Question: Please answer } Question 40 Where the State seeks to introduce a defendant's confession at 'The State must prove that the statement was voluntarl given,
Please answer


} Question 40 Where the State seeks to introduce a defendant's confession at 'The State must prove that the statement was voluntarl given, beyond a reasonable doubt,in order o introduce the statement against the Defendant The State must prove that the statement was voluntariy given, by a preponderance of the evidence. i order to inroduce the statement against the Defendant. The Defendant must prove that the statement was coerced, beyond a reasonable doubL. in order to exclude the statement from evidence. \"The Defendant must prove that the statement was coerced, by a preponderance of the evidence, i order to exclude the statement from evidence. } Question 41 In Ewing v. California, where the defendant was sentenced under California's 3 strikes" law to 25 years in prison for stealing a $400 golf club, the Supreme Court ruled 'The sentence was constitutional, because the golf club was reall expensive. 'The sentence was constitutional, because the State has a legitimate interest in purishing repeat offenders 'The sentence was cruel and unusual, because the value of the club did not warrant prison time. \"The sentence was cruel and unusual, because the length of the sentence was grossly disproportionate to the value of the club } Question 42 I ajury trial is required in a criminal case, the minimum number of jurors is 10 12 Question 43 When pleading guilty, a person waives all off the following Sixth Amendment rights EXCEPT Right to ajury tial, Right to remain sient. Right to counsel. Right to confront witnesses. } Question 44 Miranda warnings are required to be read to a suspect whenever \"The individual has been formally arrested. \"The police engage in any interrogation of the individual, \"The individual s facing a custodial interrogation. The individual has been seized within the meaning of the Fourth Amendment, Question 46 The Court in Mapp v. Ohio listed three justifications for the excluding evidence resulting from illegal searches for evidence. Which of the following was not one of these justifications? Judicial integrity The unreliability of illegally obtained evidence Enforcement of the Fourth Amendment Deterrence of unlawful police activity Question 47 In Pinder v. Johnson, where the officer promised the victim that her abusive ex-boyfriend would spend the night in jail, when he in fact was released the same night and killed the victim's children, the Court ruled The officer violated the vic knew was dangerous. The officer violated the victim's due pro cause he failed to keep his promise. The officer did not violate the victim's due process rights, because a person does not have a right to be protected from private individuals. The officer did not violate the victim's due process rights, because he tried to warn her. Question 48 Which of the rights listed in the Sixth Amendme luring the course of a trial? Compulsory Process (right to call witnesses) Counsel Confrontation (right to cross-examine witnesses) All of the above Question 49 When the Supreme Court invalidated the death penalty in Fuhrman v. Georgia in 1972, a majority of justices ruled that The death penalty was being applie nd inconsistently Death was determined to be an unconstitutional punishment Death sentences do not deter crime Question 50 A "show up", where a police officer s a suspect standing alone, without utilizing normal lineup procedures Is unne re violates Due Process Is usually sug Is not suggestive at all, and is always permissible No answer text provided
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