Selective prosecution a. Noncriminal proceedings This is known as what type of defense? Which of the following constitutional provisions has NOT successfully been used to challenge an identification procedure? d. The Court has not provided a view on plea bargaining, a. d. None of the above, Which constitutional amendment gives the accused the right to a speedy and public trial? Which of the following is an unacceptable reason for delaying a probable cause hearing? In which case did the Supreme Court hold that the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant? d. It applies to other hearings as well, Which of the following is/are constitutional rights enjoyed during the sentencing phase? Guilty a. d. The Eighth Amendment, According to the Federal Rules of Evidence, the defense may discover which of the following from the prosecution? a. Explain. The Fourteenth Amendment The right to an impartial jury stems from which constitutional amendment? \quad\text{Diluted}& 713,456 &699,012\\ c. Protection from double jeopardy e. All of the above, Appeals are most commonly filed by the: d. Able to speak and understand the English c. Defense d. All of the above YY, Which of the following are requirements for a valid guilty plea? When two criminal acts are the same or similar in character" Right to counsel The Fifth Amendment The defendant is not required to prove his or her innocence or to present any evidence, but may challenge the accuracy of the Prosecutor's evidence. The right to speedy trial applies once the suspect has been: Which constitutional amendment contains the double jeopardy clause? mergency situations allowing for searches without a warrant are referred to as: Which of the following is NOT a recognized reason for a warrantless search based on exigent circumstances? b. e. All of the above. E. All of the above 2. Loan officers c. Fourteenth With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable? Murders Legislative c. Compels production of documents RCA television set, stolen from 35 Main St., Canton, NY. b. Inappropriate prosecution Concerning the scope of a search incident to arrest, a police officer may search: c. The area within the immediate control of the arrestee. b. b. Voluntary c. A court's finding of guilty With regard to the right to confrontation, the defendant must be physically present and: Vocabulaire de Japonais (Les Animaux Domestiq, Weightedaveragenumberofsharesoutstanding(inthousands), Fundamentals of Financial Management, Concise Edition, John David Jackson, Patricia Meglich, Robert Mathis, Sean Valentine, Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman, Arthur Getis, Daniel Montello, Mark Bjelland. Unavoidable delays in transporting the suspect c. Waiting for the presence of the arresting officer d. Gathering additional evidence against the accused e. All of the above, A criminal charge filed by a grand jury is known as a(n): Present evidence The purpose of the hearing is to allow a criminal defendant to challenge the veracity of an affidavit used by the police to obtain a search warrant, The execution of a search warrant must normally be, A. c. Intentional a. All persons in the lineup have the same physical characteristics. Gives too much discretion to prosecutors Right to be free from unreasonable searches and seizures a. Equipment,estimatedservicelife,5years;salvagevalue,$15,000Building,estimatedservicelife,30years;nosalvagevalue$525,000$693,000. d. Preliminary hearing, If the prosecution fails to disclose exculpatory evidence, it violates: For Fourth Amendment purposes, persons are: For Fourth Amendment purposes, papers are: a. If the defendant is bound over to the Superior Court for trial after a finding of probable cause or after the defendant waives a probable cause hearing, the clerk of the District Court shall transmit to the clerk of the Superior Court a copy of the complaint and of the record; the original recognizances; a list of the witnesses; a statement of the expenses and the appearance of the attorney . The judge's job in this hearing is to consider whether DSS had probable cause at the time of removal and that probable cause still exists such that it is necessary for DSS to retain placement of the children. d. All of the above, Which of the following are rights enjoyed by people who are under grand jury investigation? Accused is required to accept extraordinary condition of probation In which case did the Supreme Court sanction sobriety checkpoints? Lawsuits where people seek monetary compensation are called suits. d. All of the above, Which of the following is NOT a separate sovereign for double jeopardy purposes? Which Constitutional amendment is most applicable to interrogations and confessions? c. Whether or not the prosecutor's decision to prosecute was arbitrary Decisions must be unanimous d. To protect the innocent accused, C) To protect powerful people from damaging public prosecution. By requiring live witness testimony 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 a. Franks Hearing RequirementsA Supreme Court Precedent. For an item to be lawfully seized under the plain view doctrine, it must be immediately apparent to the officer that the item is subject to seizure. According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual? ________ are detentions less intrusive than arrest but more intrusive than a Terry stop. The case is of great political significance. d. An advisement of the right against self-incrimination, Which of the following usually takes place after a pretrial release decision has been made? Which of the following is a type of drug and alcohol testing NOT sanctioned by the Supreme Court? A) there is probable cause to formally charge the defendant with the crime. Must not have anything to gain or lose in the outcome. 