3.12. Procedural Law
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Questions
What is the primary purpose of procedural law as described in the text?
View answer and explanationAccording to the chapter, where is most procedural law found, in contrast to substantive criminal law?
View answer and explanationWhich of the following is NOT one of the five phases of the criminal justice process listed in the text?
View answer and explanationDuring the investigative phase, what is the legal standard that a 'neutral and detached' magistrate must find to issue a search or arrest warrant?
View answer and explanationWhat is an officer's affidavit, as mentioned in the description of the investigative phase?
View answer and explanationWhich of these activities is specifically governed by laws in the pretrial phase?
View answer and explanationA motion to change venue, which can be filed during the pretrial phase, is a request to do what?
View answer and explanationWhat are 'petit jurors' as described in the trial phase section?
View answer and explanationThe defendant's right of compulsory process during the trial phase ensures their ability to do what?
View answer and explanationWhat is the defendant's 'right of allocution' during the sentencing phase?
View answer and explanationIn capital cases, what does it mean for the trial to be 'bifurcated'?
View answer and explanationWhat is the key difference between an 'appeal of right' and a 'discretionary appeal' in the post-conviction phase?
View answer and explanationHow is a 'post-conviction relief suit' different from a 'writ of habeas corpus'?
View answer and explanationWhich of the following processes is NOT part of the investigative phase?
View answer and explanationWhat is the purpose of a grand jury process during the pretrial phase?
View answer and explanationThe rules of evidence, which govern the trial phase, cover topics such as:
View answer and explanationWhich constitutional amendments are specifically mentioned as being central to procedural law judicial opinions?
View answer and explanationAccording to the text, a motion to sever cases is filed during the pretrial phase for what purpose?
View answer and explanationWhat right of the defendant is protected to ensure 'fair trials free of prejudicial adverse pre-trial or trial publicity'?
View answer and explanationProbation and parole revocation hearings are included as part of which phase of the criminal justice process?
View answer and explanationWhat is the general role of the federal and state constitutions in establishing procedural law?
View answer and explanationThe investigative phase is described as mostly involving the actions of which group?
View answer and explanationAccording to the text, what is a key event that marks the beginning of the pretrial phase?
View answer and explanationA motion to suppress evidence, filed during the pretrial phase, asks the court to do what?
View answer and explanationWhich right mentioned in the trial phase ensures that the defendant can confront witnesses presented by the government?
View answer and explanationDuring the sentencing phase, what right do victims have according to the text?
View answer and explanationWhat is the defendant's right to do in the post-conviction phase regarding an 'appeal of right'?
View answer and explanationThe text states that the processing of a case through the criminal justice system can be broken down into how many phases?
View answer and explanationWhen an individual is arrested without a warrant, what must a judge promptly review?
View answer and explanationIn the pretrial phase, how can a defendant be released from custody while awaiting trial?
View answer and explanationWhat is one example of a law that governs the trial phase?
View answer and explanationWhich phase of the criminal justice process generally resolves the case before a trial is held, often through plea bargaining?
View answer and explanationThe right to have the assistance of counsel is mentioned as being applicable in which three distinct phases?
View answer and explanationThe right to present mitigation evidence and witnesses is a defendant's right during which phase?
View answer and explanationWhat is the key characteristic of the 'appeal of right' as defined in the post-conviction phase?
View answer and explanationProcedural law is described as governing the ways a person convicted of a crime may do what?
View answer and explanationWhich of the following is NOT listed as a source of procedural law?
View answer and explanationWhich phase involves laws covering identification procedures such as line ups, showups, and photo arrays?
View answer and explanationIn the pretrial phase, what determines whether a defendant is released with financial surety or on their own recognizance?
View answer and explanationThe exclusion of witnesses during the testimony of other witnesses is a rule that governs which phase?
View answer and explanationWhat is the final phase of the criminal justice process as outlined in the text?
View answer and explanationA key difference between a grand jury and a petit jury is that a grand jury operates in the:
View answer and explanationWhat does the text describe as the defendant's 'continued right' during the trial phase?
View answer and explanationThe sentencing hearing in a capital case is described as being 'more like a mini-trial' because:
View answer and explanationA defendant's right to have the assistance of counsel in filing a discretionary appeal is part of which phase?
View answer and explanationA 'writ of habeas corpus' is described in the text as what type of legal action?
View answer and explanationThe text mentions that statutes, like the Federal Speedy Trial Act, serve what function in relation to the constitution?
View answer and explanationWhich of these is NOT an example of an identification procedure from the investigative phase?
View answer and explanationWhat is the primary difference highlighted between the functions of the trial phase and the sentencing phase?
View answer and explanationLaws governing the competency and impeachment of witnesses are part of which set of rules?
View answer and explanation