Chapter 1 pt. 4 Flashcards
Who serves as a referee who is responsible for enforcing court rules, instructing the jury on the law, and determining the law ?
Judge
What judges have tremendous power to control a case?
Trial Judges
There are three common methods of selecting judges
1.
2.
3.
- Appointment
- election
- merit system
Appointment by the chief executive of the jurisdiction is the oldest method of selecting judges
True
What was the first state to implement judicial elections.
Georgia 1824
What means aligned with a particular party?
Partisan
What means no political affiliation is listed?
Non-partisan
The merit system is sometimes referred to as ?
The Missouri Plan
The merit system has how many parts?
3
Private prosecution is no longer permitted in any state.
True
A political appointee, is an administrator who sets prosecution priorities for deputy generals.
Attorney General
Deputy attorney generals are appointed by the _____ and confirmed by the _____, and serve at the pleasure of the president.
President
Senate
District attorneys have tremendous power to decide whether or not to prosecute. This is sometimes referred to as
Prosecutorial Discretion
Attorneys selected and paid by the defendant?
Retained Counsel
Hired by the state or county, but work for defendants who cannot afford to hire their own lawyer.
Public Defenders
Private attorneys who are paid by the state on a case-by-case basis to represent indigent defendants.
Appointed Counsel
The _______ serves as the changing document for the preliminary hearing.
Complaint
Stating the facts relied upon to create what is called probable cause.
Affidavit
Is a legal concept referring to the amount of proof a police officer must have in order to search or arrest someone.
Probable Cause
An administrative procedure involving the entry into the police blotter of the suspect’s name, arrest time, offense charged, and the thing of fingerprints and photographs.
Booking
The first court appearance.
Initial appearance
the amount of money that is established for the sole purpose of ensuring the presence of the defendant at trial.
Bail
Stack v. Boyle was a case on
Excessive Bail
Supreme Court held that an amount that exceeds the sum necessary to ensure the presence of the defendant at trial
Excessive Bail
The magistrate determines if there is probable cause to believe that an offense was committed and that it was the defendant who committed the crime.
Preliminary examination or Preliminary hearing
The Supreme Court has defined the preliminary hearing as a “_____ _____” which means that the defendant has a right to have a lawyer present.
Critical Stage
There are two ways charges may be filed against a defendant
1.
2.
Information
indictment
Information is prepared and signed by the prosecutor.
True
What is comprised of 23 people and proceedings are not open to the public.
Grand Jury
The grand jury is compromised of how many people?
23
What is it called when a grand jury returns an indictment?
True Bill
If the grand jury refused to indict the defendant, it is referred to as a
No bill
What is it called when you refuse to plead?
Standing Mute
Possible Pleas include 1. 2. 3. 4.
- guilt
- not guilty
- no contest
- standing mute
A no contest plea is also referred to as?
nolo contendre
What does it mean when the defendant accepts whatever punishment the court would impose on a guilty defendant but refuses to admit liability.
nolo contendre
______ ______ _______ in _______ cases include a motion to compel discovery, motion to suppress evidence, motion for change of venue, and a motion for omnibus hearing.
Common pretrial motions
criminal
Pretrial motions in criminal cases are usually made by who?
Defense
Evidence that tens to suggest the defendant is innocent
exculpatory evidence
The judge will rule on pretrial motions before the trial begins
True
