FREE KY Bar Criminal Law and Procedure Questions and Answers
What is the purpose of a preliminary hearing in Kentucky criminal procedure?
A preliminary hearing is conducted to determine whether there is enough evidence to proceed with a trial. It is a preliminary step where the court evaluates whether probable cause exists to hold the defendant for further legal proceedings.
Under Kentucky law, what is required for a valid arrest warrant?
For an arrest warrant to be valid in Kentucky, it must be issued by a judge and supported by an affidavit that establishes probable cause. This ensures that the warrant is based on reliable information suggesting that a crime has been committed and that the person named in the warrant is likely involved.
In Kentucky, what is the standard for determining whether a search and seizure is reasonable under the Fourth Amendment?
Under the Fourth Amendment, searches and seizures are generally considered reasonable if they are conducted with a warrant supported by probable cause. Alternatively, searches may be reasonable without a warrant if there are exigent circumstances or if consent is given.
What must the prosecution prove to obtain a conviction for a crime in Kentucky?
In criminal cases in Kentucky, as in other jurisdictions, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. This is the highest standard of proof and ensures that there is a high level of certainty before a conviction is secured.
What is the primary difference between a felony and a misdemeanor in Kentucky criminal law?
In Kentucky, the distinction between felonies and misdemeanors is primarily based on the length of imprisonment. Felonies are punishable by more than one year in prison, while misdemeanors are punishable by one year or less.