Ch 7 Flashcards
Trials are complex because…
many criminal justice agencies and personnel must interact in the pursuit of justice:
police, prosecutors, judges, jurors, victims and offenders.
Who works together to bring charges?
Police and prosecutor
This serves as a check and balance
Police arrest does not guarantee the prosecutor will prosecute
Prosecutorial Discretion
Three important decisions made BEFORE a trial:
1) Setting bail
2) determining the competency of the defendant to stand trial
3) plea bargaining
8th Amendment concepts of Bail
may be set by schedule
amount typically based upon possible fine
can be denied if defendant is flight risk
can be denied for reasons of community safety
Release of the defendant prior to trial.
Bail
3 Controversial Points on Bail
1) What is excessive bail?
2) When can bail be denied?
3) Does the bail system discriminate against the poor?
Grand Jury
Alternative method, which is confidential, to determine if there is sufficient evidence to charge the defendant with a crime.
Arraignment
Defendent is formally charged with crime(s) and asked to enter a plea. If the defendant pleads not guilty a trial date is set. If defendent pleads guilty, there is no trial and sentencing hearing is set.
Alternatives to Cash Bond (Bail)
1) release on recognizance (ROR)
2) Conditional Release
3) Property Bond
4) Signature Bond
motion for discovery
pretrial motion filed by defense counsel, requesting the prosecution turn over all relevant evidence, including list of witnesses that the prosection might use at the trial
_______ provides for the pretrial release of the accused, based merely on the defendants unsecured promise to appear at trial.
Release on recognizance (ROR)
_________ releases the defendant based on his/her signing a promissory note agreeing to pay the court an amount if he/she fails to appear at trial.
Unsecured bond
motion for suppression
a pretrial motion made by defense to exclude certain evidence from being introduced in the trial
motion for change of venue
made by prosecution or defense, to move trial to another courtroom in the same jurisdiction.
_______ releases the defendant based on his/her signature on a promise to appear in court, usu for minor offenses such as traffic violations.
signature bond
motion for continuance
made by prosecution or defense to delay start of the trial
_________ releases defendant if he/she agrees to court-ordered terms and restrictions.
Terms can include drug treatment programs, anger-management classes, compliance with restraining orders, or regular employment.
Conditional release
______ release of defendant in return for a piece of property worth the value of the bail as a promise to return for trial.
property bond.
motion for dismissal
defense motion requesting that charges against defendant be dismissed
motion for bill of particulars
allows defense to receive more details as to exactly what items the prosection considers illegal if a defendant is charged with possession of burglary tools, illegal weapons, drug paraphernalia, or illegal gamblin paraphernalia
Negotiation between defendant and prosecutor for a plea of guilty for which in return the defendant will reeive some benefit such as reduction of charges or dismissal of some charges
Plea bargaining
motion for severance of chrages or defendants
the defendant be tried for multiple charges separately or t hat multiple defendants charged with same crime be tried seperately
Benefits of Plea Bargaining
1) Reduces time and cost associated with court case
2) Keeps back-logged dockets moving
3) over 90% of defendants receive a plea bargain
4) Plea can surround the charges or the range of sentencing.
pretrial motions
requests by prosecutor or defense made in advance of the trial
3 Benefits brought forth by the Speedy Trial Act of 1974
1) a criminal case must assure defendant the right to a speedy trial under 6th Amendment
2) Federal prosecutor has 30 days to seek an indictment
3) Federal Prosecutor has 70 days to start trial
bail
release of the defendant prior to trial
Federal prosecutor has ___ days to seek an indictment and ___ days to start a trial.
indictment: 30
trial: 70
excessive bail
8th amendment prohibits bail which is excesive but there is no uniform standard as what “excessive” is
Participants in the Criminal Trials
1) Prosecutor
2) Defense Attorney
3) Judge
4) Jury
5) Court reporter
6) Clerk of the court
7) Witness
8) Bailiff
bail bondsagent
an agent of a private commercial business that has contracted with the court to act as a guarantor of a defendants return to court
Criminal Trial Process
1) Pretrial Motions
2) Jury Selection
3) Opening Statements
4) Prosecutor’s Case
5) Defense Case
6) Rebuttal
7) Surrebuttal
8) Closing Arguments
9) Charge to the Jury
10) Deliberation
11) Verdict
12) Sentencing
denial of bail
bail is a privelege that can be denies under some circumstances.
Pretrial Motions
1) Motion for Discovery
2) Motion for Suppression
3) Motion for change of venue
4) Motion for Continuance
5) Motion for Dismissal
6) Motion for a bill of particulars
7) Motion for severance of charges of defendants
United States v Salerno
Mafia member Anthony Salerno arrested for violating Racketeer Influenced and Corrupt Organizations Act. Determined that “Bail Reform Act of 1984” did not violate due process clause (5th amend) or the excessive bail clause (8th amend). Ruling permitted federal courts to detain people prior to a trial if the gov’t could prove that the individual was potentially dangerous to other people in the community.
