In the case of Escobedo v. Illinois, the U.S. Supreme Court held that the right to the assistance of counsel begins long before the time of the trial and may occur even before an arrest is made.
Indicate whether this statement is true or false.
(Question #2) A defendant who represents himself or herself is referred to as appearing in propria persona.
Indicate whether this statement is true or false.
(Question #3) Which of the statements below is correct concerning a grand jury?
A) The accused has a right to be present when the grand jury is hearing evidence.
B) Persons serving on a grand jury must be at least 25 years old.
C) Grand juries were first used in France.
D) Grand juries may require an accused to answer any questions.
E) None of the above statements are correct.
(Question #4) Which of the following statements is correct regarding the authority of the magistrate at the preliminary hearing?
A) The magistrate has subpoena power at the hearing.
B) The magistrate has investigative power at the hearing.
C) The magistrate has the primary duty of determining if the accused is guilty.
D) The magistrate has the primary duty of determining if there is probable cause to hold the accused over for
trial.
(Question #5) If the magistrate determines that the evidence presented establishes probable cause that the defendant committed the crime charged, the magistrate:
A) orders the defendant to appear before a grand jury.
B) orders that the defendant be released from custody.
C) binds the defendant over for trial.
D) dismisses the charges.
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