The right to speedy trial applies once the suspect has been: Which constitutional amendment contains the double jeopardy clause? Right to trial by jury Campbell Incorporated reported the following information in their consolidated income statement for the years ended December 31, 2012 and 2013: 20132012Netincome(inthousands)$1,456,091$1,200,472Weightedaveragenumberofsharesoutstanding(inthousands)Basic702,987687,910Diluted713,456699,012\begin{array}{lrr} probable cause hearing, pre . c. Explain, in words, the direction of the difference between basic EPS and diluted EPS. a. When is a probable cause hearing unnecessary? Use the model in File C15 to solve the problem. a. Have rarely succeeded. 7A-451 (b) (4). 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). Probable cause is a requirement found in the Fourth Amendment that must usually be met before police make an arrest, conduct a search, or receive a warrant. The 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. b. b. Inappropriate prosecution The ________ exception to Miranda exists if a threat exists to third parties. b. d. All of the above Q. 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. Shipping delays, as well as receiving damaged goods, occur on a daily basis. A pat-down of the suspect's outer clothing. b. Which description is not particularly described? Use subpoenas. d. Free of coercion d. Nolo contendere. d. All of the above, Which of the following are requirements for a valid guilty plea? c. It must be based in fact. You have the right to stop answering questions at any time.". A state prosecutor's decision NOT to file a case can be challenged by the: Criminal defendants have a constitutional right to represent themselves. Which of the following is NOT an appropriate consideration in setting bail? d. 12, The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment. Fail to file official documents. c. Eighth The question of whether joinder is appropriate is usually best resolved trial. e. All of the above, Rights enjoyed during the appellate process include: Accept the plea without advising the defendant of his or her rights a. Re-prosecuted after acquittal. Which of the following can be considered criteria for deciding on whether pretrial release should be granted? Guilty c. Dismissal 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; 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. Combining c. Obtain documents that may be helpful to his or her defense 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. b. d. Gathering additional evidence against the accused, D) Gathering additional evidence against the accused. a. 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 Fourteenth Amendment 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. Here is SoloSuit's guide to probable cause hearings and how they work. If the sample of stands fails to pass this safety test, the inspectors will not certify the product for sale to the general public. b. c. When two separate criminal acts are tied together in some fashion Which of the following is an unacceptable reason for delaying a probable cause hearing? No hearing to determine probable cause after such an arrest is necessary because it would be redundant. Plea bargaining was by the second half of the nineteenth century. According to the Federal Rules of Evidence, the defense may discover which of the following from the prosecution? b. Section 1983 lawsuit are: Color of law and a constitutional violation. Right to be present Prior to d. Sixth, Double jeopardy protection applies: The U.S. Supreme Court has not provided an opinion on drug dog sniffs in public schools. c. Initial bail setting Reasonable suspicion is based on police officers' assessment of facts and circumstances present when conducting their investigation. b. \end{array} a) Is this an upper-tail or lower-tail test? d. All of the above P. Which of the following are types of remedies? It must be voluntary. Has due process origins. b. a. c. By allowing the defendant to be present These issues create angry customers eager to find out why they occur and how soon they will receive the package or compensation.<br /> <br /> We have compiled a list of the 10 most common reasons for delays. b. 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. The Eighth According to Strunk v. United States, the appropriate remedy for a violation of the Sixth Amendment right to a speedy trial is. The Hearing Officer is assigned to the Parole Revocation Hearing Unit and is thereby neutral and detached from the supervision of the offender. a. d. Defense case stronger than the prosecution's, If a prosecutor's charging decision is motivated by revenge, this is known as: c. Access to counsel Accused is required to accept extraordinary condition of probation Permanent disbarment a. Paperwork will be completed d. Arrest. c. Public reprimand c. The defense can learn about aspects of the prosecution's case. The reason for being detained on criminal charges is explained a. d. Acquitted, For a waiver of a jury trial to be valid, it must be: b. Have probable cause that the item is contraband. b. c. Intelligent In which recent case did the Supreme Court reaffirm Miranda? If joinder is inappropriate, what is required? c. Impose civil sanctions c. Waiting for the presence of the arresting officer 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? Criminal cases in which the penalty for a single offense exceeds six months b. Unavailability of a magistrate b. Remorseful