Life sentence. Killing someone while driving is called vehicular homicide, while driving drunk is a DUI. The two together can lead to a life sentence, however, it varies greatly depending on the State and Nation.
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Answer:
You are the trial judge at the sentencing hearing. If you wish, you can rely on the suppressed confession for a sentence enhancement, in effect imposing the same sentence Bertha would have received for second-degree murder. Should you do so? Why or why not?
b. If you were on the appellate court reviewing Bertha’s sentence imposed as described in (a), would you rule that this sentence is fair?
Answer:
Preliminary hearing.
Explanation:
A preliminary hearing in criminal litigation is commonly referred to as a prelim and is the legal process of a "trial before the trial" of an accused or the defendant.
This simply means that, at the preliminary hearing, the judge using the "probable cause" legal standard, decides whether there is enough evidence to warrant the defendant to stand trial but not to determine whether he or she is guilty or innocent of the crime. Thus, no jury is present or required at this phase of trial because the defendant isn't entitled to any at the preliminary hearing.
Additionally, during the preliminary hearing phase of a trial, evidence is given in the attempt to convince the judge that there is enough evidence to go to trial. A prosecutor on behalf of the government may call witnesses to testify against the defendant and even present physical evidence to the judge, so that the case may go to trial while the defense counsel will work towards having the case dismissed by cross examining the government witnesses and disputing any evidence presented.
Answer:
Explanation:
Illinois (1963) involved what legal right?
the right to have a lawyer present during police interrogation
the right to remain silent while being arrested by police
the right to expunge criminal convictions from the record after winning an appeal
the right to investigate a crime for which the defendant has been accused
