Podcast
Questions and Answers
What is the primary purpose of pretrial release services?
What is the primary purpose of pretrial release services?
What is the role of a paralegal in the pretrial process?
What is the role of a paralegal in the pretrial process?
What is the purpose of an interlocutory appeal?
What is the purpose of an interlocutory appeal?
What is the primary concern in determining the conditions of pretrial detention?
What is the primary concern in determining the conditions of pretrial detention?
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What is the purpose of a rocket docket?
What is the purpose of a rocket docket?
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What information is typically obtained by pretrial release services during an interview?
What information is typically obtained by pretrial release services during an interview?
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What is the primary purpose of the initial interview with the defendant?
What is the primary purpose of the initial interview with the defendant?
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What is the purpose of an extradition hearing?
What is the purpose of an extradition hearing?
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What is the role of the executive branch in the intake process?
What is the role of the executive branch in the intake process?
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What is the purpose of reviewing relevant statutes during the intake process?
What is the purpose of reviewing relevant statutes during the intake process?
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What is the purpose of preserving excited utterances in an investigation?
What is the purpose of preserving excited utterances in an investigation?
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What is the purpose of an intake form during the intake process?
What is the purpose of an intake form during the intake process?
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What is the primary purpose of the Miranda rights?
What is the primary purpose of the Miranda rights?
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Under what circumstances can an individual invoke their right to remain silent?
Under what circumstances can an individual invoke their right to remain silent?
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What is the result of an individual invoking their right to counsel?
What is the result of an individual invoking their right to counsel?
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What is the significance of the phrase 'ANY STATEMENT GIVEN FREELY AND VOLUNTARILY WITHOUT A COMPELLING INFLUENCE IS ADMISSABLE AS EVIDENCE'?
What is the significance of the phrase 'ANY STATEMENT GIVEN FREELY AND VOLUNTARILY WITHOUT A COMPELLING INFLUENCE IS ADMISSABLE AS EVIDENCE'?
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What is the determining factor in deciding whether an individual is 'in custody'?
What is the determining factor in deciding whether an individual is 'in custody'?
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What is the result of an individual answering follow-up questions after volunteering an incriminating response?
What is the result of an individual answering follow-up questions after volunteering an incriminating response?
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What is the primary requirement for a police officer to seize an item under the plain view doctrine?
What is the primary requirement for a police officer to seize an item under the plain view doctrine?
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Under what circumstances can police officers search a motor vehicle without a warrant?
Under what circumstances can police officers search a motor vehicle without a warrant?
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What is the main requirement for a consent search to be valid?
What is the main requirement for a consent search to be valid?
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What is the 'community caretaker function' exception to the warrant requirement?
What is the 'community caretaker function' exception to the warrant requirement?
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What is the 'inevitable discovery' doctrine?
What is the 'inevitable discovery' doctrine?
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What is the main difference between a search conducted by a police officer and a search conducted by a private individual?
What is the main difference between a search conducted by a police officer and a search conducted by a private individual?
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What is the primary purpose of the exclusionary rule in regards to the 5th amendment?
What is the primary purpose of the exclusionary rule in regards to the 5th amendment?
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Who is protected by the 5th amendment?
Who is protected by the 5th amendment?
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When must a person be informed of their 5th amendment rights?
When must a person be informed of their 5th amendment rights?
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What is an incriminating statement according to the 5th amendment?
What is an incriminating statement according to the 5th amendment?
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In which type of proceeding does the 5th amendment not apply?
In which type of proceeding does the 5th amendment not apply?
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Under what circumstances can incriminating testimony be compelled?
Under what circumstances can incriminating testimony be compelled?
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Study Notes
Interviewing and Preliminary Hearing
- State must demonstrate probable cause during the preliminary hearing to proceed with prosecution.
- Initial interview with the defendant is crucial for establishing client relationship, guiding the investigation, and outlining defense strategy.
- Fee arrangements for legal representation are determined during the initial interview.
Preparation for Interview
- Ethical considerations must be reviewed before conducting the interview.
- Collect and understand all relevant case information and applicable statutes.
- Create an interview form and a checklist of items to bring to the interview.
- Be ready to handle challenging clients or witnesses, such as those who are aggressive, manipulative, or overly friendly.
Investigation and Preparation
- Defense: Involves interviewing clients/witnesses and visiting the crime scene.
- Prosecution: Activities include reviewing police reports, and interviewing victims/witnesses, while identifying potential defenses and examining physical evidence.
Extradition Process
- Extradition allows a fugitive to be arrested in one state and returned to the state where charges are pending.
- The government must prove four key issues during an extradition hearing, including proper documentation and identifying the defendant as a fugitive.
Intake Process
- Intake involves receiving and evaluating accusations to decide on appropriate charges and documents to file.
- Important items for the intake include statutes outlining crimes and penalties, an intake form, and any pertinent medical release forms.
- Conduct interviews in a comfortable and private setting while establishing the crime, jurisdiction, and evidence involved.
Decision to Charge
- The executive branch decides on the specific charges, prioritizing justice and protecting the innocent while avoiding bias.
5th Amendment Rights
- Protects individuals against self-incrimination, limiting police interrogation practices and ensuring proof of guilt must be beyond a reasonable doubt.
- Exclusionary rule applies to any evidence obtained in violation of the 5th Amendment.
- Protection applies to individuals, not corporations, and during certain proceedings like criminal trials and juvenile hearings.
Incriminating Statements
- A statement is incriminating if it provides evidence necessary for prosecution.
- Defendants can refuse to give incriminating testimony if they have not been informed of their rights during interrogation.
Pretrial Release Services
- These services assess individuals’ backgrounds to determine appropriate bail conditions based on community ties, employment, prior record, and substance use.
Paralegal Roles
- Paralegals assist by obtaining criminal records, summarizing case outcomes, and participating in interlocutory appeals related to bail decisions.
Pretrial Detention and Conditions
- Pretrial detention must not constitute punishment; conditions should align with legitimate governmental purposes for security.
- Rocket dockets expedite felony case resolutions to minimize pretrial detention.
Miranda Rights
- Miranda rights include the right to remain silent and the right to an attorney, with statements given freely being admissible in court if no coercion was involved.
- Custody is determined by various factors such as location, duration of interrogation, and police presence.
Search and Seizure
- Plain view doctrine allows seizure of evidence that is immediately evident.
- Exigent circumstances permit searches without a warrant, particularly during emergencies or hot pursuits.
- Consent searches require that the prosecution establishes consent was voluntary and can be revoked.
Important Legal Concepts
- Inevitable discovery rule suggests that evidence would have been found lawfully regardless of the initial illegal search.
- Community caretaker function allows police to conduct certain searches to protect community safety without violating privacy expectations.
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Description
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.
