the government files an information under Rule 7 (b) charging the defendant with a felony; Prisoners can help each other in preparing petitions. If the sample of stands fails to pass this safety test, the inspectors will not certify the product for sale to the general public. They may not give the defense adequate time to prepare c. Asking a question that is reasonably likely to elicit an incriminating response. Accept the plea without advising the defendant of his or her rights a. In the wake of Terry v. Ohio, the Supreme Court has handed down a number of decisions that have: Which of the following can be considered characteristics of drug couriers? c. The defendant's prior criminal record The Fourteenth Amendment Section 1983 if they: Adopt policies that lead to constitutional rights violations. The first is a probable cause hearing for whether or not a complaint will issue at all. Notice of Motion. By requiring live witness testimony The act of reasonable suspicion occurs after an officer has made an initial decision to pursue some action or action that may lead to some action or arrest. Effective cybersecurity practices arise out of cultures of prevention, active defense, risk management, and sharing best practices. c. Protection from double jeopardy Reversal In 2021, the company decided to change the method of computing depreciation to the straight-line method for the equipment, but no change was made in the estimated service life or salvage value. When they execute the warrant, there is a bartender and eighteen customers. c. Ibid e. All of the above, Grand jury proceedings are: c. Of a certain age Alleged criminal conduct without formal charge Netincome(inthousands)Weightedaveragenumberofsharesoutstanding(inthousands)BasicDiluted2013$1,456,091702,987713,4562012$1,200,472687,910699,012. a. d. Private admonition or reprimand Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to: c. d. All of the above, Which of the following are rights enjoyed by people who are under grand jury investigation? c. 3 In civil proceedings d. All of the above U, Which of the following is NOT type of identification procedure? The initial appearance is sometimes called a(n): Which of the following occur at the initial appearance in a criminal case? b. Nolo prosequi Which description is not particularly described? a. c. The Sixth "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be searched." a. And if it is established during the suppression hearing that the police officer who requested the affidavit of probable cause committed perjury or a "reckless disregard for the truth" regarding a statement on which the probable cause finding was based, then the search warrant may be deemed invalid and any resulting physical evidence may be . In which case did the Supreme Court hold that the accused is entitled to protection against procedures so unnecessarily suggestive and conducive to irreparable mistaken identification as to amount to a due process violation? A defendant who has been released from custody before a probable cause determination is made and who is able to establish that the pretrial release conditions are a significant restraint on his or her liberty may file a written motion for a nonadversary probable cause determination setting forth with specificity the items of significant restraint d. There is never a time it is best resolved. For an officer to make a warrantless arrest for a misdemeanor, A. The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment. 1 Exclusion of evidence seized during the illegal arrest 2 Removal of the arrest from the record 3 Possibly a civil lawsuit for damages (usually only when an arrestee was physically hurt) Timing for Probable Cause Hearings Prompt action can be important for probable cause hearings. Tap again to see term . a. The Fourth only becomes selective when it is: a. See Gerstein v. Pugh, 420 U.S. 103 (1975) (due process does not require full probable cause hearing); State v. Lester, 294 N.C. 220 (1978) (no equal protection violation by practice of holding probable cause hearings for some defendants but not Usually, it has been perceived either as an irrational behavior, or a constrained behavior caused by the imperfect market. Which of the following is NOT considered a criminal proceeding? The right to a grand jury indictment appears in the Sixth Amendment. For this reason, integrating cybersecurity into all phases of development and ensuring full life-cycle cybersecurity are critical for space systems. A person has been taken into custody.. d. All of the above, Which of the following is/are constitutional rights enjoyed during the sentencing phase? The prosecution can learn about aspects of the defense's case. Sixth Amendment's right to counsel clause c. 18 The present study surveyed judges on the following six standards: 1) reasonable articulable suspicion; 2) probable cause; 3) preponderance of the evidence; 4) substantial probability; 5) clear and convincing evidence; and 6) beyond a reasonable doubt. a. an inability to speak in short sentences by the age of 3 years. c. Prosecutor offers reduction in sentence a. Entrapment Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations? b. Showup Prosecutor offers reduction in charges a. a. U.S. citizens No hearing to determine probable cause after such an arrest is necessary because it would be redundant. The purpose of the hearing is twofold: to determine that a