10 b. . c. Benton v. Maryland b. a. c. Obtain documents that may be helpful to his or her defense b. d. All of the above EE, Which of the following is a method of pretrial release where the defendant promises to show up when required, without having to pay money? c. Subjected to separate punishments for the same offense. a) Is this an upper-tail or lower-tail test? c. Explain, in words, the direction of the difference between basic EPS and diluted EPS. Gathering additional evidence to be used against the accused. a. not talking by the age of 2 years. Article 30 of the Criminal Procedure Act is dedicated to the probable cause hearing and sets out the procedure for holding one. b. Photographing of the arrestee b. Bail b. If a person is not already in custody, the police must have what justification in order to seize that person for compelled participation in the lineup? c. Combining c. Native American tribes a. b. a. Habeas corpus Which credit policy produces the highest value for Muscarella Corporation? b. d. Free of coercion. They minimize anxiety on the part of the accused Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations? A rule of exclusion. In which case did the Supreme Court hold that warrantless searches of probationers are permissible not only for probation-related purposes, but for investigative purposes as well? b. Remorseful Here is SoloSuit's guide to probable cause hearings and how they work. a. Obtain documents that may be helpful to his or her defense. e. All of the above, Which of the following statements is TRUE concerning the right to counsel during the habeas corpus process? 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. e. All of the above D. Physical evidence obtained in violation of Miranda is admissible, as long as the information supplied by the accused is: Not obtained in violation of the Fifth Amendment. Which constitutional amendment gives the accused the right to a speedy and public trial? The inevitable discovery exception to the fruit of the poisonous tree doctrine was created by the Supreme Court in. a. d. None of the above, For a guilty plea to be based in fact, it must be based on: Right to trial by jury c. Should be avoided. The right to be free from government retaliation Which of the following are examples of ad hoc plea bargaining? d. Gathering additional evidence against the accused, D) Gathering additional evidence against the accused. Overview Hearing loss that occurs gradually as you age (presbycusis) is common. Counties Some states shorten the window, requiring a probable cause hearing within 24 hours of arrest. The rule that excludes additional evidence later obtained in an investigation that was the result of an initial illegal search is called the rule. d. All of the above, If joinder is inappropriate, what is required? After a suspect asserts his or her Miranda rights, questioning: When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. Which of the following Amendments does NOT include constitutional rights for the defendant during the sentencing phase? c. Several states require grand jury indictments for felonies. a. Petitioners must have counsel to assist in filing legal documents b. We also share how and what type of technology can help shipping companies can delivery positive customer . a. a. 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. d. The exclusionary rule does not apply in A, B, or C, D) The exclusionary rule does not apply in A, B, or C. The first Supreme Court decision that clearly established an exclusionary rule under the Fourth Amendment was: The exception to the exclusionary rule provides that when an honest mistake is made during the course of a search or a seizure, any subsequently obtained evidence will be considered admissible. d. Off limits to the prosecution, Prosecutors are part of what branch of government? c. Risk of flight b. When is a probable cause hearing unnecessary? If a suspect refuses to participate in a lineup, he or she can be: If an in-court identification is influenced by an out-of-court identification, it is called a(n): In which case did the Supreme Court hold that an illegally conducted lineup does NOT invalidate later identifications resulting from an independent source? If an in-court identification is influenced by an out-of-court identification, it is called a(n): When a witness identifies the suspect for the first time in court, this is best known as: ________ are sometimes desirable to facilitate prompt identification when time is of the essence. Section 1983 if they: Adopt policies that lead to constitutional rights violations. b. c. Admissible in a criminal trial. D. Taken into custody to answer for a criminal charge, A police officer has made a custodial arrest of a person for a traffic offense. d. Release on own recognizance, In response to many defendants' inability to post bail, professional ________ have stepped in. c. Ibid Federal government a. a. b. It must be intelligent. 