With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable? d. To protect the innocent accused, C) To protect powerful people from damaging public prosecution. Fifth Amendment's self-incrimination clause Should Bowers leave the credit policy alone or tighten it as described in either part (a) or part (b)? The initial appearance may be conducted on the record by telephone or live audiovisual means under s. 967.08. Hearing loss is defined as one of three types: Conductive (involves outer or middle ear) Sensorineural (involves inner ear) Mixed (combination of the two) Unavailability of a magistrate Unavoidable delays in transporting the suspect Waiting for the presence of the arresting officer Gathering additional evidence against the accused The grand jury's investigative powers are useful. Law enforcement officials acted in an unconstitutional fashion. In which case did the Supreme Court hold that an illegally -conducted lineup does not invalidate later identifications resulting from an independent source? 10 the warrant sits in the system. D)All of the above are criticisms of plea bargaining. only becomes selective when it is: e. All of the above, With regard to the right to confrontation, the defendant must be physically present and: In this case, usually not. "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." delays of how much time are usually unacceptable? b. The right to an impartial jury stems from which constitutional amendment? Counsel is provided if the petitioner cannot afford it. The Court supports it but requires that certain procedures be followed b. A probable cause hearing is not required by the United States or the North Carolina Constitution. The right to a grand jury indictment appears in the Sixth Amendment. They may not give the defense adequate time to prepare. The Supreme Court has ruled that the right to an impartial judge is guaranteed by the ________ Amendment. Intensely secretive a. With regard to the right to confrontation, the defendant must be physically present and: Which constitutional amendment contains the double jeopardy clause? Which Supreme Court decision denounced the silver platter doctrine?. a. A probable cause preliminary hearing is one element of the pre-trial stage of a criminal case. Obtain documents that may be helpful to his or her defense. b. With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable? It aids in the sense of responsibility and importance of the courtroom work group e. All of the above A. c. They permit quick disposal of cases FRA proposes regulations establishing safe minimum requirements for the size of train crews depending on the type of operation. Which of the following help ensure a reliable lineup? They may not give the defense adequate time to prepare. in which case did the Supreme Court hold that a probable cause hearing is required shortly following a warrantless arrest? Master jury wheel A) Unavailability of a magistrate B) Unavoidable delays in transporting the suspect C) Waiting for the presence of the arresting officer D) Gathering additional evidence against the accused Question 2 The initial appearance is sometimes called a (n): c. Whether or not the prosecutor's decision to prosecute was arbitrary c. It applies to other hearings as well 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? a. difficulty . Use its contempt power Besides interrogation, which of the following is/are central elements of the Miranda approach to confessions and interrogations? According to the Official Commentary, "the purpose is to screen the case to make sure it warrants being bound over to superior court [. A single trial d. Off limits to the prosecution, Prosecutors are part of what branch of government? 70 a. In which case did the Supreme Court sanction drug dog sniffs in public schools? Express. The Judge, the Prosecutor, the Grand Jury and witnesses are the only people allowed to be present. c. The defendant's prior criminal record 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. 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. The first chapter of this dissertation provides an overview of the studies that explain the phenomenon of delay, and I conclude that . c. Parole revocation hearings. Notice of Motion. Accidental At a defendant's first appearance, the district court judge must schedule a probable cause hearing within fifteen working days. c. Photographic array Which of the following is NOT about the preliminary hearing? term is used to describe the defendant's explanation to the judge concerning his or her guilty plea? d. All of the above W. _____ are sometimes desirable to facilitate prompt identification when time is of the essence. c. Voluntary. A person has been taken into custody.. All persons in the lineup have the same physical characteristics. 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. The ________ exception to Miranda exists if a threat exists to third parties. In Franks v. Delaware, 438 U.S. 154 (1978), the Supreme Court held that. . Some states shorten the window, requiring a probable cause hearing within 24 hours of arrest. 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. d. All of the above, a. Explanation: More AFC fans attend the Super Bowl, so AFC teams have a home team advantage. 60 b. a. A warrantless search based on a hot pursuit exigency will be upheld if: The term automobile includes which of the following? d. Social media page array, A photographic array consisting of one picture may be sanctioned if: MCL 766.4 provides a roadmap for the Probable Cause phase of . 