Chapter 1. Intro to Crim Pro

Question 1

Criminal Procedure

Answer 1

Covers the rules and practices that govern the investigation and prosecution of criminal cases.

Question 2

Investigatory criminal procedure

Answer 2

generally refers to the rules governing police conduct in investigating a case.

Question 3

Accusatory criinal procedure

Answer 3

generally refers to the rights of a defendant as a case proceeds through the criminal justice system.

Question 4

which amedments to investigatory criminal procedure rules derive from?

Answer 4

4th, 5th, and 6th

Question 5

which amendments and which rules govern the accusatory criminal procedure stage?

Answer 5

the 5th and 14th amendments rights to due process, the 6th’s right to counsel and a speedy and public trial, the 8th’s prohibition on excessive bail and double jeopardy, and the rules of procedure enacted by congress or the states.

Question 6

although federal constitutional rules govern criminal procedure, which other laws may control this area?

Answer 6

federal statutory laws
state constitutions
state laws
court rules of procedure
ethical codes

Question 7

in a criminal case, who is the defendant?

Answer 7

person accused in a criminal proceeding

Question 8

ABA Standards Relating to the Administration of Criminal Justice, Defense Standard 4-1.2(b).

Answer 8

“the basic duty defense counsel owes to the administration of justice and as officers of the court is to serve as defendants counselors and advocates with courage and devotion and to render effective, quality representation.”

Question 9

When does a defendant have a right to counsel?

Answer 9

In cases where they face incarceration.

Question 10

Who do Federal Prosecutors represent?

Answer 10

the United States

Question 11

Who are Federal Prosecutors assigned by?

Answer 11

either by the local U.S. Attorney’s office or the Department of Justice

Question 12

Who represents local jurisdictions?

Answer 12

city attorneys, district attorneys, and county prosecutors

Question 13

Who represents the State at large?

Answer 13

state attorney general

Question 14

are state prosecutors appointed or elected?

Answer 14

elected

Question 15

ABA Standards Relating to the Administration of Criminal Justice, Prosecution Standard 3-1.2(b)-(c).

Answer 15

“the prosecutor is an administrator of justice, an advocate, and an officer of the court….The duty of the prosecutor is to seek justice, not merely to convict.”

Question 16

Does the victim have control over the case?

Answer 16

No. The prosecutor decides which cases to charge, whether to plea bargain, trial strategies, and even sentencing recommendations.

Question 17

Who is a crime considered to be an offense against?

Answer 17

the entire community and not just individual victims

Question 18

What does investigative criminal procedure focus on?

Answer 18

what procedures police may use when apprehending and investigating defendants.
Specifically, it addresses the rules for searches, seizures, and interrogations of defendants.

Question 19

What are the primary Federal Law Enforcement Agencies?

Answer 19

Federal Bureau of Investigation (FBI)
Secret Service
Drug Enforcement Administration (DEA)
Bureau of Alcohol, Tobacco and Firearms (ATF)
Bureau of Customs and Borders Prosecution (CBP)
Immigration and Customs Enforcement (ICE)
Securities and Exchange Commission (SEC)

Question 20

What do magistrates determine?

Answer 20

whether search or arrest warrants should issue,
whether there is sufficient evidence to hold an arrested defendant,
and whether bail should be granted.

Question 21

who reviews police conduct to determine if evidence should be suppressed because of constitutional violations?

Answer 21

judges and magistrates

Question 22

Judges have the responsibility of

Answer 22

supervising criminal trials.

Question 23

What are the 2 types of jurors in the criminal justice system?

Answer 23

grand jurors and trial jurors.

Question 24

What is a grand jurors role

Answer 24

to oversee investigations of cases and decide whether to retun indictments against individuals for specific crimes.

Question 25

What is a trial jurors role?

Answer 25

they are the fact-finders in most criminal trials.

Question 26

After listening to all of the evidence, trial jurors decide?

Answer 26

whether there is sufficient evidence to convict a defendant.

Question 27

To make their decision, what do trial jurors have to do?

Answer 27

make key credibility decisions in the case by deciding which side’s witnesses to believe.

Question 28

What is the responsiblily of a corrections officer?

Answer 28

supervising defendants’ incarceration or release on parole or probation.

Question 29

Who are the participants n the criminal justice system?

Answer 29

Defendants
Defense Counsel
Prosecutors
Victims
Police and Other Law Enforcement Officers
Magistrates and Judges
Jurors
Corrections Officials
Public
Media

Question 30

What is the typical route for a criminal case?

Answer 30

Pre-Arrest Investigation
Arrest
Filing the Complaint
Gerstein Review
First Appearance/Arraignment on Complaint
Grand Jury or Preliminary Hearing
Arraignment on Indictment or Information
Discovery
Pretrial Motions
Plea Bargaining and Guilty Pleas
Trial
Sentencing
Appeals and Habeas Corpus

Question 31

If the police arrest a suspect without an arrest warrant, what procedure must they follow?

Answer 31

the must file an affidavit with the court setting forth the probable casue for the arrest and getting a comlpaint to hold the defendant for further proceedings.

Question 32

What must be done in order for the police to hold a suspect once he is arrested?

Answer 32

The prosecution must file charges.

Question 33

What is Gerstin Review?

Answer 33

Where the magistrate reviews the prosecution’s complaint and supporting affidavit to determine whether there is probable cause supporting the initial charges against the defendant. This review is done ex parte and is based on filings alone–no evidentiary hearing is required.

Question 34

When must the defendants first hearing take place?

Answer 34

Within 48 hours of his arrest. (rule 5 FRCP, “without unnecessary delay”)

Question 35

What is the purpose of the 1st appearance?

Answer 35

(1) advise the defendant of the charges against him
(2) give him an opportunity to seek bail
(3) to advise him of his right to retain counsel or to have counsel assigned.

Question 36

What is the 1st appearance called?

Answer 36

The “initial arraignment” or “preliminary arraignment”

Question 37

Inculpatory Evidence

Answer 37

Evidence showing or tending to show one’s involvement in a crime or wrong.

Question 38

Exculpatory Evidence

Answer 38

Evidence tending to establish a criminal defendant’s innocence.

Question 39

When does the prosecutin have a duty to disclose exculpatory evidence in its possession or control?

Answer 39

when the evidence may be material to the outcome of the case.

Question 40

In limine

Answer 40

“at the outset”. Preliminarily; presented to only the judge, before or during trial

Question 41

nolo contendere

Answer 41

“no contest” plea. A criminal defendant’s plea that, while not admitting guilt, the defendant will not dispute the charge. This plea is often preferable to a guilty plea, which can be used against the defendant in a later civil lawsuit.

Question 42

venire

Answer 42

a panel of persons selected for jury duty and from among whom the jurors are to be chosen.

Question 43

vore dire

Answer 43

the questions of prospective jurors by a judge and attorneys in court.

Question 44

petit

Answer 44

“minor, small”

Question 45

habeas corpus

Answer 45

“that you have the body”. A writ employed to bring a person before a court, most frequently to ensure that the person’s imprisonment or detention is not illegal. In addition to being used to test the legality of an arrest or commitment, the writ may be used to obtain judicial review of (1) the regularity of the extradition process, (2) the right to or amount of bail, or (3) the jurisdiction of a court that has imposed a criminal sentence.