CCJ1020 Chapter 10 Flashcards
What is a complaint?
A complaint is a formal, written statement of a criminal charge including the date, place, and circumstances of the arrest
Who is typically the complainant?
A police officer
What is an arraignment?
Initial court appearance, accused is told charges and rights and is asked for a plea
What extra step in pretrial happens when there is a felony?
An objective body (jury) must be convinced that there is probably cause of the crime happening and thus the defendant needs to be tried
What is an “information”?
A legal document from a lower court stating that a defendant should be tried
What is bail?
A sum of money offered for a defendant to live normally with the promise to appear in court
What happens to bail if the defendant does not show to court?
It is forfeited
Bail can be denied or revoked. (T or F)
False
What was the Statute of Westminster?
Issued by Parliament explained what crimes where bailable and which were not
What does the Judiciary Act of 1789 say about bail?
Requires bail to be allowed for all crimes unless punishable by death; explained conditions for bail and limited discretion on setting bail amounts
There is a constitutional right to bail. (T or F)
False
What did the 1951 case of Stack v. Boyle say about bail?
If a crime is bailable, the bail cannot be excessive
Who are pretrial detainees?
People who either are not offered bail or cannot pay their bail before trial
What is ROR?
Release on recognizance; defendant is let out pretrial and is not required to pay bail
What lead to the Bail Reform Act of 1966?
ROR programs
What does the Bail Reform Act of 1984 say?
No defendant can be held pretrial just because they can’t afford bail; institutes ROR
___ percent of motor vehicle theft suspects committed crimes while on bail.
41%
Who are advertable recidivists?
A person whose crime could have been prevented if they were not given discretionary release
What is preventative detention?
To deny bail to individuals who are deemed dangerous or a flight risk
What perspective on justice is preventative detention?
crime control perspective
Schall v. Martin
Court upheld that the use of preventative detention can be used on minors if it will help the safety of the individual and society
What do pretrial programs provide?
- Gather information on arrestees
- Assess likelihood of not appearing in court or being rearrested
- Supervision of the suspect
Which amendment ensures right to a grand jury?
5th amendment
What is a presentment?
Report from a grand jury investigation; usually has a recommendation of indictment
What is an indictment?
Written accusation of a crime toward someone
What are the two roles of a grand jury?
- Act as an independent investigating body
- Act as the communities conscience to see if an accusation justifies a trial
What is a no bill?
When a grand jury fails to find probable cause and dismisses the indictment
How many people make up a grand jury?
16-23
United States v. Williams
exculpatory evidence is not required to be shown to a grand jury
What is exculpatory evidence?
Evidence that can clear a defendant from blame or fault
What is the purpose of a preliminary hearing?
Make the prosecutor present a case to decide if the defendant should be tried in court
What is a nolo contendere plea?
An acceptance of punishment without an admission of guilt
What are the three pleas?
- Guilty
- Not guilty
- Nolo contendere
A guilty plea waivers constitutional rights. (T or F)
True
What are to two wasy of pleading not guilty?
- Defendant verbally states it
- Defendant remains mute to the bench
How is a nolo contendere plea made?
Voluntarily and intelligently made by the defendant
What percent of criminal cases are ended with a negotiated plea of guilty?
More than 90%
A plea must be approved by the victim. (T or F)
False
What is a criminal trial?
Open and public hearing designed to bring the facts of a case brought by the state against the accused
What is a bench trial?
Criminal trial with only a judge
What is a verdict?
The final statement of the judge or jury on a question of fact in a trial
What is adjudication?
Determination of guilt/innocence concerning criminal charges
Tumey v. Ohio?
Defendants have the right to an impartial judge
What is peremptory removal?
An attorney moves to have a the judge replaced
Riggins v. Nevada?
Forcing a defendant to get treatment so they can be tried is not a violation of due process
What is the confrontation clause?
Constitutional right of a defendant to cross-examine a witness against him or her
What is hearsay evidence?
A testimony that relates information through a second party
What is a subpoena?
An order requiring a witness to appear in court at at specified place and time
What is compulsory process?
Compelling the production of a witness via a subpoena
Washington v. Texas?
Compulsory process is a fundamental right
Baldwin v. New York?
Defendant has the constitutional right of a trial by jury is they could face a prison sentence of 6 months or more
Gideon v. Wainwright?
All criminal defendants have the right to council in felony cases
What is pro se?
When a defendant decides to represent themself
What is “proof beyond a reasonable doubt”?
A standard of proof needed to convict in a criminal case
What is “preponderance of the evidence”?
Level of proof in civil cases; more than half the evidence must be convicting
What is a venire?
Group called for jury duty where the jurors are selected
How many jurors are in the jury box?
12
What is voir dire?
Process where a potential jury panel is questioned by both parties to select jurors who are unbiased
What is a challenge for cause?
Dismissal of a juror due to an inability to be objective on the case
What is a peremptory challenge?
Dismissal of a prospected juror due to unexplained reasons
Batson v. Kuntuckey?
Supreme Court said peremptory challenges cannot be based solely on race
What is direct examoniation?
The questioning of one’s own witness during trial
What is a directed verdict?
Defense attorney asks the judge for the jury to come to a guilty or not guilty opinion based on just the prosecution’s case
What is jury nullification?
The jury’s refusal to make a decision on fact and evidence
What is an appeal?
A request for a appellate court to examine the lower court’s decision to see if proper procedures were followed
Writ of habeas corpus?
Judicial order that asks for the incarcerated person to show and explain what their sentencing is and the reason behind it
