LS100 Chapter 15 Quiz

Criminal procedure is related to tort law.

Criminal procedure is.. (Check all that apply)

The following amendments play a role in criminal procedure.

The Due Process clause in the Fifth and Fourteenth Amendments to the U.S. Constitution protects people from state actions that would deprive them of basic rights.

What is procedural due process?

Substantive due process protects personal property from governmental interference or possession.

How is the Fourth Amendment important to criminal procedure?

Check any statement that relates to probable cause.

Who issues a warrant?

The exclusionary rule is a criminal procedure rule stating that evidence obtained illegally cannot be used at trial.

The “fruit of the poisonous tree” doctrine states that subsequently discovered evidence, derived from an initial illegal search and seizure, is admissible if it can be independently verified.

There is no limit on the ability of the police to arrest individuals.

Which case established the rules for when the seizure of a person is allowed?

Check all of the statements that are true regarding habeas corpus.

The process used by law enforcement officers to elicit information from a criminal suspect.

Check any answer that relates to self-incrimination.

A confession is: (Check all that apply)

The ___________Amendment provides the federal criminal defendant with the right to have counsel present at all stages of trial.

Check all of the rights protected by the Sixth Amendment.

What is a criminal complaint?

This initial appearance is short. The judge determines that the defendant is the person named in the complaint. The defendant is told his or her rights at this time. These rights include the right to understand the charge, the right to counsel at all stages of the criminal process, and the right to bail. A preliminary hearing date is calendared, usually within ten days of the initial appearance. The court decides whether the defendant may be released prior to the hearing date. If eligible for release, either the defendant will be released on a promise to appear or bail will be set.

The purpose of the preliminary hearing is to determine the guilt or innocence of the accused.

The grand jury decides the punishment for the guilty defendant.

An "information" involves a grand jury.

At the arraignment, the charge is read and the defendant enters a plea.

Check all that apply: Criminal defendants can enter into the following types of pleas:

The Brady rule is as follows: The prosecutor must produce any evidence that exculpates, or tends to prove the innocence of, the defendant.

What are some pre-trial motions?