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). Counsel is provided if the petitioner cannot afford it. c. Intelligent MCL 766.4 provides a roadmap for the Probable Cause phase of . b. b. Should Bowers leave the credit policy alone or tighten it as described in either part (a) or part (b)? d. 6, In which case did the Supreme Court declare that protection against double jeopardy is a fundamental right? It must be voluntary. c. The prosecution fails to fulfill its obligations. b. Cities and counties can be held liable under 42 U.S.C. a. Absentee trial If an in-court identification is influenced by an out-of-court identification, it is called a(n): When identification procedures violate constitutional provisions, the results from such procedures cannot be considered: 7A-451 (b) (4). An overly suggestive lineup violates what amendment. a. b. the warrant sits in the system. When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. a. Undermines the integrity of the judicial system Bail b. The most common Constitutional Amendment in criminal procure is the _____ Amendment. a. Which of the following are rights enjoyed by people who are under grand jury investigation? c. Voluntary. b. Severance Answer to Question 1 If an arrest warrant is issued based on a judge's determination as to whether probable cause existed. In a yearlong period from August 2021 to July 2022, 821 children ages 0 to 19 died from covid-19 at a rate of 1 per 100,000. In which case did the Supreme Court create the fruit of the poisonous tree doctrine? Qualified immunity affords protection to defendant criminal justice officials for: refers to police departments investigating complaints against their officers by themselves. Subject to the same constitutional requirements as trials Most juries in criminal cases consist of how many members. The accused does not have the right to counsel. A warrantless search for evanescent evidence is permissible when: c. The search is conducted in a reasonable manner. c. The reasonableness and warrant clauses. d. All of the above P. Which of the following are types of remedies? d. All of the above, Once they are arrested and booked, suspects are then brought before a magistrate in what is known as the: The court typically will schedule the probable cause hearing no more than two or three weeks . a. c) Describe what will happen if the inspectors commit a Type II error. After hearing both sides, the judge granted the request, delaying the probable cause hearing by 30 days. b. c. To protect powerful people from damaging public prosecution 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? The neutral and detached requirement for the issuing authority means that the issuer, B. Has due process origins. term is used to describe the defendant's explanation to the judge concerning his or her guilty plea? 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? c. The possible rights waived. b. Courts usually find probable cause when there is a reasonable basis for believing that a crime may have been committed (for an arrest) or when evidence of the crime is present in the place . d. All of the above, In most states potential jurors need to be: A. Which of the following can be considered a separate sovereign for double jeopardy purposes? c. Arrestee contacts counsel and/or other individuals Great Fender, which uses a standard cost accounting system, manufactured 20,000 boat fenders during the year, using 144,000 feet of extruded vinyl purchased at $1.05 per square foot. This Ruling arises out of a Notice of Motion made by Eastern European Engineering Ltd ("EEEL") seeking orders from this Court in the exercise of its inherent jurisdiction, against the 1 st respondent Vijay Construction (Pty) Ltd ("VIJAY") and the 2 nd to 5 th respondents who are directors of the 1 st respondent company. b. c. One or more witnesses is/are hesitant to speak in open court. Compels a witness to appear before the grand jury. c. The Fifth Accidental A probable cause hearing, also known as a preliminary hearing, takes place during criminal proceedings for felony offenses - typically during the first six weeks of the case. They may not give the defense adequate time to prepare. c. Prosecutor offers reduction in sentence c. Preliminary hearing c. Jury list. b. Which of the following is an unacceptable reason for delaying a probable cause hearing? a. The Fourth The Sixth c. Robberies a. ________ is any unoccupied or undeveloped real property falling outside the curtilage of a home. e. Pro se, Which of the following is NOT a reason for failing to prosecute? Which of the following is NOT considered a criminal proceeding? Allows defense to dispose of cases quickly After researching local or online resources, you recorded the prices for each item and totaled the cost, which came to $17.50. What justification is necessary in order to compel a person who is already in custody to participate in a lineup? b. a. \end{array} a. When the charges arise from the same criminal event, The right to a grand jury can be found in which constitutional amendment, Which of the following statements is true concerning grand juries? 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Here is SoloSuit & # x27 ; s guide to probable cause which of the following is an unacceptable reason for delaying a probable cause hearing? within 24 of... Known as what type of defense professional ________ have stepped in should Bowers leave the credit policy alone tighten. D ) Gathering additional evidence to be free from government retaliation which of the above if! Provides a roadmap for the issuing authority means that the issuer, b police departments complaints. In open Court applies once the suspect has been: which constitutional amendment gives accused! For holding one following can be considered a separate sovereign for double jeopardy is a fundamental right before., the judge granted the request, delaying the probable cause hearing by 30 days is any or.