Latest Criminal Procedure Adjudication Exam | Questions with Verified Answers

Latest Criminal Procedure Adjudication Exam | Questions with Verified Answers What is the chronology of Criminal Adjudication?Correct Answer 1. Pre-Arrest Investigation 2. Arrest 3. Booking 4. Post-arrest investigation 5. Decision to bring forward charges via complaint 6. First appearance in Magistrate Court 7. Preliminary Hearing or Grand Jury Indictment 8. Arraignment 9. Post-arraignment 10. Pre-trial motions 11. Trial 12. Sentencing 13. Appeal 14. Post appeal/post conviction What are the public interests in detaining a defendant prior to trial?Correct Answer The risk of flight 1. Deterrent and retributive purposes of detention would be frustrated if D was released prior to trial. 2. Defendant on release may destroy evidence. 3. Intimidate or harm witnesses 4. Commit further crimes. What is the 8th amendment right in the context of bail?Correct Answer Provides a constitutional right to "no excessive" bail but does not give the right to bail in "all" cases. Bail Reform ActCorrect Answer -Default position is that defendant should be released prior to trial on a condition that they do not commit any crimes while on release and do not pose a threat to the community unless they are a flight risk or danger to community. -No factual evidence required for bail besides to show defendant is a flight risk because previous defendants have been a flight risk. What factors are considered when determining whether and what conditions of release will reasonably assure the appearance of the defendant at subsequent court proceedings?Correct Answer 18 U.S.C. § 3142(g) 1. Nature and circumstances of the offense charged 2. Weight of the evidence against the person 3. History and characteristics of the person 4. Danger to any person or the community if the defendant were to be released. Is there a right to counsel when bail is set?Correct Answer Yes, the right attaches during the bail hearing, but you don't get the benefit of having appointed counsel until after. When can bail be denied?Correct Answer Bail can be withheld when there is a legitimate, permissible, constitutional basis: 1) when defendant is charged with a capital crime 2) when defendant threatens integrity of judicial process What are the three levels of case screening?Correct Answer 1. Prosecutorial: prosecutor has discretion in deciding what cases are suitable to prosecute. 2. Judicial: Court holds preliminary hearing to determine if there is sufficient probable cause to bind defendant over for a trial. 3. Grand Jury Indictment: Determination by the people on whether there is sufficient evidence to call for an indictment and proceed to trial. What are the constitutional basis for a Selective Prosecution Clai