Criminal Legal Proces

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Criminal Legal Process Quiz 3

Question 1 of 20 5.0 Points

If prosecutors decide to charge a person arrested by the police, they do so by: A. a. notifying by memo the judge who, if the case goes to trial, will probably preside. B. b. notifying by memo the lawyer representing the accused. C. c. filing a complaint, information, or indictment with the court. D. d. notifying the accused by letter.

Answer Key: C
Question 2 of 20 5.0 Points

In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer: A. a. without unreasonable delay, under all the circumstances. B. b. within 36 hours of arrest, ordinarily. C. c. within 48 hours of arrest, ordinarily. D. d. within 24 hours of arrest, ordinarily.

Answer Key: C
Question 3 of 20 5.0 Points

Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney: A. a. by the police at time of arrest. B. b. by a magistrate at the first appearance. C. c. by a judge at the preliminary hearing. D. d. by a judge at trial.

Answer Key: B
Question 4 of 20 5.0 Points

According to the Supreme Court opinion in U.S. v. Salerno, involving the detention prior to trial of defendants due to the threat they posed to public safety: I. preventive detention is not punishment. II. detention prior to trial must be solely for the purpose of securing appearance at trial. III. when Congress has mandated detention on the basis of a compelling interest other than prevention of flight, the Eight Amendment…...

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