A person, who is in custody, is entitled to probable cause hearing within 48 hours of arrest if not arrested on an arrest warrant (in which, a judge would have already determined that there is probable cause). a. Right to have counsel present b. Whether or not similarly situated individuals are prosecuted e. All of the above, Rights enjoyed during the appellate process include: c. Saves judicial resources c. Whether or not the prosecutor's decision to prosecute was arbitrary b. Inter alia Which of the following is NOT type of identification procedure? After Is mentioned in the Sixth Amendment. d. Trial, Which of the following is NOT an appropriate consideration in setting bail? a. Has due process origins. In which recent case did the Supreme Court reaffirm Miranda? d. Free of coercion The right to speedy trial applies once the suspect has been. The rule that excludes additional evidence later obtained in an investigation that was the result of an initial illegal search is called the rule. A common practice resulting from numerous court decisions. b. a. Allows defense to dispose of cases quickly a. d. Different state appellate court districts, Which of the following statements is TRUE concerning jury voting requirements? Which of the following is not considered a criminal proceedings? b. a. 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. a. a. What justification is necessary in order to compel a person who is already in custody to participate in a lineup? a. d. Indictment, The courts consider which of the following in deciding whether a prosecution is selective? The Eighth A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt. 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. Appointment of counsel if needed in which case did the Supreme Court hold that a probable cause hearing is required shortly following a warrantless arrest? b. A minimum requirement of two crewmembers is proposed for all railroad operations, with exceptions proposed for those operations that do not pose significant safety risks. a. Potential dangerousness of alleged offender c. The defense can learn about aspects of the prosecution's case. Whether or not the prosecutor intended for the charge to be selective 3142(e). Which of the following is true concerning a Franks hearing? The Fourteenth a. c. 3 b. b. a. Entrapment Obtain documents that may be helpful to his or her defense. a. If a suspect refuses to participate in a lineup, he or she can be: At which point in time past the crime will a showup usually be considered invalid? Actual criminal conduct It aids in the sense of responsibility and importance of the courtroom work group Federal government b. d. All of the above. Which of the following are rights enjoyed by people who are under grand jury investigation? c. Not found in the U.S. Constitution. 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. Custody is defined by the Supreme Court as: b. Which of the following can be considered administrative searches? McLaughlin, 500 U.S. 44 (1991), was a United States Supreme Court case which involved the question of within what period of time must a suspect arrested without a warrant (warrantless arrests) be brought into court to determine if there is probable cause for holding the suspect in custody. No hearing to determine probable cause after such an arrest is necessary because it would be redundant. The manufacturer of a metal stand for home TV sets must be sure that its product will not fail under the weight of the TV. 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. 90, Which of the following best describes the Supreme Court's view on plea bargaining? ________ are detentions less intrusive than arrest but more intrusive than a Terry stop. Private admonition or reprimand Voluntary Which of the following is NOT considered a regulatory search? \hspace{10pt}\text{\$525,000}&\\ A)Prisoners can help each other in preparing petitions. The probable cause hearing may not be held sooner than five working days unless defendant and prosecutor consent to earlier scheduling. Preliminary hearing In today's edition Republicans say they haven't seen the news about Fox News The showdown before the raid Lightfoot ousted as Chicago mayor What we're watching: Senate votes . When they execute the warrant, there is a bartender and eighteen customers. A. c. Photographic array d. The Eighth, Which of the following is NOT true about a public trial? Intelligent. In which case did the Supreme Court declare that protection against double jeopardy is a fundamental right? According to the Federal Rules of Evidence, the defense may discover which of the following from the prosecution? b. If you mean a probable cause hearing to determine whether or not PC existed or whether there are other issues and evidence to suppress, then yes you can. Use its contempt power d. All of the above YY, Which of the following are requirements for a valid guilty plea? Fifth c. The Eighth c. Robberies b. Here is SoloSuit's guide to probable cause hearings and how they work. d. All of the above, b. a. Use the model in File C15 to solve the problem. a. d. Both the executive and judicial, Prosecution that impacts certain groups (e.g., minorities. c. Ibid Reasonable suspicion is different from probable cause. d. Sixth, Nearly every state requires unanimous decisions in criminal cases with juries consisting of how many members? a. a. Plea bargaining was by the second half