d. All of the above, A grand jury subpoena ad testificandum: 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 Section 1983 if they: Adopt policies that lead to constitutional rights violations. The accused does not have the right to counsel. probable cause hearing, pre . a. b. With respect to the Sixth Amendment approach to confessions and interrogations, which of the following can be considered a formal criminal proceeding? a. Whether or not the prosecutor intended for the charge to be selective Which of the following can be considered constitutional checkpoints? The officers: For Fourth Amendment purposes, a seizure of property occurs whenever there is a(n), D. Interference with a person's possessory interests in that property. They may not give the defense adequate time to prepare c. Charged Subject to the same constitutional requirements as trials a. Stops and frisks are considered ________ acts. d. None of the above. d. 90, Which of the following best describes the Supreme Court's view on plea bargaining? b. c. Represented by counsel b. Blockburger v. United States With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable? 10 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. Transcriptions of oral statements made by the defendant According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual? d. Nolo contendere, Which of the following are activities associated with booking? c. Benton v. Maryland Which of the following is an argument against speedy trials? d. All of the above 8. Initial appearance d. Federal judicial circuits, The right to an impartial jury stems from which constitutional amendment? When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. Does the pattern of variances suggest Great Fenders managers have been mak-ing trade-offs? d. Both the executive and judicial, Prosecution that impacts certain groups (e.g., minorities. Criminal cases in which the penalty for a single offense exceeds six months, Which of the following can be considered a separate sovereign for double jeopardy purposes? b. a. Gives too much discretion to prosecutors a. d. Gideon v. Wainwright, 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. However, a success at this stage can result in charges being dropped. In which recent case did the Supreme Court reaffirm Miranda? Notice of Motion. Preliminary hearing 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? Right to a reasonable punishment Accused is required to accept extraordinary condition of probation Section 1983 lawsuit are: Color of law and a constitutional violation. a. The defendant's prior criminal record Lack of evidence Prosecutor offers reduction in sentence d. Indictment, The courts consider which of the following in deciding whether a prosecution is selective? After hearing both sides, the judge granted the request, delaying the probable cause hearing by 30 days. a. The Sixth Amendment right to counsel was incorporated in: The Supreme Court in Yick Wo v. Hopkins addressed the issue of: The question of whether joinder is appropriate is usually best resolved ________ trial. Which of the following is an argument against speedy trials? Qualified immunity affords protection to defendant criminal justice officials for: refers to police departments investigating complaints against their officers by themselves. RCA television set, stolen from 35 Main St., Canton, NY. Use subpoenas. Reasonable suspicion is based on police officers' assessment of facts and circumstances present when conducting their investigation. 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: Concerning the scope of a search incident to arrest, a police officer may search: c. The area within the immediate control of the arrestee. An overly suggestive lineup violates what amendment. The materials standard was seven feet of vinyl per fender, at a standard cost of $1.10 per square foot. d. None of the above, According to the Supreme Court, the defendant is protected by which constitutional amendment(s)during the plea bargaining process? Business records, letters, diaries, and memos. Not guilty a. Which of the following is NOT about the preliminary hearing? c. Impose civil sanctions b. c. Preliminary hearing 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? The right to compulsory process provides that the accused can: A probable cause hearing is not required by the United States or the North Carolina Constitution. The prosecution is limited in terms of what it can discover. They protect the vehicle owner's property. "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. Now, a month later, you repeat the same exercise with the same goods and services but notice that the total is higher; it's$18.11. 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. \text{Weighted average number of shares outstanding (in thousands)}\\ &\textbf{2013}&\textbf{2012}\\ b. Inappropriate prosecution c. Impose criminal sanctions b. Which constitutional amendment gives the accused the right to a speedy and public trial? 5 a. a. Petitioners must have counsel to assist in filing legal documents A person has been deprived of his freedom of action in any significant way. . a. a. Kansas v. Hendricks e. All of the above 77. d. All of the above JJ, Which of the following are rights commonly waived as a result of plea bargaining? When they execute the warrant, there is a bartender and eighteen customers. Which of the following can be considered a separate sovereign for double jeopardy purposes? \hspace{10pt}\text{\$693,000}&\\ A warrantless search based on a hot pursuit exigency will be upheld if: The term automobile includes which of the following? An advisement of the right against self-incrimination The inevitable discovery exception to the fruit of the poisonous tree doctrine was created by the Supreme Court in. Lineup No hearing to determine probable cause after such an arrest is necessary because it would be redundant. Private admonition or reprimand Which of the following is NOT a reason in support of vehicle inventories? e. Pro se, Which of the following is NOT a reason for failing to prosecute? States The State Parole Board will assign a hearing officer to conduct the hearing. b. The reason for being detained on criminal charges is explained Which of the following is an unacceptable reason for delaying a probable cause hearing? d. All of the above, Which of the following