Jury size of _____ is a tradition, NOT a constitutional requirement
12
________ requires a broad base of citizens who represent the community
Jury of One’s Peers
What is the courts major challenge for the jury?
Selecting fair citizen jurors.
How many purposes of punishment are there?
There are many conflicting opinions
Over _________ sentences are handed down by judges _______.
1 million anually
Contemporary Philosophies for Punishment
1) Deterrence
2) Incapacitation
3) Retribution
4) Rehabilitation
5) Restorative Justice
Deterrence
Punishment should prevent the criminal from reoffending
1) Effective with law abiding citizens
2) Corporal Punishment
3) Specific Deterrence
4) General Deterrence
5) Sterilization
Incapacitation
The only way to prevent criminals from reoffending is to remove them permanently from society.
1) Banishment
2) Transportation
3) Imprisonment - “warehousing” or “lock and feed”
Retribution
Criminals should be punished because they deserve it.
1) “Just desserts”
2) “get-tough” era of sentencing
3) “ 19th and 20th Century prison officials favored harsh prison conditions
4) The public expects prisoners to be punished
The Jurisdictions
1) Municipal/County Law
2) State Law
3) Federal Law
Municipal/County Law
1) Informal trial process
2) Pollice and defendant come before judge
3) police officer describes crime
4) defendant defends self
5) judge determines guilt/innocence and punishment
State Law
1) State Court of Limited Jurisdiction – if crime is misdemeanor
2) State Court of Original Jurisdiction – applies if crime is a felony
Federal Law
1) Federal Magistrate Court – applies if crime is a misdemeanor
2) Federal District Courts – applies if crime is a felony
What happens to crimes of both state and federal law?
Defendant can be tried in either or both state and federal courts.
This is NOT considered double jeopardy because it is considered a separate offense in each jurisdiction.
the rule that a defendant can be charged only once and punished only once for a crime; if tried and found innocent, defendant cannot be retired, even if new evidence is discovered
double jeopardy
the concept that a defendant comprehends charges against him/her and is able to assist his/her attorney with the defense
competent to stand trial
defendant negotiates with prosecutor for a lesser sentence in return for a guilty plea
sentence bargaining
the calendar on which court cases are scheduled for trial
court docket
legal limits regarding the length of time between the discovery of a crime and the arrest of the defendant
statue of limitations
Barker v Wingo
1972
court ruled that defendant’s failure to request a speedy trial does not negate the defendants right to a speedy trial
the status of a criminal offense. When police or prosecutor assert that the perpetrator of the crime is known, the case is “cleared.”
clearing cases
Klopfer v North Carolina
1967
1) Peter Klopfer, Duke University Professor
2) arrested for trespassing during sit in
3) Prosecution didn’t take case to trial, but would not drop the charges.
4) Klopfer appealed to US Supreme Court who ruled the indefinite holding unconstitutional.
administrative court rules governing the admissibility of evidence in a trial
rules of evidence
a charge against any violator of the judge’s courtroom rules, authorizing the judge to impose a fine or term of imprisonment.
contempt of court
person responsible for court paperwork and records before and during a trial
clerk of court
stenographer who transcribes every word spoken by judge attroneys and witnesses during a trial
court reporter (court recorder)
county deputy sheriff or us deputy marshall responsible for providing security and maintaining order in a courtroom
bailiff
the process through which a jury is selected from members of the jury pool who have been determined eligible for service
voir dire
physical evidence, such as a gun, a fingerprint, a photograph, or DNA matching
real evidence
the testimony of a witness
Testimonial evidence
information about a crime obtained by secondhand from another rather than directly observed
hearsay evidence
a citizen who testifies only to what he or she heard, saw, felt, smelled, or otherwise directly experienced
lay witness
gives testimony based on his/her expert knowledge and can make inferences beyond the facts
expert witness
evidence that connects the defendant with the crime
direct evidence
evidence that implies that the defendant is connected to the crime but does not prove it
circumstantial evidence
standards requiring that evidence and the testimony of witnesses be competent, material and relevant
legal standards of evidence
written instructions about the application of the law to a case that the judge gives to the jury to help them reach a verdict
charge to the jury
the jury cannot reach a verdict
hung jury
a judges order to participants and observers at a trial that the evidence and proceedings of the court may not be published, broadcast, or discussed publicly
gag order
a trial in which the judge rather than a jury makes the determination of guilt
bench trial
defense counsel provided for a defendant who cannot afford a private a private attorney
indigent defense
Taylor v Louisiana
ruled that the exclusion of women from jury duty created an imbalance in the jury pool
