1 Flashcards
The name of the trial court levels in the federal system?
District courts
What does an “appellate court” do?
Hears the appeal from the trial court, then cases may go to the state supreme court.
How many U.S. Supreme Court justices have to agree to review a case?
4
Type of writ issued when a case is accepted for review by the U.S. Supreme Court?
Write of certiorari
Why is pre-trial bail release allowed?
The concept that a person accused of a crime is presumed to be innocent.
What happens at a “First Appearance”
Give notice of criminal charges and give 6th amendments rights info, to the accused person.
What happens at a “Arraignment”?
Defendant is informed of charges for which they will be tried. Is read their 6th amendments rights. Enters a plea. Guilty or Not Guilty.
Whats the process of the preliminary hearing?
A mini trial, in that witnesses are sworn and heard, but the prosecution does not have to probe its entire case, it only has to present enough evidence to establish probable cause to justify the arrest.
What is the document issued by Grand Jury if they determine is there is probable cause for a crime?
Indictment or true bill
Are the majority of criminal charges in the U.S. resolved through a plea bargain?
Yes, majority of felons who pleaded guilty bargain are sentenced to a period of confinement.
Which side presents their case first at a criminal trial?
Prosecution