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MMLU / Two men held-up a liquor store in a city. During the robbery, one of the…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

Two men held-up a liquor store in a city. During the robbery, one of the participants shot and killed the owner of the store. Over a year later, police detectives arrested a defendant after obtaining reliable information that the defendant was the robber who was responsible for killing the store's owner. Afterward, the defendant was taken to the station house where he was booked for the crime and then incarcerated. The next day, the prosecuting attorney made a decision to delay indictment until he could discover the identity of the defendant's accomplice. The defendant was then released from police custody. In this jurisdiction the statute of limitations for murder is five years. Five months later, the prosecuting attorney, after unsuccessfully attempting to secure information on the defendant's cohort, indicted the defendant, charging him with felony murder. Shortly before trial, the only eyewitness to the crime died. He would have testified that the defendant did not participate in the robbery. The defendant's motion to dismiss the indictment because of the delay between the date of the crime and the date of the indictment will most probably be

choices

  1. granted, because the prosecutor is constitutionally required to press charges, if at all, within a reasonable time after probable cause is established.
  2. granted, because the delay in prosecuting the defendant actually prejudiced him.
  3. denied, because pre-indictment delay does not violate the Constitution, as long as it does not exceed an applicable statute of limitations.
  4. denied, because the delay was not excessive and was for a permissible purpose.

subject

professional_law

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Source and history

task_id
dc9bf1c7-7d61-5db0-a4df-e13929b4e19d
task_key
all--test--dc9bf1c7-7d61-5db0-a4df-e13929b4e19d
task_revision_id
1
config / split
all / test

Official source

initial import