Ch. 12 Court Proceedings I: Before Trial (FINAL)

Question 1

Cases in which prosecutors agree to drop charges if defendants successfully participate in a program.

Answer 1

What is a diversion case?

Question 2

In { } prosecution, a lack of resources makes it impossible to prosecute every case, so prosecutors must set priorities.

Answer 2

Selective

Question 3

The 2 types of probable cause are probable cause to…

Answer 3

1) Detain
2) Go to trial

Question 4

This 1991 case held that states must provide proof of probable cause prior to pretrial detention.

Answer 4

What is County of Riverside v. McLaughlin?

Question 5

The { } complaint authorizes magistrates to conduct the first apppearance.

Answer 5

Criminal

Question 6

List 3 conditions judges attach to release on bail.

Answer 6

1) Release on recognizance (ROR)
2) Money bond
3) Supervised release

Question 7

Why doesn’t preventive detention violate a defendant’s due process rights even though they’re presumed innocent?

Answer 7

Preventive detention isn’t a punishment; it is a measure to prevent dangerous defendants from being released into the wild and causing more trouble

Question 8

Identify & describe 3 constitutional rights our bail system denies to poor defendants.

Answer 8

1) Due process - can’t help with their own defense if locked up

2) Equal protection - in jail b/c they can’t afford to bond out

3) Right against excessive bail - don’t have the money to pay any bail

Question 9

List 2 conditions for why USSC ruled that loss of freedom & privacy in pretrial confinement isn’t punishment.

Answer 9

1) Prison administrators are accorded great deference
2) There is a need for maintaining security, order, & discipline

Question 10

What did early interpretations of the 6th Amendment’s right-to-counsel clause refer to?

Answer 10

It was once believed that you had a right to retained (personal/bought-with-your-own-money) counsel instead of the court providing counsel

Question 11

When is the soonest that the right-to-counsel clause attaches?

Answer 11

In the critical stages, particularly when the police focus on one suspect; so, all proceedings after the first appearance

Question 12

What are the 2 prongs for determining if defendants have “effective” counsel, according to Strickland v. Washington (1984)? Describe them.

Answer 12

1) Reasonableness - defendants have to prove lawyer’s performance wasn’t competent

2) Prejudice - must prove lawyer’s incompetence was probably responsible for their conviction

Question 13

A public hearing that tests both government and defense cases in an adversarial proceeding where the judge presides.

Answer 13

What is the preliminary hearing?

Question 14

This is a secret hearing that hears only the government’s case, and the prosecutor presides rather than the judge.

Answer 14

What is a grand jury review?

Question 15

Who are the members of the grand jury?

Answer 15

Private/ordinary citizens

Question 16

This stage in criminal proceedings is where defendants come to court to hear and answer (plead to) charges.

Answer 16

What is arraignment?

Question 17

Under what 3 circumstances does double jeopardy NOT prevent a second prosecution?

Answer 17

1) Judge grants motion to dismiss
2) Judge orders mistrial due to hung jury
3) Second prosecution is in a different jurisdiction

Question 18

What is the doctrine stating that a second prosecution takes place in a different jurisdiction and does not trigger double jeopardy?

Answer 18

Dual sovereignty doctrine

Question 19

This doctrine states that the government can re-prosecute for the same offense if the dismissal serves the ends of justice.

Answer 19

What is the manifest necessity doctrine?

Question 20

What is the ONLY type of delay that the 6th Amendment speedy trial clause bans?

Answer 20

Undue delays

Question 21

What is the consequence of an undue delay?

Answer 21

Case dismissal, either with (no new prosecution) or without (allows new prosecution) prejudice

Question 22

This act ensures a definite time for bringing defendants to trial.

Answer 22

What is the Federal Speedy Trial Act?

Question 23

What is a written formal charge by prosecutors without a grand jury indictment?

Answer 23

Criminal information (bill of information)

Question 24

What right-to-counsel standard holds that only lawyers whose behavior is so shocking that it turns the trial into a joke are constitutionally ineffective?

Answer 24

Mockery-of-justice