TLETA Week 1 Exam Questions and Answers

TLETA Week 1 Exam Questions and Answers What is our state court system derived from? - Answer ️️ -English common law Tennessee's state court system is an offspring of ______ interpretation. - Answer ️️ -North Carolina "The judges of the supreme, appellate, chancery, circuit, general sessions, and juvenile courts throughout the state, judicial commissioners and county executives in those officer's respective counties" = ? - Answer ️️ -magistrate What officials are magistrates? - Answer ️️ -judges, judicial commissioners No person can be committed to prison on any criminal matter without first being examined by a _________. - Answer ️️ -magistrate "A warrant of commitment to prison in writing" = ? - Answer ️️ -mittimus "Written statement signed and sworn to before an official, saying the who/what/when/where of the offense" = ? - Answer ️️ -affidavit "Written order commanding that a person be arrested" = ? - Answer ️️ -warrant What is a preliminary hearing screening for? - Answer ️️ -probable cause Is a preliminary hearing a constitutional right or a statutory right? - Answer ️️ -not constitutional, generally statutory All felonies and misdemeanors are _______ offenses. - Answer ️️ -indictable "Knowing the difference between right and wrong" = ? - Answer ️️ -Ethics What is common law? - Answer ️️ -a collection of philosophies Name the steps in the state court system. - Answer ️️ -1. arrest (magistrate examination), 2. general sessions, 3. grand jury, 4. trail, 5. appeal Name the two types of state supreme appeals. - Answer ️️ -criminal and civil Where are minor citations normally handled? - Answer ️️ -in general sessions court Where are federal felony misdemeanors normally handled? - Answer ️️ -screened by General Sessions court, then either dropped or passed up the ladder Do 1st offenders normally go to trial? - Answer ️️ -No, normally only if they're a repeat offender or it was a violent crime. Otherwise it's normally a plea deal. Shortly after the mittimus is created, what will be produced documenting your claim? - Answer ️️ -a warrant If the Grand Jury determines you have probable cause, they issue a _________. - Answer ️️ - true bill "Any crime in which the potential punishment is 1 year or more in the state penitentiary" = ? - Answer ️️ -felony "A monetary amount that provides assurance that the offender will come back for court" = ? - Answer ️️ -bail Is bail always allowed? - Answer ️️ -while all offenses are technically bail-able offenses, sometimes bond isn't allowed when the offender is too dangerous What kind of right is a preliminary hearing? - Answer ️️ -a statutory right, not a constitutional right "Any crime in which the potential punishment is less than 1 year" = ? - Answer ️️ - misdemeanor What rights do convicted felons lose? - Answer ️️ -the right to vote, bear arms, run for office, etc. How many levels of felony are there in TN? - Answer ️️ -5 Class A felony? - Answer ️️ -15-60 years, $50,000 fine "An accusation in writing presented by the grand jury of the county, charging a person" = ? - Answer ️️ -indictment What makes up a grand jury? - Answer ️️ -12 jurors and 1 foreperson appointed by judge (13 people total) "An indictment approved by grand jury" = ? - Answer ️️ -true bill "Written document from grand jury authorizing arrest" = ? - Answer ️️ -capias "Stage of the proceeding where the defendant first appears before court with jurisdiction to try case, when the charge is read, plea is given, and bond is set" = ? - Answer ️️ -arraignment Class B felony? - Answer ️️ -8-30 years, up to $25,000 fine Class C felony? - Answer ️️ -3-15 years, up to $10,000 fine Class D felony? - Answer ️️ -2-12 years, up to $5000 fine Class E felony? - Answer ️️ -1-6 years, up to $3000 fine How many classes of misdemeanor are in TN? - Answer ️️ -3 Class A misdemeanor? - Answer ️️ -11 months 29 days, fine up to $2500 Class B misdemeanor? - Answer ️️ -up to 6 months or a fine up to $500 or both Class C misdemeanor? - Answer ️️ -up to 30 days or $50 fine or both Which amendment do we primarily deal with? - Answer ️️ -4th amendment Amendment dealing with freedom of speech/religion/press? - Answer ️️ -1st amendment Amendment dealing with the right to bear arms? - Answer ️️ -2nd amendment Amendment protecting against governmental search of property without probable cause/warrant? - Answer ️️ -4th amendment Amendment that protects the right to life, liberty, and property, saying it can't be taken away without due process of law (aka day in court)? - Answer ️️ -5th amendment Amendment that guarantees your right to a speedy trial by randomly chosen peers, right to a lawyer, etc.? - Answer ️️ -6th amendment Amendment that prohibits excessive fines and cruel/unusual punishment? - Answer ️️ -8th amendment Amendment that allows states to make their own laws? - Answer ️️ -14th amendment Are eyewitness testimonies reliable? - Answer ️️ -NO, very unreliable "Live presentations of several people to a witness so as to ID a possible suspect" = ? - Answer ️️ -line-up "A live presentation of 1 person to a witness so as to ID a possible suspect within a reasonable amount of time" = ? - Answer ️️ -show-ups "Using a series of photos in place of a live line-up" = ? - Answer ️️ -Photographic ID If you're forcing a suspect to participate in a line-up, who needs to be there to make it legit? - Answer ️️ -their legal counsel (if requested) What is the major issue with show-up ID's? - Answer ️️ -ID's are inherently suggestive, so we must add factors to tip the scales back to fairness What 5 factors determine the admissibility of ID? - Answer ️️ -1. opportunity of witness to view criminal at the time of the crime, 2. the degree of witness attention, 3. accuracy of any prior description, 4. the level of certainty demonstrated by witness, 5. time span between crime and confrontation What is the MAIN thing you are trying to establish when determining the admissibility of a criminal ID? - Answer ️️ -reliability Checklist for a Good Lineup: who should you discuss it with? - Answer ️️ -district attorney Checklist for a Good Lineup: how many choices do you need? - Answer ️️ -6 or more Checklist for a Good Lineup: how many suspects should be present in the lineup? - Answer ️️ -only 1 If the suspect doesn't require their legal counsel to be presented at a lineup, what do you need to do? - Answer ️️ -record the suspect's waiver of counsel How can you document your lineup to make sure the court do