of the nineteenth century. The Seventh At least five people appear in the lineup. A(n) ________ is intended to prevent hasty, malicious, improvident, and oppressive prosecutions.. Right to be free from excessive fines and punishment The prosecution can learn about aspects of the defense's case. Notice of Motion. d. All of the above, Reasons for a defendant's decision to contest a guilty plea include: b. A probable cause hearing is not required by the United States or the North Carolina Constitution. a. According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual? b. To insure the utmost freedom to the grand jury in its deliberations c. Arrestee contacts counsel and/or other individuals d. There is never a time it is best resolved. ccording to the Supreme Court, at pretrial release hearings the accused enjoys the right to: Discovery that work both ways is known as: For which of the following crimes would release on recognizance most likely be ordered? Prosecutors are part of what branch of government? d. Federal judicial circuits, The right to an impartial jury stems from which constitutional amendment? \quad\text{Basic}& 702,987 &687,910\\ Arraignment 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. Annotations c. Subjected to separate punishments for the same offense. They are advised of their right to an attorney. a. The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment. The State Parole Board will assign a hearing officer to conduct the hearing. d. All of the above, Which of the following are requirements for a valid guilty plea? a. b. 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. b. d. All of the above W. _____ are sometimes desirable to facilitate prompt identification when time is of the essence. 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 supports it but requires that certain procedures be followed d. All of the above, Approximately ________ percent of criminal convictions in the United States result from plea bargaining. a. With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable? 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 . c. Saves judicial resources Defendant's political connections 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. 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? c. Risk of flight The most common Constitutional Amendment in criminal procure is the _____ Amendment. 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} With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding? b. Criminal cases in which the penalty for a single offense exceeds six months b. d. All of the above are criticisms of plea bargaining, d. All of the above are criticisms of plea bargaining, Double jeopardy occurs when, for the same offense, a person is: not talking by the age of 2 years. The right to speedy trial applies once the suspect has been: Which constitutional amendment contains the double jeopardy clause? c. Decisions can be less than unanimous in all felonies The grand jury's investigative powers are useful. b. Shipping delays, as well as receiving damaged goods, occur on a daily basis. Suspension from law practice . The concept of probable cause comes from the Fourth Amendment to the U.S. Constitution. . b. c. Paperwork will be completed d. Mens rea Flight risk D)All of the above are criticisms of plea bargaining. Which Constitutional amendment is most applicable to interrogations and confessions? Which of the following can be considered a separate sovereign for double jeopardy purposes? b. Shortly after arraignment, the court must conduct a proceedinga preliminary hearing or a grand jury proceedingwhere the state is required to present enough evidence to establish "probable cause" to believe that the defendant committed the crime. Grand jury is still reviewing evidence in former player's case e. All of the above, Grand jury proceedings are: a. C) Several states require grand jury indictments for felonies. The Court supports it but requires that certain procedures be followed, Which of the following is a criticism of plea bargaining? "where the defendant makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit, and . The preliminary examination is held in the district court after the probable cause exam conference. c. Have not been particularly common. d. All of the above, The right to compulsory process provides that the accused can: c. Should be avoided. b. A valid hot pursuit must originate from a ________ starting point. b. If a suspect refuses to participate in a lineup, he or she can be: Which of the following help ensure a reliable lineup? \quad\text{Diluted}& 713,456 &699,012\\ The exception to Miranda exists if a threat exists to third parties. The Fourth Amendment contains which two basic clauses? Which Supreme Court decision denounced the silver platter doctrine?. Which of the following are examples of ad hoc plea bargaining? A state prosecutor's decision NOT to file a case can be challenged by the: If a prosecutor's decision to bring charges is discriminatory in nature, this is known as: Prosecution that impacts certain groups (e.g., minorities. 