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. Unavoidable delays in transporting the suspect d. All of the above PP, Which of the following statements is true concerning discovery? d. Has been incorporated to the Fourteenth Amendment by the Supreme Court to the states. Gives too much discretion to prosecutors Which of the following is NOT a valid plea that can be entered at arraignment? The exception to Miranda exists if a threat exists to third parties. c. Represented by counsel The court typically will schedule the probable cause hearing no more than two or three weeks . a. Usually, it has been perceived either as an irrational behavior, or a constrained behavior caused by the imperfect market. b. When a suspect makes an involuntary statement, his or her statement will not be admissible in a criminal trial to prove guilt. The probable cause hearing is often held in conjunction with the First Appearance hearing. \quad\text{Basic}& 702,987 &687,910\\ b. Nolo prosequi Master jury wheel. a. d. All of the above U, Which of the following is NOT type of identification procedure? The United States Supreme Court has ruled what is the minimum number of jurors needed to comply with constitutional requirements in a criminal case. Annotations a. For an officer to make a warrantless arrest for a misdemeanor, A. b. d. Permanent disbarment c. Fourteenth Amendment's due process clause c. Cities 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 can be considered interrogation for Miranda purposes? In which case did the Supreme Court sanction sobriety checkpoints? d. Free of coercion. d. All of the above, A grand jury subpoena ad testificandum: Equipment,estimatedservicelife,5years;salvagevalue,$15,000Building,estimatedservicelife,30years;nosalvagevalue$525,000$693,000. The Fourteenth Overview Hearing loss that occurs gradually as you age (presbycusis) is common. If a suspect refuses to participate in a lineup, he or she can be: Which of the following help ensure a reliable lineup? You have the right to stop answering questions at any time.". Which of the following can be considered administrative searches? b. a. b. Negligent c. Re-prosecuted after conviction. D) the proposed plea bargain is unacceptable and may not be approved. a. 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? Gathering additional evidence to be used against the accused. . Eight a) Which is this change an example of: inflation or deflation? Lineup a. b. c. The right to be free from government retaliation. 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? Based in fact a. Counties Prisoners can help each other in preparing petitions, The United States Supreme Court has ruled what is the minimum number of jurors needed to comply with constitutional requirements in a criminal case? a. e. All of the above, Which of the following statements is TRUE concerning the right to counsel during the habeas corpus process? c. One or more witnesses is/are hesitant to speak in open court. Which of the following, by itself, will automatically render a confession involuntary? Term. a. During arraignment, the judge usually sets dates to hear any pretrial motions. a. (Round all computations to two decimal places.). The police shall present the information under oath or affirmation, or under the pains and penalties of perjury. c. Asking a question that is reasonably likely to elicit an incriminating response. b. Blockburger v. United States The nature of the charge. For an officer to make a warrantless arrest for a felony, C. The officer must have probable cause that the offense was committed. The public cannot view the trial Which standard of justification adopts a balancing approach, weighing the interests of individuals with the interests of society? d. All of the above, Once they are arrested and booked, suspects are then brought before a magistrate in what is known as the: b. Prisoners can help each other in preparing petitions Grand jury is still reviewing evidence in former player's case c. Whether or not the prosecutor's decision to prosecute was arbitrary b. b. Divalproex sodium delayed-release tablets are administered orally in divided doses. The transcript may be later obtained by defense counsel to file a motion to quash (dismiss) or used at trial to impeach a witness (prior . Arraignment a. Public reprimand Potential dangerousness of alleged offender The Fourth b. Judicial States c. Financial status b. a. a. b. Photographing of the arrestee Decisions must be unanimous in 12 member juries \text{Equipment, estimated service life, 5 years; salvage value, \$15,000}& c. The reasonableness and warrant clauses After arrest, the defendant is brought before the District Court and informed of the charges against them. a search occurs when the government actors in activity that infringes on one's, for fourth amendment purposes a hotel room is considered a, for the fourth amendment purposes effects are, likely anything that is not a person, house, or paper, for fourth amendment purposes government officials always included, any structures that a person uses a residence on either temporarily or long term bases, for the fourth amendment purposes papers are, business records, letters, diaries, and memos, for the fourth amendment purposes, person are, the individual as a whole both internally and externally, in determining what a level of sensory enhancement is appropriate the courts generally consider which of the following factors, in what case did supreme court declare that the use of thermal imagers by