Exam 3: The Adjudication Process
Name the document that is filed in court to start criminal proceedings if a person is arrested without a warrant.Who decides if this document should be filed What factors are considered
The criminal complaint is the first document filed in court if the police have not obtained an arrest warrant.The prosecutor reviews the case and decides what charges to file.This decision is based on the facts presented by the police as well as other factors.While the police are allowed to base their decisions on all of the credible evidence available to them, the prosecutor must consider what evidence will be admissible in court.Statements may be inadmissible because they are hearsay and other evidentiary rules.The prosecutor also considers the credibility of the potential witnesses and how the jury is likely to evaluate their testimony.Workload issues may also be involved.If the prosecutor files more cases that the staff can process, some cases will likely be dismissed for lack of speedy trial.Whether a case is winnable will also be considered.If the prosecutor may decide not to file charges if he/she thinks jurors may not convict the defendant because the charges are out of sync with community standards. Only filing winnable cases improves the efficiency of the prosecutor's office and also makes an elected prosecutor more likely to win reelection.
Detective Dan has asked Paula the Prosecutor to file embezzlement charges against Eric, an employee who failed to put money from sales into the cash register.What will Paula consider
D
Due Process mandates unanimous verdicts in criminal trials.
False
All the evidence has been presented and the jury has been deliberating for days.The prosecutor asked the judge to declare a mistrial because of a hung jury.Why would a mistrial benefit the prosecution
The prosecutor may include crimes in the Information only if the judge ruled that the defendant is "bound over for trial" on those charges.
Anthony suggested that they call character witnesses to support Mark's claim of self-defense.Who should they call
What occurs at the arraignment How does the arraignment differ from the preliminary hearing
Which of the following requests would be considered at a suppression hearing
A judge cannot accept a plea bargain after the jury is sworn in.
What is the purpose of the prosecution's case-in-chief Describe the sequence of events that would occur when a witness testifies during the prosecution's case-in-chief.
The sentencing hearing is usually held immediately after the jury verdict is read in court.
If the defendant enters a plea of nolo contendere at the preliminary hearing the criminal court will treat it the same as a plea of guilty.
Grand jury proceedings are required by the U.S.Constitution in all cases involving felonies.
During discovery, the prosecution has a duty to disclose evidence in its possession that tends to indicate the defendant is not guilty..
If a prosecutor takes a case to the grand jury and the grand jury agrees with the prosecutor about the charges, the defendant will be:
Rehabilitation is an attempt to support the credibility of a witness who was impeached.
Double jeopardy prevents the prosecution from appealing a judge's ruling at a pre-trial suppression hearing.
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