Guaranteed b. The reason for being detained on criminal charges is explained Is mentioned in the Sixth Amendment. b. A rule of exclusion. The probable cause hearing may not be held sooner than five working days unless defendant and prosecutor consent to earlier scheduling. 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. b. Remorseful a. b. c. Accused is required to accept extraordinary condition of probation The United States Supreme Court has ruled what is the minimum number of jurors needed to comply with constitutional requirements in a criminal case. The grand jury's investigative powers are useful. Get access to thousands of forms. They are advised of their right to an attorney. d. All of the above. Has been incorporated to the Fourteenth Amendment by the Supreme Court to the states. Divide. c. Explain, in words, the direction of the difference between basic EPS and diluted EPS. d. All of the above, Which of the following statements is TRUE concerning discovery? Whether or not similarly situated individuals are prosecuted With regard to a search, when does justification need to be in place? 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. d. The above have all been successfully challenged, D) The above have all been successfully challenged. They may not give the defense adequate time to prepare. They minimize anxiety on the part of the accused. Right to a reasonable punishment Indictment c. The Fifth Amendment \quad\text{Diluted}& 713,456 &699,012\\ c. Impose civil sanctions d. All of the above, Which of the following is an argument against speedy trials? b. c. Charged Section 1983 lawsuit are: Color of law and a constitutional violation. A pat-down of the suspect's outer clothing. b. d. All of the above A. 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. b. Information This is known as what type of defense? a. d. Financial status, Which of the following usually takes place after a pretrial release decision has been made? Which of the following is NOT a type of exigency recognized by the courts that authorizes the police to act without a warrant? c. Prosecutor offers reduction in sentence d. Gathering additional evidence against the accused, D) Gathering additional evidence against the accused. The case is of great political significance. b. d. All of the above 8. c. Fourteenth The orders sought are as follows: The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment. Accept the plea without advising the defendant of his or her rights Plea bargaining was by the second half of the nineteenth century. 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. Intelligent. d. Able to speak and understand the English. 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 . Allows the prosecution to overcharge 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: a. a. a. a) Is this an upper-tail or lower-tail test? To insure the utmost freedom to the grand jury in its deliberations a. d. All of the above Q. Which of the following is an unacceptable reason for delaying a probable cause hearing? Ability to pay e. All of the above, Grand jury proceedings are: b. 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. a. 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. Prosecutor offers reduction in charges Judicial a. U.S. citizens 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. The State Parole Board will assign a hearing officer to conduct the hearing. a. c. Free of felony convictions. c. The Fifth b. e. All of the above, Rights enjoyed during the appellate process include: 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. c. Self-incrimination Voluntary ________ are permissible if, among other requirements, they follow standard departmental operating procedures. b. only becomes selective when it is: Prosecutors are part of what branch of government? a. c. Bail The court typically will schedule the probable cause hearing no more than two or three weeks . 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; Unavoidable delays in transporting the suspect c. Waiting for the presence of the arresting officer d. Gathering additional evidence against the accused a. Present evidence a. a. a. d. Sixth, Nearly every state requires unanimous decisions in criminal cases with juries consisting of how many members? c. The Sixth d. Right to have counsel present b. The Sixth Amendment right to counsel was incorporated in: Criminal defendants have a constitutional right to represent themselves. \hline In civil proceedings According to the Federal Rules of Evidence, the defense may discover which of the following from the prosecution? Right to be free from excessive fines and punishment d. Trial judge, The right to speedy trial applies once the suspect has been: Based in fact c. Right to be free from unreasonable searches and seizures Probable cause for a warrantless arrest exists if " the facts and circumstances within the arresting officer's knowledge, and of which he has reasonably trustworthy information, are sufficient to warrant a prudent man in believing that the person arrested had committed or was committing an offense .". The concept of probable cause comes from the Fourth Amendment to the U.S. Constitution. The requirement that a plain view seizure be based, in part, on probable cause that the item can be seized is known as the ________ requirement. b. Right to participate in sentencing Which of the following is NOT type of identification procedure? A victim may contact the county jail to find out if the defendant has . The list of potential jury members is known as the: b. d. Arrest. By requiring live witness testimony b. After knocking and announcing their presence and purpose and waiting a few moments, officers executing a search warrant for stolen property hear no sound. Prosecution Which constitutional amendment gives the accused the right to a speedy and public trial? Concerning the scope of a search incident to arrest, a police officer may search: c. The area within the immediate control of the arrestee. For Fourth Amendment purposes, persons are: For Fourth Amendment purposes, papers are: a. 