OnAugust 2, 2002,Dan was arrested, formally charged with murder and robbery, arraigned, and denied bail. Subsequently,the court denied Dan's request that trial be set forOctober 15, 2002, and scheduled the trial to begin onJanuary 5, 2003. OnJanuary 3, 2003, the court granted, over Dan's objection, the prosecutor's request to continue the trial toSeptember 1, 2003, because theprosecutor had scheduled a vacation cruise, a statewide meeting of prosecuting attorneys, and several legal education courses. OnSeptember 2, 2003,Dan moved to dismiss the charges for violation of his right to a speedy trial under the United States Constitution.

What factors must the court consider in determining whether Dan's right to a speedy trial has been violated?

Whether the defendant objected to the delay

Length of the delay

Reason for the delay

Probability of Innocence of the defendant

Which amendment prohibits excessive bail?

Group of answer choices

4th Amendment

6th Amendment

8th Amendment

5th Amendment

The majority of states deny bail to individuals charged with ______.

Group of answer choices

Capital Offenses

Serious Crimes

Felony Murder

Never

The primary purpose of bail is to ensure the defendant ______.

Group of answer choices

is deterred from crime

Returns for Trial

is punished

pays restitution

The Court determined that bail set at a figure higher than an amount reasonably calculated to assure the presence of an accused was _______.

Group of answer choices

Reasonable

Excessive

Violation of the 6th Amendment

Constitutional

On August 1, 2002, Dan, Art, and Bert entered Vince's Convenience Store.Dan and Art pointed guns at Vince as Bert removed $750 from the cash register.As Dan, Art, and Bert were running toward Bert's car, Vince came out of the store with a gun, called to them to stop, and when they did not do so, fired one shot at them.The shot hit and killed Art. Dan and Bert got into Bert's car and fled. Dan and Bert drove to Chuck's house where they decided to divide the $750.

On August 2, 2002, Dan was arrested, formally charged with murder and robbery, arraigned, andset bail for 1 million dollars.

Select all factors the court considers in determining bail.

Group of answer choices

Seriousness of the Charge

Marital Status

Public Safety

Hygiene

Prior Criminal History

Asking the question "did any of these individuals commit the crime?" is a part of the ______ eyewitness identification.

Group of answer choices

scientific identification

photographic identification

showup

lineup

The three stages of eyewitness identification include all of the followingexcept ______.

Group of answer choices

memory

accusation

perception

identification

The method of eyewitness identification in which the administrator is not told who the suspect is in the lineup is known as a/an ______.

Group of answer choices

double-blind administration

blind administration

experimental administration

controlled administration

The method of eyewitness identification in which neither the administrator nor the eyewitness is aware of the identity of the suspect is known as a/an ______.

Group of answer choices

experimental administration

controlled administration

double-blind administration

blind administration

A suspect has a right to a lawyer during ______.

Group of answer choices

all postindictment confrontations but not lineups

any postindictment lineup or confrontation at which the victim is present

all postindictment lineups and confrontations

all postindictment lineups but not confrontations

If the right to counsel is denied during a lineup, under which circumstances will an in-court eyewitness identification be allowed?

Group of answer choices

only if the state is able to reasonably prove that the in-court identification is not the product of the earlier identification

only if the state is able to provide clear and convincing evidence that the in-court identification is not the product of the earlier identification

only if the state is able to prove beyond a reasonable doubt that the in-court identification is not the product of the earlier identification

never

Which of the following is an example of a common practice in a suggestive lineup?

Group of answer choices

The police do not change their tone of voice or body language when the lineup takes place.

The individuals in the lineup are asked to try on an item of clothing that fits only the suspect.

The people in the lineup are all strangers to the victim.

The individuals in the lineup are asked to try on items of clothing that fit all of the people in the lineup.

A lawyer's role in a lineup is to ______.

Group of answer choices

ensure that the suspect is properly identified in the lineup

make suggestive comments to the victim

observe the lineup and take note of how the police conduct the lineup

ensure that the victim feels safe at all times

At which point in the criminal process does the right to counsel during a lineup attach?

Group of answer choices

at any stage in the criminal process

once police have focused on one suspect

once charges have been filed

at any stage, so long as the victim is present at the lineup

By what level of proof must the defense show that a photographic identification was suggestive?

