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The vast majority of crimes are investigated and prosecuted under federal laws |
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An arrest is a seizure under the Fourth Amendment |
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All arrests must be made with an arrest warrant. |
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Drug courier profiles ar legally used by law enforcement to help establish reasonable suspicion or probable cause |
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Reasonable suspicion is less information than probable cause |
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A law enforcement officer needs only reasonable suspicion to stop and question a person on the street |
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Police may order all passengers out of a car when making a lawful traffic stop |
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Most police work involves deadly force |
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A police officer is liable for false arrest when the officer arrest a person who did not commit the crime |
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The exclusionary rule means that the defendant cannot be tried or convicted if an illegal search was conducted |
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The fifth amendment provides the defendant with |
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the right to remain silent |
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Satements me by a defendant in custody before he or she has been given the Miranda warnings |
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are admissable at trial if the defendant repeats them after police give the warnings |
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Which f the following statements about the Miranda warnings is true? |
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failure to give Miranda warnings does not affect the validity of an arrest |
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Simon belonged to a political group responsible for blowing up several corporate offices of multinational companies. |
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admissible because of the public safety exception to Miranda |
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Sulla gives several incriminating statements in response to police questioning before she is given the Miranda Warnings. Her statements |
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will be inadmissible in court because of the exclusionary rul |
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The ________ issues a search warrant |
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The _____ carry out the search |
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he _____ decides whether evidence was legally obtained |
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The ______ brings the charges against the _______ |
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Tehe exclusionary rule is designed to limit ____________ to reasonable searches |
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reasonale belief that a person has committed a crime |
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what should not take place before reading the Miranda warnings |
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the defndan in a landmark case wh argued he was not aware of his rights before confessiong |
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the rule that prohibits use of illegally seized evidence in court |
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a sworn statement of facts and circumstances |
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Booking is the formal process in which a police record of the arrest is made |
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Defendants have the right to be free from self-incrimination, and therefore the police may not take fingernail clippings, handwriting samples, or bodily fluds |
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In amisdemeanor case, the defendant makes a plea at the initial appearance |
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A person has a constitutional right to bail in every case |
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The reason for a bail system is that jails are extremely overcrowded |
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During a criminal jury trial, the grand jury determines guilt or innocence |
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A motion is a formal request that the court make a ruling or takesome action |
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To ask the court to apply the exclusionary rule, the defense lawyer will file a motion to suppress |
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Plea bargaining is a negotiation process established to help only criminal defendants |
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Some states have eliminated plea bargaining so that prosecutors will drop weak cases and seek a conviction in cases where the evidence is strong |
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Police illegally enter Serge'shouse lookingg for a stolen TV. They do not find the TV, but they do observe a pawn ticket. Leaving the ticket where they find it, the officers go to the pawn shop where they observe the TV and seize it. Serge is prosecuted for the theft of the TV set. As Serge's attorney, which of the following pretrial motions would you make? |
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motion to suppress evidence |
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Which of the facts would a judge consider in deciding a motion to change venue |
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the convenience of witnesses |
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What does it mean if a udge releases a defendant on personal recognizance? |
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the defendant has adequate ties to the community and can be expected to return to court without a money bond |
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In a grand jurproceeding, which of the following is true? |
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the Fourth Amendment require a grand jury indictment for a serious federal crime |
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Which of the following is an argument in support of pretrial release? |
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it reflects the American judicial system's presumption of innocence |
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Im many cases the _______ and the defense enter into plea bargains |
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The ______ is not required to accept a pea bargain worked out by the parties. |
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The _______ may be allowed to take fingernail clipings, handwriting specimens, or blood samples from the _______ at booking. |
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The _______ may be allowed to take fingernail clipings, handwriting specimens, or blood samples from the _______ at booking. |
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The _______ prepares an information in misdemeanor cases. |
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A judge will not accept a plea bargain if the _______ does not fully understand and voluntarily enter the plea. |
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formal charge of a felony |
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group of people charged with determining whether there is sufficient cause to believe that a person should stand trial for a crime |
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money to secure a person's return for further hearings |
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Court hearing in which defendant enters a plea |
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plea in which defendant does not admit guilt but does not contest the charges |
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focs the defene counsel and prosecutor to discuss the relative strengths and weaknesses of their cases |
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f case iweak, may still get a conviction to a lesser crime |
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receive some favrable benefits (reduced criminal charge, lower penalty) |
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is less expensive (for those who pay for their own counsel) and less time-consuming |
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helps them achieve a favorable outcome for their client, such as a reduced charge, a lesser penalty, or other chages dismissed |
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without guilty pleas, trials on these charges could not occur within the speedy trial rule |
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may feel pressured to accept a plea bargain |
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