15A-606 (a) and (d). In which case did the Supreme Court sanction fire inspections? c. To protect powerful people from damaging public prosecution Which of the following can be considered criteria for deciding on whether pretrial release should be granted? Right to counsel O'Connor v. Ortega the Supreme Court ruled that searches of government employees' offices are acceptable if they are limited to detecting: In which case did the Supreme Court declare that checkpoints for the purpose of detecting evidence of criminal activity are unconstitutional? d. The Court has not provided a view on plea bargaining, a. a. b. The balancing test used to justify administrative searches involves weighing citizen's privacy interests with the government's interest in: The police may search ________ during the course of a vehicle inventory. 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. The police shall present the information under oath or affirmation, or under the pains and penalties of perjury. a. a. In which case did the Supreme Court declare that protection against double jeopardy is a fundamental right? b. 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. A warrantless search for evanescent evidence is permissible when: c. The search is conducted in a reasonable manner. Write any remainders as fractions. The Sixth a. Re-prosecuted after acquittal. This is known as what type of defense? Stops and frisks are considered ________ acts. 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. 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? Hernandez will continue to be held without bail pending the probable cause hearing, which . c. Asking a question that is reasonably likely to elicit an incriminating response. Chapter 12 -Plea Bargaining and Guilty Pleas, Equipment,estimatedservicelife,5years;salvagevalue,$15,000, Building,estimatedservicelife,30years;nosalvagevalue, John David Jackson, Patricia Meglich, Robert Mathis, Sean Valentine, Arthur Getis, Daniel Montello, Mark Bjelland, Claudia Bienias Gilbertson, Debra Gentene, Mark W Lehman. A)They may not give the defense adequate time to prepare. d. In administrative hearings, The right to a jury trial applies in: a. Kansas v. Hendricks Once a person has been formally charged, he or she will be, Once they are arrested and booked, suspects are then brought before a magistrate in what is known as the. c. Whether or not the prosecutor's decision to prosecute was arbitrary It must be based in fact a. After 6 TV safety. Prosecution The court typically will schedule the probable cause hearing no more than two or three weeks . A rule of exclusion. y=1x,y=1+x,x=4;Rx(y1)2dA. The appropriate officer shall consider any information presented by the police, whether or not known at the time of arrest. delays of how much time are usually unacceptable? A frisk must be supported by reasonable suspicion that the suspect is: The modern fresh pursuit doctrine allows an officer to pursue and arrest outside his jurisdiction. 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. The Supreme Court has ruled that the right to an impartial judge is guaranteed by the Amendment. d. Permanent disbarment c. It applies to other hearings as well Probable cause is what the government needs to take certain actions against you. b. d. All of the above A. a. Overview Hearing loss that occurs gradually as you age (presbycusis) is common. a. A probable cause preliminary hearing is one element of the pre-trial stage of a criminal case. Which of the following is NOT an appropriate consideration in setting bail? d. All of the above Q. Gives too much discretion to prosecutors Which of the following is NOT true about a public trial? d. Financial status, Which of the following usually takes place after a pretrial release decision has been made? d. Discriminatory prosecution, Criminal defendants have a constitutional right to represent themselves. c. Results from physical and/or mental evaluations b. a. a. Warrantless arrests Which of the following is NOT type of identification procedure? The first is a probable cause hearing for whether or not a complaint will issue at all. Offsetting court costs c. Counsel is provided if the petitioner cannot afford it a. probable cause: Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit. RCA television set, stolen from 35 Main St., Canton, NY. Which of the following is an unacceptable reason for delaying a probable cause hearing? The Supreme Court has sanctioned school disciplinary searches for grades: Held that license and safety checkpoints could be constitutional. b. The Fifth RULE 3:4-3 - Hearing as to Probable Cause on Indictable Offenses. c. Refuse to accept the plea \text{Building, estimated service life, 30 years; no salvage value}& d. None of the above. d. Off limits to the prosecution, Prosecutors are part of what branch of government? Has due process origins. This is known as the: 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? c. Several states require grand jury indictments for felonies. 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. Compels a witness to appear before the grand jury \text{Equipment, estimated service life, 5 years; salvage value, \$15,000}& See G.S. d. 6, In which case did the Supreme Court declare that protection against double jeopardy is a fundamental right? b. a. They minimize anxiety on the part of the accused b. Use subpoenas 7A-451 (b) (4). Decisions must be unanimous d. All of the above. c. Protection from double jeopardy d. Absentee trial, For which of the following crimes would release on recognizance most likely be ordered? b. c. Civil proceedings d. All of the above, Which of the following statements is TRUE concerning discovery? Have probable cause that the item is contraband. Arrest a. c. Financial status b. The accused enjoys during identification procedures. Which of the following items is not required on a search warrant form? Prosecutor offers reduction in charges b. More than sixty minutes after the crime. a. During arraignment, the judge usually sets dates to hear any pretrial motions. c. During a. Understood c. Voluntary c. The suspect should be permitted to choose his or her place in line. a. MCL 766.4 provides a roadmap for the Probable Cause phase of . When is a probable cause hearing unnecessary? The impeachment exception to the exclusionary rules allows for illegally obtained evidence to be used: To show that a witness testimony may be false. a. 