The police must obtain another warrant if they want to search again after they have left. What is the appropriate level of proof for showing a valid Miranda waiver? A Miranda waiver must be:
knowing
.
Which of the following can be considered interrogation for Miranda purposes quizlet?
Which of the following can be considered interrogation for Miranda purposes?
Asking a question that is reasonably likely to elicit an incriminating response.
Which of the following is required for a Miranda waiver to be valid?
In one California case that following circumstances existed: (1)
officers had reason to believe the suspect would not waive his rights
; (2) before seeking a waiver, they had a lengthy talk with him; (3) the purpose of the talk was to convince him it would be advantageous to waive (they made it appear as if they were on …
Which is the appropriate standard of proof associated with preliminary hearings?
The appropriate standard of proof associated with preliminary hearings is:
Probable cause
. Once a person has been formally charged, he or she will be: Arraigned.
What do courts pay attention to when deciding whether a confession is voluntary?
What do the courts pay attention to when deciding whether a confession is voluntary? …
Supreme court case in which it was decided that a student may be searched if there is “reasonable ground” for
doing so.
What are three exceptions to the requirements for a Miranda warning?
- The suspect is being asked questions that are standard booking procedures.
- The situation involves an emergency hostage situation or negotiation.
- The person is unaware that they are speaking with a police officer.
- The police questions is necessary for preserving public safety.
Can any of these rights be waived?
Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals or good customs, or
prejudicial to a third person with a right recognized by law
.” Following the above provision, the Supreme Court in the case of F.F. … “(c) an intention to relinquish such right.”
Which of the following is the most frequently discussed remedy in criminal procedure?
The most frequently discussed remedy in criminal procedure is:
The exclusionary rule
.
Why may the defense argue against joinder?
One of the strategic reasons for the defense to argue against joinder may be that
the jury will view all the evidence against the accused in
a : … difficulty asserting separate defenses to the criminal acts at issue. When trying a person for several related crimes in the same trial, the prosecutor must proceed carefully.
Which of the following is a type of drug and alcohol testing not sanctioned by the Supreme Court?
Which of the following is a type of drug and alcohol testing NOT sanctioned by the supreme Court?
Hospital patient testing
.
What are the 3 burdens of proof?
These three burdens of proof are:
the reasonable doubt standard, probable cause and reasonable suspicion
. This post describes each burden and identifies when they are required during the criminal justice process.
How do you prove beyond a reasonable doubt?
Proof beyond a reasonable doubt must, therefore, be
proof of such a convincing character that a reasonable person would not hesitate to rely and act upon it in the most important of his own affairs
. The jury will remember that a defendant is never to be convicted on mere suspicion and conjecture.”
Which of the following is the highest burden of proof?
“Beyond a reasonable doubt”
is the highest legal standard. This is the standard the U.S. Constitution requires the government to meet in order to prove a defendant guilty of a crime. (In re Winship, 397 U.S. 358, 364 (1970).)
Can a confession be used as evidence?
CONFESSIONS ARE ADMISSIBLE ONLY WHEN THEY ARE MADE VOLUNTARILY
, AND THE BURDEN FOR PROVING THAT A CONFESSION WAS MADE VOLUNTARILY RESTS WITH THE PROSECUTION. … ANY STATEMENT OF A CONFESSIONAL NATURE RECORDED BY A POLICE OFFICER IS INADMISSIBLE IN EVIDENCE, EVEN IF THE STATEMENT HAS BEEN MADE VOLUNTARILY.
What factors are considered for any incriminating statement to be admissible in court?
For evidence to be admissible, it
must be relevant and “not excluded by the rules of evidence”
, which generally means that it must not be unfairly prejudicial, and it must have some indicia of reliability.
Can a confession be used as evidence against the accused?
A
confession can serve as powerful evidence of a suspect’s guilt
, but criminal defendants have a constitutional right against self-incrimination. An involuntary confession that was coerced by a police officer cannot be used against a defendant in court, regardless of whether it was true.
