Criminal procedure is related to tort law.
Criminal procedure is.. (Check all that apply)
an area of law where the rights of the victims are protected.
the process of protecting the rights of criminal suspects and defendants.
the process of facilitating criminal prosecutions
The following amendments play a role in criminal procedure.
The First Amendment
The Fourth Amendment
The Fifth Amendment
The Sixth Amendment
The Seventh Amendment
The Eighth Amendment
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?
The process of filing pleadings in a criminal trial.
The process of a criminal case.
It ensures fair proceedings in the criminal justice system.
The framework of criminal law.
Substantive due process protects personal property from governmental interference or possession.
How is the Fourth Amendment important to criminal procedure?
Defendant is innocent until proven guilty.
Prohibits unreasonable searches and seizures.
Right to remain silent.
Prevents double jeopardy.
Check any statement that relates to probable cause.
Must be established before a warrant is issued under the Fourth Amendment.
The guilt of the defendant is probable.
Consists of known facts that allow a “reasonably prudent” person to infer certain conclusions.
A police officer seeking a warrant does not need firsthand knowledge of all the facts.
“totality of the circumstances” test.
Who issues a warrant?
a neutral and detached person, usually a judge or a magistrate.
The defendant's attorney.
A police officer
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?
Terry v. Ohio
Illinois v. Gates
Lewis v. United States
Silverman v. United States
Check all of the statements that are true regarding habeas corpus.
A writ to bring a person before a court in order to test the legality of the person’s imprisonment or detention.
The Latin term for "murder."
Is provided for by Article I, Section 9 of the Constitution.
Allows for unwarranted arrest or detention in times of war or rebellion.
The process used by law enforcement officers to elicit information from a criminal suspect.
What is interrogation?
What is a deposition?
What is questioning?
What is cross examination?
Check any answer that relates to self-incrimination.
The Fifth Amendment to the Constitution.
Innocent until proven guilty
Prohibits the government from making a person become a witness against himself or herself.
A confession is: (Check all that apply)
Statement made by a person charged with a crime, acknowledging that he or she is guilty of the charge.
Statement made by the accused, denying their guilt.
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.
The right to a jury trial of his or her peers.
The right to exclude any evidence that is unfavorable.
The right to a speedy trial.
The right to choose the venue.
The right to a trial in the area where the crime occurred.
The right to subpoena witnesses for trial.
What is a criminal complaint?
Complaint made by an inmate.
Pro se pleading drafted by the defendant.
The charging instrument and the first document filed with the court.
Judge'a order discussing punishment of the defendant.
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?
Motion to dismiss
motion for probable cause
motion to withdraw
Motion for change of venue
Motion to suppress evidence