Group of answer choices

beyond a reasonable doubt

reasonable suspicion

by a preponderance of the evidence

probable cause

A defendant was indicted and arrested for bank robbery. The defendant had an initial appearance before a magistrate judge in which he was notified of the charges and told that counsel would be appointed for him the next day. The police then required the defendant to participate with other prisoners in a lineup in which each person had to wear a white T-shirt and say, "Put your hands in the air." At the lineup, witnesses to the bank robbery identified the defendant as the bank robber. The next day, the defendant was arraigned on the charges.

The defendant argues that his Sixth Amendment right to counsel was violated when he was denied counsel at two critical stages of the proceeding: his initial appearance in court before the magistrate judge and the lineup identification.

Group of answer choices

Yes, based only on the denial of counsel at the lineup.

No, he was not entitled to counsel.

Bail is the amount of money defendants must post to be released from custody until their trial. Bail is not a fine.

Group of answer choices

True

False

The constitution requires a judge to set bail.

Group of answer choices

True

False

Most States have established laws prohibiting excessive bail.

Group of answer choices

True

False

Is bail excessive where it is set for multiple defendants at a fixed amount significantly higher than that usually imposed for offenses with like penalties, and where the government has failed to establish the need for such a high bail?

Group of answer choices

No

Yes

May an arrestee be detained prior to trial if the government's regulatory interest in public safety is legitimate and compelling, and there are procedural protections in place to safeguard the arrestee's liberty interests?

Group of answer choices

No

Yes

Must criminal defendants who pursue selective-prosecution claims demonstrate people of other races were not prosecuted for similar crimes?

Group of answer choices

No answer text provided.

No

No answer text provided.

Yes

Can a court dismiss a valid indictment if the government failed to disclose to the grand jury substantial exculpatory evidence?

Group of answer choices

No

Yes

The due process clause requires that confessions be voluntary. Voluntariness depends on the circumstances including the suspect's age, education, and mental / physical condition, along with the setting, duration, and manner of police interrogation.

Group of answer choices

True

False

A foreign-born man, age 25, was a suspect in a killing. He had no previous criminal history or experience with official interrogation. He had only six months of high school education and a history of emotional instability. The defendant was questioned by officials for nearly eight straight hours, long into the night, before he confessed. The defendant repeatedly refused to answer questions and even requested his attorney. During the interrogation, the officers used a "childhood friend" of the defendant who had become a police officer. This officer told the suspect that the situation had gotten the officer in trouble and that his job was in jeopardy. He played up the terrible effect this would have on the officer's family. At almost sunrise, the government obtained the final pieces of the defendant's confession.

Was the suspect's statement given voluntarily?

Group of answer choices

No

Yes

The defendant approached an officer and stated that he had committed murder and wanted to discuss it. The officer advised the defendant of his Miranda rights. The defendant said that he understood his rights but still wanted to talk about the murder. Shortly thereafter, a detective arrived and again advised the defendant of his rights. After the defendant responded that he had traveled all the way from Boston to confess to the murder, he was taken to police headquarters. He then confessed and pointed out the exact location of the murder. Subsequent psychiatric evaluation revealed that defendant was following the "voice of God" in confessing to the murder.

Were the defendant's waiver of his Miranda rights and his statements coerced?

Group of answer choices

No

Yes

Under the Sixth Amendment, police may conduct an identification outside the presence of counsel before a suspect has been formally charged with a crime.

Group of answer choices

True

False

An identification made at an unfairly suggestive lineup is admissible if the identification is reliable.

Group of answer choices

True

False

The right to a speedy trial does not attach until the defendant has been arrested or charged.

Group of answer choices

True

False

A defendant is not entitled to speedy trial relief for the period between the dismissal of charges and later refiling.

Group of answer choices

True

False

The government does not have a duty to disclose material, exculpatory evidence to the defendant.

Group of answer choices

True

False

Grand jury proceedings are conducted in secret. In most jurisdictions, a defendant has no right to notice that a grand jury is considering an indictment against her, to be present and confront witnesses at the proceeding, or to introduce evidence before the grand jury.

Group of answer choices

True

False

The defendant approached an officer and stated that he had committed murder and wanted to discuss it. The officer advised the defendant of his Miranda rights. The defendant said that he understood his rights but still wanted to talk about the murder. Shortly thereafter, a detective arrived and again advised the defendant of his rights. After the defendant responded that he had traveled all the way from Boston to confess to the murder, he was taken to police headquarters. He then confessed and pointed out the exact location of the murder. Subsequent psychiatric evaluation revealed that defendant was following the "voice of God" in confessing to the murder.

Were the defendant's waiver of his Miranda rights and his statements coerced?

Group of answer choices

No

Yes