List and explain the four steps in the pretrial activities
What will be an ideal response?
First appearance – Within hours of arrest, suspects must be brought before a magistrate (a judi-cial officer) for an initial appearance. The judge will tell them of the charges against them, again advise them of their rights, and may sometimes provide the opportunity for bail.
Preliminary hearing – The purpose of a preliminary hearing is to establish whether sufficient evidence exists against a person to continue the justice process. At the preliminary hearing, the hearing judge will seek to determine whether there is probable cause. The process provides the prosecutor with an opportunity to test the strength of the evidence.
Information or indictment – In some states the prosecutor may seek to continue the case against a defendant by filing an information with the court. Other states require an indictment be returned by a grand jury. The grand jury hears evidence presented by the prosecutor and decides whether the case should go to trial.
Arraignment – At arraignment the accused stands before a judge and hears the information or indictment against him. Defendants are again notified of their rights and asked to enter a plea.
Pleas include not guilty, guilty, and no contest. No contest may result in a conviction but cannot be used in trial as an admission of guilt.
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The first Supreme Court decision that clearly established an exclusionary rule under the Fourth Amendment was
A. Boyd v. U.S. (1886 ) B. Adams v. New York (1904 ) C. Weeks v. U.S. (1914 ) D. Silverthorne Lumber Co. v. U.S. (1920 )
What are the three different tests under the Equal Protection Clause in order from least restrictive to most restrictive?
a. rational basis, severe scrutiny, and intermediate basis b. rational basis, intermediate scrutiny, and strict scrutiny c. rational basis, strict scrutiny, and intermediate scrutiny d. intermediate scrutiny, strict scrutiny, severe scrutiny
________ drugs are drugs whose manufacture, sale, or possession is illegal.
Fill in the blank(s) with the appropriate word(s).
The presentation of proof to show that an object is what its proponent claims it to be is called ________.
A. authentication B. arraignment C. adjudication D. authorization