crime has been committed and that the defendant committed it. Equipment,estimatedservicelife,5years;salvagevalue,$15,000Building,estimatedservicelife,30years;nosalvagevalue$525,000$693,000. Which of the following, by itself, will automatically render a confession involuntary? The Court supports it unequivocally c. Whether or not the prosecutor's decision to prosecute was arbitrary According to Strunk v. United States, the appropriate remedy for a violation of the Sixth Amendment right to a speedy trial is. According to Pennsylvania Criminal Code ( Rule 509, Use of Summons or Warrant of Arrest in Court Cases ), the issuing authority is responsible for issuing a summons to appear for "cases in which . d. Vindictive prosecution, According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual? Results from physical and/or mental evaluations a. b. c. Saves judicial resources Pro bono d. Preliminary hearing, If the prosecution fails to disclose exculpatory evidence, it violates: All persons in the lineup have the same physical characteristics. a. a. Access to trial transcripts. Discovery that work both ways is known as: With regard to discovery, prosecution or defense strategy is also referred to as: If the prosecution fails to disclose exculpatory evidence, it violates: The prosecution is only bound to disclose exculpatory evidence that would have what probability of changing the outcome of the case? Custody is defined by the Supreme Court as: A person has been deprived of his freedom of action in any significant way. e. All of the above N. What is the appropriate level of proof for showing a valid Miranda waiver? Whether or not the prosecutor intended for the charge to be selective Which of the following is an argument against speedy trials? Amador v. c. Unavailability of a magistrate Counties Accidental Criminal cases in which the penalty for a single offense exceeds six months. For Fourth Amendment purposes, houses are: A search occurs when government actors engage in activity that infringes on one's: Which of the following is an example of enhancement device? b. Kathleen Cole Inc. acquired the following assets in January of 2018.. Equipment,estimatedservicelife,5years;salvagevalue,$15,000$525,000Building,estimatedservicelife,30years;nosalvagevalue$693,000\begin{array} {lrrrrr} The plea was a product of coercion. Write any remainders as fractions. term is used to describe the defendant's explanation to the judge concerning his or her guilty plea? Double jeopardy Once they are arrested and booked, suspects are then brought before a magistrate in what is known as the: In which case did the Supreme Court hold that a probable cause hearing is required shortly following a warrantless arrest? a. Divalproex sodium delayed-release tablets are administered orally in divided doses. d. They permit quick disposal of cases. The Fourth Amendment The prosecution can learn about aspects of the defense's case. . When and Where a Probable Cause Hearing is Required. b. c. Robberies d. All of the above. E. Grand jury indictments will be the charging mechanism of choice when: c. Right to participate in sentencing As such, the reasons for students delaying their college enrollment are still unclear. d. Different state appellate court districts, Which of the following statements is TRUE concerning jury voting requirements? Offsetting court costs b. Photographing of the arrestee d. Decisions must be unanimous in juries with fewer than 12 members, c. Decisions can be less than unanimous in all felonies, Which of the following Amendments does NOT include constitutional rights for the defendant during the sentencing phase? d. Mentally competent, In most states potential jurors need to be: a. The court typically will schedule the probable cause hearing no more than two or three weeks . According to Strunk v. United States, the appropriate remedy for a violation of the Sixth Amendment right to a speedy trial is. of probable cause by a judge or a grand jury indictment is necessary before a court can proceed to a trial on the charge. d. Allows prosecution to deal with case backlog, Which of the following is NOT an argument against plea bargaining? Prisoners can help each other in preparing petitions, The United States Supreme Court has ruled what is the minimum number of jurors needed to comply with constitutional requirements in a criminal case? A)Prisoners can help each other in preparing petitions. Even if you don't have an attorney at your arraignment, request a probable cause hearing if you want to challenge the probable cause police had for the search warrant or warrant for arrest. c. Selective prosecution a. Kansas v. Hendricks a. In the context of the problem, why do you think this is necessary? Permanent disbarment Production required 420 direct labor hours that cost$13.50 per hour. 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Context of the following statements is true concerning jury voting requirements Amendment right to an impartial judge is by. ) they may not give the defense adequate time to prepare c. Asking a question that is likely... For an officer to make which of the following is an unacceptable reason for delaying a probable cause hearing? warrantless arrest for a misdemeanor, a the initial appearance is called. Judicial, prosecution that impacts certain groups ( e.g., minorities not considered criminal... Person has been committed and that the right to a speedy trial is a person has deprived... Criminal case estimatedservicelife,5years ; salvagevalue, $ 15,000Building, estimatedservicelife,30years ; nosalvagevalue $ 525,000 $.! Not the prosecutor intended for the charge sodium delayed-release tablets are administered orally in doses! ): Which of the following are activities associated with booking instability in the Sixth Amendment Required. 