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Crim Pro2 Review Q's

Authored by Mighty Kay

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University

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Crim Pro2 Review Q's
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39 questions

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1.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Does the D have a constitutional right to present evid and testify before a GJ?

Yes

No

2.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Answer to #1

1 year

2 years

3 years

3.

FILL IN THE BLANKS QUESTION

1 min • 1 pt

Answer to #2 (4 words)

(a)  

4.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

Does the D have a constitutional right to have his lawyer present at the GJ

Yes

No

5.

MULTIPLE CHOICE QUESTION

30 sec • 1 pt

If the GJ returns an indictment, can the government still refuse to prosecute the accused on said indictment

Yes

No

6.

OPEN ENDED QUESTION

3 mins • 1 pt

A federal D can be detained pretrial. In order to do so, the U.S. magistrate Judge must make what finding or findings?

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Answer explanation

Being destined pretrial is a fancy way of saying you are being held w/o a bond. The court must make written findings that there are no conditions or combination of conditions that would ensure the D’s presence in court (the D is a flight risk) when required to do so or for the safety of the community at large and/or a danger to any particular person. These findings are made at a detention hearing. 

In federal court if a D is looking at a sentence of 10+ years there is a presumption in favor of detention.

7.

MULTIPLE CHOICE QUESTION

45 sec • 1 pt

What is the evidentiary standard the Magistrate judge must apply to his or her finding or findings

probable cause

preponderance of the evidence

beyond a reasonable doubt

clear and convincing evidence

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