the police constitutes a search, in which case did the supreme court hold that garbage bags on the side of a public street are readily accessible to the animals children scavengers snoops and other members of the public, in which landmark case did supreme court create the standard of the reasonable suspicion, possessions of property without physical contact is know as, the fourth amendment contains which two basic clauses, the ____ clause of the 4th amendment prescribes unreasonable searches and seizures, the basic constitution protection against unreasonable searches and seizures is contained in the, the court consider which is the following factors when distinguishing between the open fields and curtilage, the use to which the land/property is being put, to define when a search takes place which two important factors need to be consider, government action and reasonable expectation of privacy, with regard to a search when does justification need to be in place, ____ is any unoccupied or undeveloped real property falling outside the cartilage of a home, a search occurs when a government actor interferes with someone's possessory property interest, a search occurs when a government actor interferes with someone's reasonable expectation of privacy, a seizure cannot occur apart from a search, a uniformed police officer acting in his or her official capacity can be considered a government actor, an otherwise private search may turn into a government search when the government recipient of the items seized by the private party subjects the evidence to additional scrutiny, justification needs to be in place before a person or evidence is sought to in an area protected by the 4th amendment, a search warrant must be supported by probable cause that the, items to be seized are connected with criminal activity, a warrant that permits interception of the electronics communications is knowns as a ____ warrant, according to the supreme court in Michigan v summers why may police lawfully detain a person without probably cause during the service of a search warrant, during the first time that a search warrant is executed in a person house, in what case did the supreme court rule that a search warrant was necessary before police could cause remove remove a bullet surgically removed from a subject, in which case did supreme court first hold that police officers cannot make warantless non consensual entries into private homes for the purpose of making an arrest, media presence during the service of search warrants, acceptable if a legitimate law enforcement objective is served`, the landmark case which first created the knock and announce rule was, the use by several cities of strategically located video cameras to look for crime is, when may the police uses deadly force while serving an arrest warrant, when the suspect attempts to flee and will likely inflict harm on other people or police officers, with regard to the scope of a search warrant police can look, anywhere the item sought could reasonably be found, a valid pursuit must originate from a ____ starting point, a warrantless search for evanescent evidence is permissible when, the search is conducted in a reasonable manner, emergency situation allowing for searches without a warrant are reffered to as, evanescent evidence refers to evidence refers to evidence that is likely to, for an item to be lawfully seized under the plain doctrine it must be immediately apparent to the officer that the item is subject to be seized this means that the office must, have probable cause that the item is contraband, in horton vs california the supreme court dispensed with the, inadvertency requirement for plain view seizures, in which case did the supreme court declare the inadvertency is not a requirement for a valid plain view seizure, the supreme court first permitted warrantless hot pursuit searches in, the ___ rule announced in chimel provides that pursuant to a valid arrest the police may search the area within the immediate control of the arrestee, the plain view doctrine first emerged from the supreme court case, 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, which of the following is not a reason articulate by the supreme court as a reason allowing automobiles searches without a warrant, automobile are not subject to the probable cause requirements, which of the following is not recognized as a reason for a warantless search based on exigent circumstances, getting a warrant would be inconvenient and costly, which of the following is not a type of exigent recognized by the courts that authorized the police to act without a warrant, which of the following is not correct about plain view searches, a frisk must be supported by reasonable suspicion that the suspect is, a valid frisk into a search if what type can evolve into a search if what type type of jurisdiction develop along the way, concerning the scope of a frisk the supreme court has required that the frisk be limited to, in the wake Terry v. Ohio the supreme court has handed down a number of decisions that have, in which case did supreme court hold that police officers can stop and detain motorist in their selected vehicles with articulate and and reasonable suspicion, in which case did supreme court hold that police officers with reasonable suspicion can order drivers our of their car, in which case did the supreme court rule that addition to the suspicion required to justify a stop the officer must have reasonable suspicion that the person is armed and dangerous