This is often part of a plea bargain between the

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Cengage Advantage Books: Essentials of the Legal Environment Today
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Chapter 10 / Exercise 3
Cengage Advantage Books: Essentials of the Legal Environment Today
Cross/Miller
Expert Verified
This is often part of a plea bargain between the defendant and the prosecutor.Section 5 CRIMINAL PROCEDURESA. CONSTITUTIONAL SAFEGUARDSMost of these safeguards apply not only in federal but also in state courts by virtue of the due process clause of the Fourteenth Amendment.1. Fourth AmendmentThis amendment provides protection from unreasonable searches and seizures. No warrants for a search or an arrest can be issued without probable cause.2. Fifth AmendmentNo one can be deprived of “life, liberty, or property without due process of law.” No one can be tried twice (double jeopardy) for the same offense. No one can be required to incriminate themselves.3. Sixth AmendmentThis amendment guarantees a speedy trial, trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer in some proceedings.4. Eighth AmendmentThis amendment prohibits excessive bail and fines, and cruel and unusual punishment.B. THE EXCLUSIONARY RULEEvidence obtained in violation of the Fourth, Fifth, and Sixth Amendments, as well asall “fruit of the poisonous tree” (evidence derived from illegally obtained evidence), must be excluded from trial. The purpose is to deter police misconduct.C. THE MIRANDA RULE1. RightsA person in custody to be interrogated must be informed (1) he or she has the right to remain silent, (2) anything said can and will be used against him or her in court, (3) heor she has the right to consult with an attorney, and (4) if he or she is indigent, a lawyer will be appointed.2. ExceptionsThese rights can be waived if the waiver is knowing and voluntary. “Public safety” may warrant admissibility. If other evidence justifies a conviction, it will not be overturned if a confession was coerced. A suspect must assertively state that he or she wants a lawyer, to exercise that right.D. CRIMINAL PROCESS1. ArrestAn arrest requires a warrant based on probable cause (a substantial likelihood that the person has committed or is about to commit a crime). To make an arrest without a warrant, an officer must also have probable cause.2. Indictment or InformationA formal charge is called an indictment if issued by a grand jury and an information ifis- sued by a government prosecutor.3. TrialCriminal trial procedures are similar to those of a civil trial, but the standard of proof is higher: the prosecutor must establish guilt beyond a reasonable doubt.4. Federal Sentencing Guidelines
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Cengage Advantage Books: Essentials of the Legal Environment Today
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Chapter 10 / Exercise 3
Cengage Advantage Books: Essentials of the Legal Environment Today
Cross/Miller
Expert Verified
Section 6 CYBER CRIMEComputer crime is a violation of criminal law that involves knowledge of computer technology for its perpetration, investigation, or prosecution.A. CYBER FRAUDFraud (a misrepresentation knowingly made with the intent to deceive another and on which a reasonable person relies to his or her detriment) occurs online via e-mail by false promises of funds or notices of a relative’s distress.1. Online Auction FraudThis occurs when a buyer pays for an auctioned item but does not receive it, or

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