FREE VT Bar Criminal Law and Procedure Questions and Answers
What is the primary purpose of the "Miranda warning" in criminal procedure?
The Miranda warning is designed to inform a suspect of their constitutional rights, specifically the right to remain silent and the right to an attorney, before they are interrogated by law enforcement. This ensures that any statements made during interrogation are made voluntarily and with awareness of these rights.
Under Vermont law, what is the standard for determining whether evidence obtained from a search and seizure is admissible in court?
Evidence obtained from a search and seizure must be obtained with a valid search warrant or fall under a recognized exception to the warrant requirement, such as consent, exigent circumstances, or the plain view doctrine. Evidence obtained in violation of these rules may be excluded under the exclusionary rule.
What is the "exclusionary rule" in criminal procedure?
The exclusionary rule prevents evidence obtained in violation of a defendant’s constitutional rights from being admitted in court. This rule serves to deter illegal police conduct and protect constitutional rights by ensuring that evidence obtained unlawfully cannot be used against the defendant.
What is the legal standard for determining whether a confession is admissible in court?
For a confession to be admissible in court, it must be made voluntarily and without coercion. This means that the confession cannot be the result of physical abuse, psychological pressure, or promises of leniency. It must be given freely and with an understanding of the rights involved.
What is the purpose of a preliminary hearing in criminal procedure?
A preliminary hearing is conducted to determine if there is sufficient evidence to establish probable cause that a crime was committed and that the defendant may have committed it. It is a screening process to decide whether the case should proceed to trial.