criminal law ch 12

Which of the following occur at an arraignment?

- The charges against the defendant are read. - The defendant enters a plea. - If the defendant does not have representation, he/she can ask for a court-appointed attorney - The prosecutor provides the list of state witnesses who will testify at trial. - all of the above

Under a nolo contendere plea the defendant:

- admits no wrongdoing, but agrees to serve the sentence. - does not incur liability in any possible civil trial arising out of the same acts. - A and B

Under transactional immunity:

- the state agrees not to prosecute the person for any actions associated with the testimony as long as the person testifies truthfully. - the person loses his Fifth Amendment privilege because he cannot be prosecuted for his testimony. - B and C

Under use immunity

- the state cannot use the person's testimony against him. - the person loses his Fifth Amendment privilege because he cannot be prosecuted for his testimony. - A and C

Which of the following is NOT true about Attorney-Client Privilege?

Attorney-Client Privilege ends upon the death of the client

Which of the following is TRUE about evidence in trials?

Defendants can be made to try on clothing.

Which of the following is NOT true about the Right to Counsel?

The Right to Counsel is found in the Third Amendment to the Constitution.

Which of the following is NOT true of Spousal Privilege?

The privilege to avoid testimony belongs to the person being spoken about, and not to the speaker

A plea agreement is between:

a prosecutor and a defendant

The right embodied in the Fifth Amendment that allows an accused person to remain silent is the right _______________.

against self-incrimination

If the government fails to give a defendant a prompt arraignment:

all statements made by the defendant in custody will be suppressed by the court.

The work product rule is related to

attorney-client privilege.

A document issued by a judge ordering law enforcement officers to arrest a specific person is a ________________

bench warrant

An order moving jurisdiction from the court where the preliminary hearing took place to the trial court is a____________

binding

If a judge at a preliminary hearing decides the case should go to trial, that judge will issue a(n):

binding

A _____________ is an agreement between the prosecution and a defendant that spells out that the defendant will cooperate in the prosecution of others in the same or related criminal activity, usually in exchange for a recommendation of leniency to the court.

cooperation agreement

"Use Immunity" is a broad form of immunity in which the person cannot be prosecuted for any action related to the testimony, as long as the person testifies truthfully.

false

Any law enforcement official who questions you must read you the Miranda warning.

false

Because the law recognizes only husband-wife privilege, legally married same sex couples do not enjoy the same privilege.

false

Courts cannot compel a person to produce a DNA sample

false

Currently, the Right to Counsel is extended to anyone accused of a state or federal misdemeanor.

false

Private conversations between husband and wife are privileged to protect marriages from the destructive effects of being compelled to testify against one another.

false

The Right to Counsel, including free counsel for indigent defendants, stops after the verdict is rendered in the trial. Obtaining counsel for post-trial appeals is the responsibility of the defendant.

false

The first legal proceeding after being arrested is the preliminary hearing

false

The principle that conversations between client and counsel are privileged in order to encourage full and frank discussion between them is called Priest-Penitent Privilege

false

"Pleading the Fifth" means asserting the right to avoid giving testimony that could

incriminate one's self

An __________________ is the written accusation claiming that a specific person committed a specific crime or crimes.

indictment

The court appearance shortly after the suspect's arrest where the suspect is informed of specific rights is the___________________

initial appearance

A cooperation agreement

lays out how the defendant will testify in exchange for a recommendation of leniency.

Under an Alford plea, the defendant

maintains his innocence, but allows the court to sentence him as if he were guilty

In a case in South Carolina dealing with pregnant women and drug abuse, the Supreme Court ruled that:

non-consensual urine tests violate the Fifth Amendment's prohibition against unreasonable searches.

The limited right to be released from prison pending trial after posting enough security to assure appearance at the time of trial is the ___________________

right to bail

What does a statute of limitation do?

sets a deadline for the commencement of criminal actions

The right to a public and speedy trial is promised in which Constitutional Amendment?

sixth

Miranda warnings include the following, except

the expectation of privacy.

The most beneficial type of immunity for a defendant is _________ immunity

transactional

A broad form of protection in which the person cannot be prosecuted for any action related to the testimony provided, as long as the person testifies truthfully, is called

transnational immunity

"Use Immunity" is a limited form of immunity in which the person's testimony cannot be used as evidence against them.

true

A defendant has the Right to Counsel at the arraignment, at preliminary hearings, during most police interrogations, during a lineup, at trial, and at sentencing.

true

A person is in custody if he or she is not free to leave

true

Confessions may only be used against a defendant if the prosecution can show they followed the procedures laid out in Miranda, and they did not coerce or otherwise extract a confession from the defendant

true

If a person confesses to a crime, but was not first informed of his/her rights, the confession will be inadmissible at trial.

true

Most states require defendants to be tried within a year of being arrested.

true

Statutes of limitation determine how much time can pass after a crime has been committed, within which a person can be prosecuted for that crime

true

The Right to Counsel is found in the Sixth Amendment

true

The Speedy Trial Act of 1974 set strict time limits to try defendants in the federal system

true

The Supreme Court has ruled that the protection of conversations between a patient and his/her psychiatrist "serves the public interest by facilitating the provision of appropriate treatment for individuals suffering the effects of a mental or emotional problem."

true

The right to remain silent is not without limits

true

A limited form of immunity where the person's testimony cannot be used as evidence against him or her is ______________

use immunity

The rule that protects material produced by an attorney in preparation for a trial, or the work product from discovery is the __________

work product rule