Before the results of scientific test will be admissable as evidence in a trial, the procedures used must be sufficiently established to have gained genral acceptance in the particular field to which they belong. 11 - Abramson & Moore).pdf, John Jay College of Criminal Justice, CUNY • LAW 203, North Side High School • CRIMINAL JUSTICE 9-B UNIT, Home School Academy • CRIMINAL JUSTICE 101, John Jay College of Criminal Justice, CUNY • POLI SCI 202, Grambling State University • CRIMINAL JUSTICE.
For a guilty plea to be based in fact, it must be based on which of the following?
Question 1: Can Danny challenge his conviction? Officer Farrell has recently been assigned to conduct an identification procedure for a murder case.
Criminal Procedure Spring 2020 Final Exam, Trump’s Executive Order on Social Media Platforms and the Communications Decency Act, Telephonic Oral Argument Allows Justices to Explore Neat First Amendment Puzzles, Coronavirus Protesters, Free Speech, and the Nature of Liberty.
held liable if violated a clearly established statutory or constitutional right of which a reasonable person would have known. by jfm00787, Jul. Sarah and Phillip were witnesses in a shooting that took place in a shopping mall. What are factors which determine if right to a speedy trial has been violated? Accepting a plea bargain always means pleading guilty, whereas pleading guilty does not always mean accepting a plea bargain. Cutting through the rhetoric – for free speech values.
Paul’s attorney does not call any character witnesses, assuming that all of Paul’s friends are shady people. Which Supreme Court case held that the Fourth Amendment requires a probable cause hearing either before or promptly after arrest?
If the jury or the judge in a bench trial has a reasonable doubt as to the defendant's guilt, the jury or judge should pronounce the defendant not guilty. The accused is required to accept an extraordinary condition of probation.
In which case did the Supreme Court hold that an illegally-conducted lineup does not invalidate later identifications resulting from an ʺindependent source?ʺ.
The right to counsel "after" formal charges are filed.
Match.
Warrantless searches of Automobiles, Automobile inventory searches, a warrant issued by the competent authority authorizing a police officer to search a specified place for evidence even without the occupants consent Is generally required to validate a 4th Amendment search, subject to a few exceptions. The police use this handwriting sample to compare it to the handwriting of one of the masterminds of the cheating ring. Kenneth and the court accept the plea deal and he provides the prosecutor with the requested information. He is indicted along with three other officers who were present during the incident. The encounter remains consensual even if the officer asks you questions, or asks to examine your identification or your belongings, as long as the officer does not suggest that you comply. Which is a reason for the applicability of the Sixth Amendment right-to-counsel during plea bargaining? potential for eyewitness misidentification of the offenders is great.
The jury list is all potential jurors; the jury panel is selected from the jury list. They can subpoena a witness to come and talk to them. Evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness. Placing a GPS tracker on a car is a search, under Jones, and so probable cause and a warrant is needed. It shows, or tends to show, a defendant's involvement in an act. Grading Rubric – Criminal Procedure Final Exam JFK School of Law, Spring 2013 Ian Kelley The exam was split into three questions, each of which was given roughly equal weight.
On StuDocu you find all the study guides, past exams and lecture notes for this course ... Criminal proceedure notes final New. Ringo can also exclude this evidence as the result of an illegal search of his car, because it is the fruit of the poisonous tree of his illegal search, under Wong Sun. What decision will it likely make? If the spouse doesn't confess to a crime but there is evidence that he/she did commit the crime so they can be forced to testify. Members of the GPD put a recording device on John’s best friend George. Which of the following is an argument against speedy trials? Note: The subject is Criminal Procedure and; Explain the proper procedures for conducting a lineup and a photographic identification procedure. He accepted the prosecution's charges and pled guilty. Allison paid the money and was released from jail. The witness is not constituionally entitled to transactional immunity before he/she can be compelled to testify. Gordon is a prosecutor in a drug trafficking case.
What is the “good faith” (also known as the qualified immunity) defense? Later it was said that it would be thrown out because tainted lineups can not be used as evidence. There may not be sufficient probable cause to use this device, as all we have is Ringo, who has been implicated in the cheating ring, going to Yoko’s house on a number of occasions. No other defendant has standing to challenge the use of this evidence. Which is true of tainted identifications? Which of the following terms best describes the court's actions in this scenario? Yes, even if he believes interrogation is of a minor crime. He was sentenced and then tried to appeal that the wifes identification was inadmissible because of the institution that he was the only african american guy.
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when it is capable of influencing the outcome of the case. On making an inquiry, the court discovered that Liam claimed that he had not committed the crime with which he was charged. None Pages: 87 year: 2018/2019.
Tyler's ________ rights have been violated in this scenario. Please sign in to share these flashcards. it does not resemble in adversarial trial.
Which of the following identification procedures is illustrated in the above scenario?
A court must make the following decisions. The police officer asks Janine to confirm if the man she just saw was the same person responsible for the robbery. several privileges that allow people to refuse to talk to police about the case.
Which four elements are used to determine if a defendant's right to a speedy trial has been violated? articulable facts combined with logical inferences that support that crime is afoot. A 9-3 jury verdict for conviction is constitutional. John is a witness in a case of homicide. Criminal Procedure Final Exam Criminal Procedure Final Exam by jfm00787, Jul. What must be proven beyond a reasonable doubt? The court later learns of the perjury committed by the prosecution, and the defendant's conviction is reversed.
Prior to Miranda, what did the courts decide on the admissibility of confession? As a result of this discovery, police point a device at Yoko’s house from across the street that measures a specific stress hormone associated with illegal activity (and usually only illegal activity) that emanates off the walls of Yoko’s apartment building, in order to determine if illegal activity is happening inside.
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Plus, under cases like Illinois v. Perkins, this is not a custodial interrogation that needs to be Mirandized because John isn’t feeling the compulsion of a custodial interrogation, since he doesn’t realize George is working with the police. Corinne is an eyewitness in a rape case. No intrusion into a person’s reasonable expectation of privacy. STUDY. Which is true of a removal of a judge who is deemed biased or not impartial?
Which is an example of ad hoc plea bargaining? Allen was arrested for first degree murder. Which is true regarding probable cause hearings?
With psychologists if they think their client is a threat to themselves or other people than they are allowed to tell parents, police, etc.
Because Yoko came to the station voluntarily, she was not in custody. fifth amendment, A defendant has a right to have the assistance of counsel and if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses, generally regarded as a constituent of the right to a fair trial. The prosecution offers him a plea deal that will result in 90 days in jail and 2 years of supervised probation if he cooperates and provides information on a higher level drug dealer. Kenneth's defense attorney objects to the new sentencing.
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The charges are filed before the bargaining begins. The key is whether one offense contains the same elements as the other. A plea in which the defendant claims responsibility for the crime with which he or she has been charged is called ______________.
Criminal Law and Procedure (070114 ) University of Technology Sydney. the hearing must take place within 48 hours of the arrest. When is it difficult to show an intelligent waiver of rights? When does the custody part of custodial interrogation start?
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