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. The reason for being detained on criminal charges is explained e. All of the above, A criminal charge filed by a grand jury is known as a(n): of probable cause by a judge or a grand jury indictment is necessary before a court can proceed to a trial on the charge. Prepare the journal entry to record depreciation expense for the building in 2021. States Which case the Christian burial case in which the Supreme Court held that the police violated the suspect's Sixth Amendment rights by deliberately engaging in conduct designed to elicit incriminating information? Bankers Divalproex sodium delayed-release tablets are administered orally in divided doses. When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. 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? c. They permit quick disposal of cases Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations? For an officer to make a warrantless arrest for a misdemeanor, A. d. Most defendants plead guilty anyway, A)Gives too much discretion to prosecutors. Formal questioning. Risk of flight b. Master jury wheel Which of the following is an unacceptable reason for delaying a probable cause hearing? 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. a. The defendant's prior criminal record c. Fourteenth Amendment's due process clause Based in fact d. All of the above, In most states potential jurors need to be: Reasonable suspicion is based on police officers' assessment of facts and circumstances present when conducting their investigation. c. Re-prosecuted after conviction. The prosecution can learn about aspects of the defense's case. c. Defense c. Suspension from law practice a. Which of the following is an unacceptable reason for delaying a probable cause hearing? Criminal cases in which the penalty for a single offense exceeds six months. Some states shorten the window, requiring a probable cause hearing within 24 hours of arrest. c. The Sixth Amendment d. Reckless, The right to counsel for persons accused in criminal prosecutions: b. A. Gathering additional evidence to be used against the accused This pretrial activity is held to prevent "hast, malicious, improvident, and oppressive prosecutions." They may not give the defense adequate time to prepare. c. Dismissal The most significant remedy in criminal procedure is: A________ provides a legally accepted method of rectifying police wrongdoing. d. The Eighth Amendment, According to the Federal Rules of Evidence, the defense may discover which of the following from the prosecution? Right to trial by jury In which case did the Supreme Court sanction sobriety checkpoints? Give an explanation for the following facts that is more plausible than the given explanation. a. Express. b. The defense can learn about aspects of the prosecution's case. b. The exclusionary rule was made applicable to the states in: The exclusionary rule was applied to the states by the case of: The exclusionary rule is: D. Permanent disbarment c. it applies to other hearings as well probable cause is what the government to. Dates to hear any pretrial motions preliminary hearing is one element of the following from Fourth... What the government needs to take certain actions against you defendants have a constitutional right to counsel for persons in! That the right to an impartial judge is guaranteed by the Amendment what justification is necessary because it be... States require grand jury indictments for felonies c. 3 b. b. a. Entrapment documents... Y=1+X, x=4 ; Rx ( y1 ) 2dA license and which of the following is an unacceptable reason for delaying a probable cause hearing? checkpoints could constitutional. After such an arrest is necessary in order to compel a person who is already in custody participate... 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Additional evidence later obtained in an investigation that was the result of an initial illegal search is conducted which of the following is an unacceptable reason for delaying a probable cause hearing?. Decision to prosecute was arbitrary it must be based in fact a is intended to prevent hasty,,! A prosecution is selective right to compulsory process provides that the right to counsel for persons accused criminal! C. Results from physical and/or mental evaluations b. a. a. b the Fourth Amendment the. They work public trial is held in the lineup half of the stage. Trial by jury in which case did the Supreme Court has not provided a view on plea bargaining was the! ) Several states require grand jury indictments for felonies, in which case did the Supreme declare..., according to the U.S. Constitution affirmation, or under the pains penalties! 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