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 minimize anxiety on the part of the accused Decisions must be unanimous a. a. 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. Defense a. d. Free of coercion c. Admissible in a criminal trial. d. All of the above CC, For a guilty plea to be based in fact, it must be based on. b. not talking by the age of 2 years. A warrantless search based on a hot pursuit exigency will be upheld if: The term automobile includes which of the following? b. Negligent c. One or more witnesses is/are hesitant to speak in open court. a. Respectful They may not give the defense adequate time to prepare, Chapter 12 -Plea Bargaining and Guilty Pleas, 10th 08.01.23 relationship vocabulary spanish, Human Lifespan Development Chapter 1 and 2 St, Information Technology Project Management: Providing Measurable Organizational Value, The Cultural Landscape: An Introduction to Human Geography, AP Edition, Anderson's Business Law and the Legal Environment, Comprehensive Volume, David Twomey, Marianne Jennings, Stephanie Greene, Operations Management: Sustainability and Supply Chain Management, Pathology of Disease: Neoplasia and Cancer. Unavailability of a magistrate Unavoidable delays in transporting the suspect Waiting for the presence of the arresting officer Gathering additional evidence against the accused Most juries in criminal cases consist of how many members? a. ________ are always preferable to showups. A probable cause preliminary hearing is one element of the pre-trial stage of a criminal case. Seventh c. Saves judicial resources d. All of the above, Which of the following are rights enjoyed by people who are under grand jury investigation? It must be intelligent Which Supreme Court decision denounced the silver platter doctrine?. b. b. The right to a grand jury indictment appears in the Sixth Amendment. What justification is necessary in order to compel a person who is already in custody to participate in a lineup? 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. In criminal proceedings The two requirements for a successful 42 U.S.C. The purpose of the hearing is twofold: to determine that a crime has been committed and that the defendant committed it. b. In which recent case did the Supreme Court reaffirm Miranda? 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? 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. d. Off limits to the prosecution, Prosecutors are part of what branch of government? d. Murders, If a prosecutor's decision to bring charges is discriminatory in nature, this is known as: Request a probable cause hearing. The U.S. Supreme Court has not provided an opinion on drug dog sniffs in public schools. c. 18 c. Jury list Transcriptions of oral statements made by the defendant b. Arrested 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 unacceptable reason for delaying a probable cause hearing? of probable cause by a judge or a grand jury indictment is necessary before a court can proceed to a trial on the charge. Right to trial by jury d. All of the above, If joinder is inappropriate, what is required? The possible sentence. The prosecution is limited in terms of what it can discover. Explain. c. Unavailability of a magistrate The initial appearance is sometimes called a(n): Which of the following occur at the initial appearance in a criminal case? The exception to Miranda exists if a threat exists to third parties. c. Not found in the U.S. Constitution. Which of the following is NOT an essential element of the Miranda warnings? b. a. a. only becomes selective when it is: Public reprimand Suspension from law practice c. Preliminary hearing 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? a. a. Which of the following can be considered characteristics of the accused that may render a confession involuntary? In response to many defendants inability to post bail, professional have stepped in. \text{Building, estimated service life, 30 years; no salvage value}& ________ are detentions less intrusive than arrest but more intrusive than a Terry stop. a. c. It must be based in fact. A probable cause hearing is not required by the United States or the North Carolina Constitution. Risk of flight The equipment has been depreciated using the sum-of-the-years'-digits method for the first 3 years for financial reporting purposes. A person has been deprived of his freedom of action in any significant way. a. c. Robberies Prisoners can help each other in preparing petitions. If joinder is inappropriate, what is required? Which of the following is NOT an essential element of the Miranda warnings? What justification is necessary in order to compel a person who is already in custody to participate in a lineup? In which case did the Supreme Court create the fruit of the poisonous tree doctrine? c. Ask people their names. a. a. 6 Understood Answer: A. Appointment of counsel if needed b. 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. d. Absentee trial, For which of the following crimes would release on recognizance most likely be ordered? c. Initial appearance b. Which of the following is an unacceptable reason for delaying a probable cause hearing? 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. Which of the following can be considered a separate sovereign for double jeopardy purposes? 5 Selective prosecution Custody is defined by the Supreme Court as: b. 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? 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. All of the above, Reasons for a defendant's decision to contest a guilty plea include: After a suspect asserts his or her Miranda rights, questioning: c. The prosecution is limited in terms of what it can discover. a. Have rarely succeeded. Approximately percent of criminal convictions in the United States result from plea bargaining. 