30 Questions
What is the primary purpose of pretrial release services?
To interview persons who have been arrested to determine bail
What is the role of a paralegal in the pretrial process?
To obtain criminal records and summarize outcomes for the file
What is the purpose of an interlocutory appeal?
To review bail decisions if denied or too high
What is the primary concern in determining the conditions of pretrial detention?
Ensuring the accused's rights are not violated
What is the purpose of a rocket docket?
To speed up the resolution of felony cases
What information is typically obtained by pretrial release services during an interview?
The accused's ties to the community, employment, schooling, and prior record
What is the primary purpose of the initial interview with the defendant?
To establish the nature of the relationship with the client
What is the purpose of an extradition hearing?
To determine whether the defendant is a fugitive from justice
What is the role of the executive branch in the intake process?
To decide whether to file charges
What is the purpose of reviewing relevant statutes during the intake process?
To understand the severity of the crime
What is the purpose of preserving excited utterances in an investigation?
To preserve spontaneous statements from victims or witnesses
What is the purpose of an intake form during the intake process?
To gather information about the crime and the defendant
What is the primary purpose of the Miranda rights?
To inform the accused of their rights during interrogation
Under what circumstances can an individual invoke their right to remain silent?
When being interrogated in custody
What is the result of an individual invoking their right to counsel?
Interrogation must stop until an attorney is present
What is the significance of the phrase 'ANY STATEMENT GIVEN FREELY AND VOLUNTARILY WITHOUT A COMPELLING INFLUENCE IS ADMISSABLE AS EVIDENCE'?
It means that statements made voluntarily without coercion are admissible as evidence
What is the determining factor in deciding whether an individual is 'in custody'?
The circumstances surrounding the interrogation
What is the result of an individual answering follow-up questions after volunteering an incriminating response?
The interrogation continues with follow-up questions
What is the primary requirement for a police officer to seize an item under the plain view doctrine?
The officer must be lawfully present at the scene and the item's criminal character must be immediately apparent.
Under what circumstances can police officers search a motor vehicle without a warrant?
When the vehicle is impounded.
What is the main requirement for a consent search to be valid?
The prosecution must prove that the consent was voluntary.
What is the 'community caretaker function' exception to the warrant requirement?
An independent police function to protect the community and prevent harm.
What is the 'inevitable discovery' doctrine?
A doctrine that allows police officers to use evidence obtained through an illegal search if it would have been discovered inevitably.
What is the main difference between a search conducted by a police officer and a search conducted by a private individual?
A search conducted by a police officer is subject to the Fourth Amendment, while a search conducted by a private individual is not.
What is the primary purpose of the exclusionary rule in regards to the 5th amendment?
To exclude any confession or evidence obtained in violation of the 5th amendment
Who is protected by the 5th amendment?
Only individuals, not corporations
When must a person be informed of their 5th amendment rights?
Only during police interrogation
What is an incriminating statement according to the 5th amendment?
A statement that provides evidence needed to prosecute
In which type of proceeding does the 5th amendment not apply?
Psychiatric commitments
Under what circumstances can incriminating testimony be compelled?
When the witness is facing prosecution in a foreign country
Test your knowledge on the 5th amendment's privilege against self-incrimination, limits on police interrogation and confession, and the exclusionary rule. Learn how it applies to criminal proceedings and protects individuals from self-incrimination.
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