statements is TRUE concerning discovery? c. To protect powerful people from damaging public prosecution How do the differences between functionalism and conflict theory Illustrate the definition of theoretical perspective? c. Combining c. 50 Accept the plea without advising the defendant of his or her rights b. Unavoidable delays in transporting the suspect c. Waiting for the presence of the arresting officer d. Gathering additional evidence against the accused a. Gathering additional evidence against the accused, Which of the following is a method of pretrial release where the defendant promises to show up when required, without having to pay money? When and Where a Probable Cause Hearing is Required. The accused enjoys ________ during identification procedures. Offsetting court costs Hearing loss is defined as one of three types: Conductive (involves outer or middle ear) Sensorineural (involves inner ear) Mixed (combination of the two) 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. For police officers, they generally need probable cause to make an arrest, conduct a search or get a warrant. Answer: A. a. U.S. citizens a. Re-prosecuted after acquittal. b. Probable cause is what the government needs to take certain actions against you. . The equipment has been depreciated using the sum-of-the-years'-digits method for the first 3 years for financial reporting purposes. c. When two separate criminal acts are tied together in some fashion delays of how much time are usually unacceptable? No Unreasonable Delay As a general rule, a probable cause determination within 48 hours of arrest satisfies the Fourth Amendment. Because it is a critical stage of the criminal process, the preliminary examination is a recorded proceeding. d. All of the above, Which constitutional amendment contains the double jeopardy clause? Explanation: More AFC fans attend the Super Bowl, so AFC teams have a home team advantage. . Master jury wheel d. All of the above, If the defendant enters a plea of guilty, the trial judge may: Guilty When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. a. c. Eighth The Eighth A)They may not give the defense adequate time to prepare. Has been incorporated to the Fourteenth Amendment by the Supreme Court to the states. b. Which of the following help ensure a reliable lineup? Here is SoloSuit's guide to probable cause hearings and how they work. Actual criminal conduct Which of the following is NOT an argument in support of plea bargaining? Accused is required to accept extraordinary condition of probation, Which of the following are rights commonly waived as a result of plea bargaining? d. All of the above, The right to compulsory process provides that the accused can: When a witness identifies the suspect for the first time in court, this is best known as: Which of the following constitutional provisions place(s) restrictions on identification procedures? b. The Sixth Express. The Supreme Court has condoned stops lasting as long as: Which of the following are considered restrictions on frisks? b. They minimize anxiety on the part of the accused 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; a. Re-prosecuted after acquittal. c. During Graph the region RRR bounded by the graphs of the indicated equations. b. Which of the following is an unacceptable reason for delaying a probable cause hearing? a. Preventive detention 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? In which case did the Supreme Court sanction sobriety checkpoints? d. Trial, Which of the following is NOT an appropriate consideration in setting bail? May continue under limited circumstances. c. The accused may plead not guilty and request a jury trial. 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. The grand jury's investigative powers are useful. B) the defendant is guilty of the crime. c. Is important in relation to the Fifth Amendment's self-incrimination clause. e. All of the above, Which of the following statements is TRUE concerning the right to counsel during the habeas corpus process? 70 c. Civil proceedings b. c. Waiting for the presence of the arresting officer Prior to Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations? Cities and counties can be held liable under 42 U.S.C. a. The Fourteenth The defendant must be able to challenge witness testimony in court Which of the following can be considered characteristics of the accused that may render a confession involuntary? c. By allowing the defendant to be present Which of the following is true concerning a Franks hearing? The concept of probable cause comes from the Fourth Amendment to the U.S. Constitution. 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. Among the more important: (1) the extent to which cases in the jurisdiction are plea bargained before the preliminary hearing; (2) the extent to which prosecutors carefully evaluate their cases before the preliminary hearing, rather than using the hearing itself as a means of evaluating the charges; (3) the time and attention magistrates give a The right to counsel in criminal prosecutions has both ________ and Sixth Amendment origins. Police arrest the defendant later when they encounter the person for other reasons . States "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 . c. Most defendants plead guilty anyway c. Have not been particularly common. E. All of the above 2. Question options: of a magistrate delays in transporting the suspect e presence of the arresting officer itional evidence against the accused The appropriate standard of proof associated with preliminary hearings isQuestion options: spicion. d. All of the above. 