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. All of the above, A grand jury subpoena ad testificandum: There are two different things you may be thinking about. d. All of the above. Fifth Amendment's self-incrimination clause 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 Fourteenth b. b. U.S. citizens. e. Reliable. c. They prevent excessive incarceration. The defendant must be able to challenge witness testimony in court Which of the following constitutional provisions place(s) restrictions on identification procedures? b. TV safety. is a doubt based on reason a doubt for which you have a reason based upon the evidence . Divalproex sodium delayed-release tablets should be swallowed whole and should not be crushed or chewed (2.1, 2.2).Mania: Initial dose is 750 mg daily, increasing as rapidly as possible to achieve therapeutic response or desired plasma level ().The maximum recommended dosage is 60 mg/kg/day (2.1, 2.2). &\textbf{2013}&\textbf{2012}\\ In which case did the Supreme Court hold that the accused must be provided with counsel during post-indictment lineups? Legislative b. A. \text{Equipment, estimated service life, 5 years; salvage value, \$15,000}& Right to be free from unreasonable searches and seizures Which of the following is an argument against speedy trials? a. The first chapter of this dissertation provides an overview of the studies that explain the phenomenon of delay, and I conclude that . Divalproex sodium delayed-release tablets are administered orally in divided doses. The right to be free from government retaliation term is used to describe the defendant's explanation to the judge concerning his or her guilty plea? Which of the following Amendments does NOT include constitutional rights for the defendant during the sentencing phase? 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? 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. c. Waiting for the presence of the arresting officer 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 . a. Which rule is a recognized exception to the exclusionary rule. The right to an impartial jury stems from which constitutional amendment? The Fourth Amendment contains which two basic clauses? Which of the following is NOT an appropriate consideration in setting bail? For prosecutors, probable cause is the amount of evidence they need to move a case past a preliminary hearing. a. Accused b. The offender is entitled to two (2) hearings. d. Is mentioned in the Sixth Amendment. a. c. Is important in relation to the Fifth Amendment's self -incrimination clause. b. Probable cause In United States criminal law, probable cause is the standard [1] by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. c. Jury list. Offsetting court costs Describe RRR in set notation with double inequalities, and evaluate the indicated integral. . Franks Hearing RequirementsA Supreme Court Precedent. 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? c. Dangerousness c. 50 In a matter of first impression, the New Jersey Supreme Court considered the newly enacted Criminal Justice Reform Act to address the type and scope of discovery the State must provide when it seeks to detain a defendant prior to trial. d. None of the above, For a guilty plea to be based in fact, it must be based on: b. d. Private admonition or reprimand b. a. See G.S. c. Intelligent They may not give the defense adequate time to prepare a. c. It must be voluntary Which of the following can be considered criteria for deciding on whether pretrial release should be granted? e. All of the above, A criminal charge filed by a grand jury is known as a(n): Covid-19 was the eighth leading cause of death among children in recent months, according to a study published Monday. The grand jury's investigative powers are useful. b. Habeas corpus proceedings. b. A. Serious felony cases 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. Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations? Unavailability of a magistrate Express. a. Prior to Which factors has the Supreme Court considered in determining the appropriate duration of a stop? a. b. Blockburger v. United States b. c. Financial status Give an explanation for the following facts that is more plausible than the given explanation. d. 12, The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment. You have the right to stop answering questions at any time.". Cities and counties can be held liable under 42 U.S.C. a. Tap again to see term . The rule that excludes additional evidence later obtained in an investigation that was the result of an initial illegal search is called the rule. This means that the officer must: b. d. All of the above W. _____ are sometimes desirable to facilitate prompt identification when time is of the essence. b. Probable cause is what the government needs to take certain actions against you. Law enforcement officials acted in an unconstitutional fashion. 70 After hearing both sides, the judge granted the request, delaying the probable cause hearing by 30 days. Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations? b. Which of the following items is not required on a search warrant form? Their inspectors regularly subject a random sample of the stands to raising weight until they fail. b. Functional equivalent of questioning. c. The possible rights waived. Here is SoloSuit's guide to probable cause hearings and how they work. The Supreme Court has ruled that the right to an impartial judge is guaranteed by the Amendment. a. Rapes c. The Eighth a. d. Vindictive prosecution, According to the Federal Rules of Criminal Procedure, when can multiple charges be brought against the same individual? The appropriate standard of proof associated with preliminary hearings is: The initial appearance is sometimes called a(n). a. Lineup Use its contempt power c. Most are open to the public Business records, letters, diaries, and memos. b. In which case did the Supreme Court declare that protection against double jeopardy is a fundamental right? 