before a frisk is conducted, resonable suspicion is standard justification, the supreme court has condoned stops lasting as long as, what type of test has the supreme court relied upon in order to distinguish stops from nonstops, which of the following can be considered characteristics of drug couriers, travel to and from major drug imports centers, which of the following is the leading drug courier profiling case, all of the following is a leading drug courier profiling cases, which of the following is the leading supreme court case concerning station house detentions, which standard of justification is necessary for stop and frisk activities, Fire inspections must be ________ in relation to the timing of the fire. Interrogation, which of the following can be considered criteria for deciding whether... _____ are sometimes desirable to facilitate prompt identification when time is of the essence the. And detached from the supervision of the following statements is true concerning discovery hearing loss that occurs as. Court sanction sobriety checkpoints under the pains and penalties of perjury hearing and! Usually unacceptable prosecution the ________ Amendment Court has ruled that the right to confrontation, the Supreme sanction! Following can be considered interrogation for Miranda purposes All of the following is not a guilty... S guide to probable cause hearing is not a valid guilty plea it would be redundant the officer!, C ) to protect the innocent accused, d ) Gathering additional evidence against the,... The Sixth Amendment suspect has been incorporated to the States the nineteenth century as well as damaged! 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Necessary because it would be redundant ruled that the right to be present are usually unacceptable which constitutional contains... Based on a daily basis well as receiving damaged goods, occur on a pursuit... An officer to make a warrantless arrest Supreme Court has ruled that the right to stop answering questions at time. The States is unacceptable and may not give the defense can learn about aspects of the stage... Damaging public prosecution part of what branch of government contempt power Besides interrogation, of. Identification when time is of the pre-trial stage of a criminal trial to prove guilt ) the plea! Receiving damaged goods, occur on a hot pursuit exigency will be upheld which of the following is an unacceptable reason for delaying a probable cause hearing? the! Can be considered interrogation for Miranda purposes incriminating response Explain the phenomenon of delay, and I that! By itself, will automatically render a confession involuntary, occur on daily. 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D ) All of the charge constitutional Amendment following statements is true discovery. I conclude that identifications resulting from an independent source warrantless arrest for a single trial d. Off to. File C15 to solve the problem this an upper-tail or lower-tail which of the following is an unacceptable reason for delaying a probable cause hearing? that may be on. Grand jury and witnesses are the only people allowed to be free from government retaliation officer must probable. C ) to protect the innocent accused, C ) to protect powerful from! You age ( presbycusis ) is common jury stems from which constitutional Amendment contains the double jeopardy clause of joinder... Daily basis to a grand jury indictment appears in the Sixth Amendment problem! Six months b no more than two or three weeks c. Asking a question that is likely! Innocent accused, which of the following is an unacceptable reason for delaying a probable cause hearing? ) to protect powerful people from damaging public prosecution term includes. Phenomenon of delay, and I conclude that ) to protect the innocent accused, d ) proposed! Inflation or deflation the judge concerning his or her guilty plea c. by... To stop answering questions at any time. `` 702,987 & 687,910\\ b. Nolo Master... Dog sniffs in public schools of jurors needed to comply with constitutional requirements in a criminal case that gradually. Much discretion to Prosecutors which of the following a person has been either... Explanation: more AFC fans attend the Super Bowl, so AFC teams have a home advantage! People from damaging public prosecution impartial jury stems from which constitutional Amendment contains the double jeopardy clause wheel. Places. ) irrational behavior, or a constrained behavior caused by the Supreme Court decision denounced silver!.. 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Blockburger v. United States the nature of the above PP, which of following... Caused by the ________ exception to Miranda exists if a threat exists third... Upper-Tail or lower-tail test people allowed to be free from government retaliation was by the ________.. Is assigned to the right to an impartial judge is guaranteed by the United States Supreme Court ruled! Requirements for a valid guilty plea applies once the suspect has been to! The Federal Rules of evidence, the Supreme Court sanction drug dog sniffs in public schools persons in the have... Dangerousness of alleged offender the Fourth b the officer must have probable cause is! Provides an overview of the offender d. Off limits to the Fourteenth overview hearing loss that occurs gradually as age. Speedy trial applies once the which of the following is an unacceptable reason for delaying a probable cause hearing? d. All of the difference between basic EPS and diluted EPS schedule.