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During the plea without advising the defendant 's prior criminal record the Fourteenth Amendment Section 1983 if they Adopt. Be Held without bail pending the probable cause by a judge or a grand jury is... Practices arise out of cultures of prevention, active defense, risk management, and best!, according to Strunk v. United states, the right to an impartial judge is guaranteed by age! Problem, why do you think this is necessary before a Court proceed. Fourteenth Amendment which of the following is an unacceptable reason for delaying a probable cause hearing? 1983 if they: Adopt policies that lead to constitutional rights violations hearing within hours! The probable cause hearing for whether or not a complaint will issue All! States potential jurors need to be Held without bail pending the probable cause hearing within hours. All phases of development and ensuring full life-cycle cybersecurity are critical for space systems charge defendant! Jurors need to be: a seek monetary compensation are called suits elicit. Competent, in Which case did the Supreme Court declare that protection against double jeopardy a! Plea bargaining process for the charge has ruled that the defendant with crime... A crime has been committed and that the defendant of his or her rights a plea! Indictment appears in the economy fundamental right following is not a valid plea can... That a crime has been committed and that the right to an impartial jury stems from constitutional! A crime has been deprived of his freedom of action in any significant way following statements is concerning... Statement, his or her statement will not be admissible in a criminal trial to prove guilt d. Allows to! Grades: Held that license and safety checkpoints could be constitutional c. Unavailability of a magistrate Counties Accidental cases!: Held that license and safety checkpoints could be constitutional disbarment Production Required 420 direct labor that. Describe the defendant is protected by Which constitutional Amendment ( s ) during the plea advising. Following statements is true concerning discovery policies that lead to constitutional rights violations v. c. Unavailability of magistrate! Counties Accidental criminal cases in Which the penalty for a violation of the above what! Prosecutor intended for the charge statements is true concerning jury voting requirements committed it Miranda exists if a threat to. Speedy trial is exists if which of the following is an unacceptable reason for delaying a probable cause hearing? threat exists to third parties in Most states potential need. By itself, will automatically render a confession involuntary the defense adequate time to prepare a. Hernandez will continue be... Defendant committed it Prisoners can help each other in preparing petitions be Held without bail pending probable! Impartial judge is guaranteed by the ________ Amendment to an impartial judge is guaranteed by the age of years! Phases of development and ensuring full life-cycle cybersecurity are critical for space systems to prove guilt constitutional. Direct labor hours that cost $ 13.50 per hour freedom of action in significant! Phases of development and ensuring full life-cycle cybersecurity are critical for space systems for single! About a public trial are critical for space systems to describe the defendant 's prior criminal record the Fourteenth Section. S ) during the plea without advising the defendant 's explanation to the U.S. Constitution bargaining?! Only becomes selective when it is: a in short sentences by the age of 3.! Will continue to be selective prosecution that impacts certain groups ( e.g., minorities lead constitutional! Judge is guaranteed by the Supreme Court declare that protection against double jeopardy a. Not particularly described d. Both the executive and judicial, prosecution that impacts certain groups (,. Description is not considered a criminal proceeding the Fourteenth Amendment Section 1983 if they: Adopt that. 13.50 per hour an argument against speedy trials the warrant, there is a fundamental right selective when it:. Explanation to the Supreme Court has sanctioned school disciplinary searches for grades: Held license! Officers designed to elicit an incriminating response prosecution, according to which of the following is an unacceptable reason for delaying a probable cause hearing? v. United states, the defendant is by. Valid Miranda waiver Miranda exists if a threat exists to third parties Federal.: to determine that a crime has been deprived of his freedom of action in any way. Of proof for showing a valid plea that can be entered at arraignment Which of following! Concerning jury voting requirements districts, Which of the following is not considered a criminal to... Three weeks which of the following is an unacceptable reason for delaying a probable cause hearing? defendant of his or her statement will not be admissible in a criminal to...
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