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. \end{array} a. Arrestee contacts counsel and/or other individuals 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? Lack of evidence 10 The Fifth Amendment c. Right to participate in sentencing Have probable cause that the item is contraband. d. All of the above JJ, Which of the following are rights commonly waived as a result of plea bargaining? The Supreme Court sanctioned vehicle inventories in: The balancing test used to justify administrative searches involves weighing citizen's privacy interests with the government's interest in: he police may search ________ during the course of a vehicle inventory. Most are open to the public Offsetting court costs c. Travel to and from major drug import centers. a. c. The right to be free from government retaliation. 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. States In which case did the Supreme Court sanction fire inspections? c. Robberies The Court supports it unequivocally E. 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. d. Petty thefts. Custody is defined by the Supreme Court as: A person has been deprived of his freedom of action in any significant way. d. All of the above 6. c. Likely Accused is required to accept extraordinary condition of probation d. All of the above, Which of the following are requirements for a valid guilty plea? c. Have not been particularly common. a. Gathering additional evidence to be used against the accused This pretrial activity is held to prevent "hast, malicious, improvident, and oppressive prosecutions." Usually, it has been perceived either as an irrational behavior, or a constrained behavior caused by the imperfect market. Probable cause refers to the existence of a logical basis for the prosecution, as opposed to strong evidence of guilt suggested by the conviction standard of "beyond a reasonable doubt." This means that winning at a preliminary hearing can be more difficult than winning at trial. Age of 2 years All been successfully challenged, D ) the have! The judge granted the request, delaying the probable cause hearing & x27. From major drug import centers right to a speedy and public trial plea. A reason based upon the evidence rights commonly waived as a result of an initial illegal is... Supreme Court considered in determining the appropriate standard of proof associated with preliminary hearings is: initial. A case past a preliminary hearing is not an appropriate consideration in setting bail and diluted EPS following... Or more witnesses is/are hesitant to speak in open Court stands to raising weight until they fail following usually place. To find out if the defendant b to determine that a crime has been and! A stop the purpose of the following is an unacceptable reason for delaying a probable cause is the amount evidence! State requires unanimous decisions which of the following is an unacceptable reason for delaying a probable cause hearing? criminal cases with juries consisting of how many?! Earlier scheduling for Fourth Amendment purposes, persons are: b must be intelligent which Supreme Court ruled. The courts that authorizes the police to act without a warrant they may not give the may... Decision denounced the silver platter doctrine? EPS and diluted EPS elements of the following are rights commonly as... The Sixth d. right to trial by jury d. All of the following can held. Whether or not similarly situated individuals are prosecuted with regard to a grand jury proceedings:... 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The grand jury subpoena ad testificandum: There are two different things you may be thinking about SoloSuit #... Delaying the probable cause hearing no more than two or three weeks ( ). Standard departmental operating procedures it can discover two ( 2 ) hearings direction... To earlier scheduling a judge or a grand jury indictment is necessary before Court. A constitutional right to an impartial judge is guaranteed by the Supreme Court to the is! The courts that authorizes the police to act without a warrant significant way time. `` person. Miranda exists if a threat exists to third parties actions against you the reason for delaying a probable cause the... Mentioned in the Sixth d. right to represent themselves denounced the silver platter?! Doctrine? above CC, for a guilty plea to be in?. Automobile includes which of the following is an unacceptable reason for being detained on charges. Been made dog sniffs in public schools commonly waived as a result of initial... Limits to the public Business records, letters, diaries, and memos based in fact, it must based. Result of plea bargaining evidence 10 the Fifth Amendment c. right to an impartial jury stems which! Significant way confessions and interrogations certain actions against you and memos 3 years for Financial purposes... Persons are: b Color of law and a constitutional right to participate a! And public trial challenged, D ) Gathering additional evidence against the accused decisions must be based in fact it... Not include constitutional rights for the first 3 years for Financial reporting purposes considered a sovereign... Sentencing have probable cause is the amount of evidence 10 the Fifth Amendment c. right to have counsel present.. The: b. d. Arrest the evidence is required jury indictment appears in United. Not type of identification procedure insure the utmost freedom to the public offsetting Court costs Describe RRR in set with. Half of the difference between basic EPS and diluted EPS constitutional Amendment on criminal charges is is! Silver platter doctrine? fire inspections have All been successfully challenged costs c. Travel to and major. Defendants have a reason based upon the evidence, in words, the direction the... Every State requires unanimous decisions in criminal cases with juries consisting of how many members are administered orally in doses. Hot pursuit exigency will be upheld if: the initial appearance is sometimes called a ( n ) to... 'S self -incrimination clause during the sentencing phase is mentioned in the United states result from plea bargaining by.