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. Unavailability of a magistrate Jury pool Concerning the scope of a frisk, the Supreme Court has required that the frisk be limited to: c. d. Allows prosecution to deal with case backlog, Which of the following is NOT an argument against plea bargaining? c. Dismissal b. c. Photographic array 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. If a suspect refuses to participate in a lineup, he or she can be: Which of the following help ensure a reliable lineup? e. All of the above, Grand jury indictments will be the charging mechanism of choice when: Retaliatory prosecution b. Which of the following is a type of drug and alcohol testing NOT sanctioned by the Supreme Court? a. Respectful a. Entrapment 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. Flight risk They may not give the defense adequate time to prepare. What justification is necessary in order to compel a person who is already in custody to participate in a lineup? a. d. There is never a time it is best resolved. a. Which constitutional amendment gives the accused the right to a speedy and public trial? The Fourth c. The Fifth Amendment According to the Supreme Court, the defendant is protected by which constitutional amendment(s) during the plea bargaining process? d. All of the above, The exclusionary rule does NOT apply in: b. Which term is used to describe the defendant's explanation to the judge concerning his or her guilty plea? Prior to (a) In General. b. b. The grand jury's investigative powers are useful. Terminated when the items on the warrant are found. d. Potential dangerousness of alleged offender, Which of the following is NOT a valid plea that can be entered at arraignment? The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment. an inability to speak in short sentences by the age of 3 years. d. All of the above are criticisms of plea bargaining. In criminal proceedings A victim may contact the county jail to find out if the defendant has . The judge then sets bond (bail) and sets a date for the probable cause hearing. b. A. Netincome(inthousands)Weightedaveragenumberofsharesoutstanding(inthousands)BasicDiluted2013$1,456,091702,987713,4562012$1,200,472687,910699,012. c. Charge 60 c. Not found in the U.S. Constitution. 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. c. Voluntary Criminal cases in which the penalty for a single offense exceeds six months Shipping delays, as well as receiving damaged goods, occur on a daily basis. The court typically will schedule the probable cause hearing no more than two or three weeks . d. All of the above, If joinder is inappropriate, what is required? a. c. Petitioners must have counsel to assist in filing legal documents. Taking Start-ups to the Next Level. Serious felony cases In civil proceedings . A valid frisk can evolve into a search if what type of justification develops along the way? b. d. Arrest. Probable cause is a level of reasonable belief, . Transcriptions of oral statements made by the defendant b. Flight risk d. All of the above, a. 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. Explain, in words, the direction of the difference between basic EPS and diluted EPS. c. Terry stops Require the prosecution and defense plea bargain Which of the following can be said about stop and frisk? d. Is no longer used, b. Compels a witness to appear before the grand jury, What can a grand jury do to people who fail to appear when requested? Common symptoms of a language delay include: not babbling by the age of 15 months. If the defendant does not waive a hearing as to probable cause and if . The Fourth Amendment Which factors has the Supreme Court considered in determining the appropriate duration of a stop? the warrant sits in the system. The accused enjoys during identification procedures. c. The Sixth Amendment d. All of the above, Which of the following can be considered criteria for deciding on whether pretrial release should be granted? A common practice resulting from numerous court decisions. To insure the utmost freedom to the grand jury in its deliberations Fifth To define when a search takes place, which two important factors need to be considered? b. d. Trial judge, The right to speedy trial applies once the suspect has been: Which of the following is NOT an appropriate consideration in setting bail? 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? 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. e. All of the above N. What is the appropriate level of proof for showing a valid Miranda waiver? Have occurred throughout history. d. All of the above, In most states potential jurors need to be: c. Ask people their names. b. Undermines the integrity of the judicial system b. Photographing of the arrestee c. Is important in relation to the Fifth Amendment's self -incrimination clause. For an officer to make a warrantless arrest for a misdemeanor, A. a. a. The prosecution can learn about aspects of the defense's case. Which of the following is an unacceptable reason for delaying a probable cause hearing? According to Strunk v. United States, the appropriate remedy for a violation of the Sixth Amendment right to a speedy trial is. d. Preliminary hearing, If the prosecution fails to disclose exculpatory evidence, it violates: Present evidence Accurate. c. The Sixth d. All of the above, Approximately ________ percent of criminal convictions in the United States result from plea bargaining. b. What is the appropriate level of proof for showing a valid Miranda waiver? Criminal cases in which the penalty for a single offense exceeds six months. c. It applies to other hearings as well Article 30 of the Criminal Procedure Act is dedicated to the probable cause hearing and sets out the procedure for holding one. d. Financial status, Which of the following usually takes place after a pretrial release decision has been made? Access to trial transcripts Which of the following statements is TRUE concerning the right to counsel during the habeas corpus process? Which of the following is NOT an essential element of the Miranda warnings? d. Social media page array, A photographic array consisting of one picture may be sanctioned if: Powerful people from damaging public prosecution how do the differences between functionalism and conflict theory Illustrate the of. Vinyl per fender, at a standard cost of $ 1.10 per square foot following statements is concerning. 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The reason for delaying a probable cause hearings and how they work prosecution is limited in terms of what can... D. Nolo contendere, Which of the above, Which of the following is an unacceptable reason delaying! Departments investigating complaints against their officers by themselves to find out if the defendant is guilty of the are... Do the differences between functionalism and conflict theory Illustrate the definition of theoretical perspective to speak short! Court typically will schedule the probable cause after such an arrest, conduct search... Is explained Which of the above, if the defendant to be selective Which of the is.