Ch. 12 Court Proceedings I: Before Trial (FINAL) Flashcards
Cases in which prosecutors agree to drop charges if defendants successfully participate in a program.
What is a diversion case?
In { } prosecution, a lack of resources makes it impossible to prosecute every case, so prosecutors must set priorities.
Selective
The 2 types of probable cause are probable cause to…
1) Detain
2) Go to trial
This 1991 case held that states must provide proof of probable cause prior to pretrial detention.
What is County of Riverside v. McLaughlin?
The { } complaint authorizes magistrates to conduct the first apppearance.
Criminal
List 3 conditions judges attach to release on bail.
1) Release on recognizance (ROR)
2) Money bond
3) Supervised release
Why doesn’t preventive detention violate a defendant’s due process rights even though they’re presumed innocent?
Preventive detention isn’t a punishment; it is a measure to prevent dangerous defendants from being released into the wild and causing more trouble
Identify & describe 3 constitutional rights our bail system denies to poor defendants.
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
List 2 conditions for why USSC ruled that loss of freedom & privacy in pretrial confinement isn’t punishment.
1) Prison administrators are accorded great deference
2) There is a need for maintaining security, order, & discipline
What did early interpretations of the 6th Amendment’s right-to-counsel clause refer to?
It was once believed that you had a right to retained (personal/bought-with-your-own-money) counsel instead of the court providing counsel
When is the soonest that the right-to-counsel clause attaches?
In the critical stages, particularly when the police focus on one suspect; so, all proceedings after the first appearance
What are the 2 prongs for determining if defendants have “effective” counsel, according to Strickland v. Washington (1984)? Describe them.
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
A public hearing that tests both government and defense cases in an adversarial proceeding where the judge presides.
What is the preliminary hearing?
This is a secret hearing that hears only the government’s case, and the prosecutor presides rather than the judge.
What is a grand jury review?
Who are the members of the grand jury?
Private/ordinary citizens
This stage in criminal proceedings is where defendants come to court to hear and answer (plead to) charges.
What is arraignment?
Under what 3 circumstances does double jeopardy NOT prevent a second prosecution?
1) Judge grants motion to dismiss
2) Judge orders mistrial due to hung jury
3) Second prosecution is in a different jurisdiction
What is the doctrine stating that a second prosecution takes place in a different jurisdiction and does not trigger double jeopardy?
Dual sovereignty doctrine
This doctrine states that the government can re-prosecute for the same offense if the dismissal serves the ends of justice.
What is the manifest necessity doctrine?
What is the ONLY type of delay that the 6th Amendment speedy trial clause bans?
Undue delays
What is the consequence of an undue delay?
Case dismissal, either with (no new prosecution) or without (allows new prosecution) prejudice
This act ensures a definite time for bringing defendants to trial.
What is the Federal Speedy Trial Act?
What is a written formal charge by prosecutors without a grand jury indictment?
Criminal information (bill of information)
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?
Mockery-of-justice
