This topic contains a solution. Click here to go to the answer

Author Question: How soon after arrest must the probable cause hearing be held? What will be an ideal ... (Read 94 times)

robinn137

  • Hero Member
  • *****
  • Posts: 544
How soon after arrest must the probable cause hearing be held?
 
  What will be an ideal response?

Question 2

What is the preliminary hearing? What is its purpose? When is it required?
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

FergA

  • Sr. Member
  • ****
  • Posts: 352
Answer to Question 1

In Gerstein, the Court stated that if a probable cause hearing must be held, it must take place promptly after arrest.

Answer to Question 2

A preliminary hearing is not required by the Constitution (Lem Woon v. Oregon, 229 U.S. 586 1913). It is up to each state to determine under what circumstances it is required. Fortunately, most states, as well as the federal government, require preliminary hearings, at least to a certain extent. Whether a preliminary hearing is required typically depends on a jurisdiction's method of filing criminal charges. In jurisdictions that require that charges be filed in the form of a grand jury indictment, no preliminary hearing is required if the prosecutor secures an indictment within a specified time period.




robinn137

  • Member
  • Posts: 544
Reply 2 on: Aug 17, 2018
Great answer, keep it coming :)


ryansturges

  • Member
  • Posts: 338
Reply 3 on: Yesterday
Thanks for the timely response, appreciate it

 

Did you know?

Blood is approximately twice as thick as water because of the cells and other components found in it.

Did you know?

The most destructive flu epidemic of all times in recorded history occurred in 1918, with approximately 20 million deaths worldwide.

Did you know?

The average human gut is home to perhaps 500 to 1,000 different species of bacteria.

Did you know?

Critical care patients are twice as likely to receive the wrong medication. Of these errors, 20% are life-threatening, and 42% require additional life-sustaining treatments.

Did you know?

Cytomegalovirus affects nearly the same amount of newborns every year as Down syndrome.

For a complete list of videos, visit our video library