Discussion-
There are several stages of procedures that occur before a defendant is brought to trial: first appearance, preliminary hearing, and pretrial motions. You have also learned about bail and grand juries.
• What are the "critical stages" of criminal prosecutions?
• What are the four possible pleas a defendant may enter at arraignment?
• What did the 1984 Bail Reform Act do?
Quiz-
Question 1. Dismissals because of speedy trial violations are with prejudice.
True
False
Question 2. The exclusionary rule does not prevent prosecutors from using illegally seized evidence to impeach defendants' testimony.
True
False
Question 3. Under certain circumstances, law enforcement officers have a total immunity defense that protects them from being held personally liable for violating someone's rights.
True
False
Question 4. Criminal defendants have an absolute right to bail guaranteed by the United States Constitution.
True
False
Question 5. A prosecutor's appearance in court in support of an application for a search warrant is protected by qualified immunity.
True
False
Question 6. Recent research into the exclusionary rule has demonstrated that the deterrent effects are considerable.
True
False
Question 7. Suing governmental bodies under Section 1983 is more complicated than suing individuals.
True
False
Question 8. According to the Supreme Court in Mapp v. Ohio, leaving the Fourth Amendment's protection from illegal searches and seizures to solutions other than the exclusionary rule had been effective.
True
False
Question 9. With respect to the exclusionary rule, the Constitution specifically includes it in the Fourth Amendment.
True
False
Question 10. According to the Supreme Court, the Fourth Amendment requires that the police take suspects detained without arrest warrants promptly to a judge or magistrate for a determination of probable cause.
True
False
Question 11. Which U.S. Supreme Court case established the "fruit of the poisonous tree" doctrine?
Silverthorne Lumber Co. v. U.S.
Mapp v. Ohio
Weeks v. U.S.
Wolf v. Colorado
Question 12. The best known and most controversial consequence of illegal government action:
are civil law suits for damages against police departments.
is the criminal prosecution of police officers.
is the exclusionary rule.
is the suspension or dismissal of police officers.
Question 13. The Fourth Amendment:
has a specific provision that requires the exclusion of evidence gathered in violation of the amendment.
spells out all of the remedies available to defendants when evidence is illegally gathered.
requires courts to exclude illegally gathered evidence.
does not mention any remedies available when evidence has been gathered in
violation of the amendment.
Question 14. Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney:
by the police at time of arrest.
by a magistrate at the first appearance.
by a judge at the preliminary hearing.
by a judge at trial.
Question 15. According to the qualified immunity defense, law enforcement officers cannot be held personally liable in a civil lawsuit if:
the officer honestly believed they had not violated the law
the officer can show that under the circumstances their actions were warranted
the officer can show their action was objectively reasonable as measured by legal rules "clearly established" at the time they acted
criminal charges are also not filed against them
Question 16. The U.S. Supreme Court has ruled that the exclusionary rule does not apply:
when there is overwhelming evidence of a defendant's guilt
in murder and aggravated sexual assault cases
if the defendant waives his or her Fourth Amendment rights
to collateral proceedings
Question 17. The prohibition against double jeopardy prohibits all of the below, except:
a second prosecution for the same offense after conviction.
multiple punishments for the same offense.
a second prosecution for the same offense after acquittal.
multiple punishments for multiple crimes stemming from the same act(s).
Question 18. The right to counsel attaches:
when the government files formal charges against defendants.
as soon as police investigation focuses on a particular suspect.
only at the trial.
only after arraignment.
Question 19. Which doctrine holds that illegally seized evidence can be introduced at trial if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?
the attenuation exception
the independent source exception
the inevitable discovery exception
the fruit of the poisonous tree exception
Question 20. The Supreme Court's decision in Weeks v. U.S. in 1914 is significant because it:
began the Fourth Amendment's annexation of the exclusionary rule.
held that the exclusionary rule applies to state court criminal proceedings.
recognized that illegally seized evidence should not be used in federal court criminal proceedings and thereby brought the United States into conformance with the practice in most European countries.
permitted law enforcement officers to be sued if they conducted searches in a manner that violated the Fourth Amendment.
Question 21. The best known and most controversial consequence of illegal government action:
are civil law suits for damages against police departments.
is the criminal prosecution of police officers.
is the exclusionary rule.
is the suspension or dismissal of police officers.
Question 22. Which of the following are always protected by absolute immunity from civil lawsuits while they are performing their official duties?
judges
prosecutors
juries
police officers