Chapter 10

Question 1

How does an arrest happen?

Answer 1

There must be a complaint filed by a prosecutor, police, or private citizen

Question 2

What does a complaint serve as?

Answer 2

charging document for preliminary hearing

Question 3

Can an arrest happen before a complaint?

Answer 3

yes, in this case the complaint is sworn in afterwards

Question 4

Who makes the charging decisions?

Answer 4

the prosecutor

Question 5

What are 2 reasons the prosecutor may not file charges?

Answer 5

not guilty and may not be able to get a conviction

Question 6

What are the prosecutorial policies?

Answer 6

legal sufficiency
Trial sufficiency
System sufficiency
Defendant rehabilitation

Question 7

What is legal sufficiency policy?

Answer 7

when all cases are accepted based on legal crime elements

Question 8

What is trial sufficiency policy?

Answer 8

accepted based on likelihood of conviction

Question 9

What is system sufficiency policy?

Answer 9

when case screening reduces office workload

Question 10

What is defendant rehabilitation?

Answer 10

it is an early diversion of defendants

Question 11

What are the factors affecting charging decisions? (7)

Answer 11

1. seriousness of crime
2. strength of evidence
3. defendants culpability
4. convict ability
5. victim characteristics
6. limited resources
7. lack of motivation by prosecutors office

Question 12

What is downstream orientation?

Answer 12

allows for prosecutors to predict how the victim, suspect, and incident will be interpreted by judge and jury

Question 13

What are prosecutorial constraints?

Answer 13

cannot charge based on race, religion, or any other arbitrary classifications

Question 14

What is vindictiveness?

Answer 14

ffdf

Question 15

Prosecutors must do……

Answer 15

justice

Question 16

What is the information process?

Answer 16

informs defendant of facts and elements of the offense and charge

Question 17

What is the indictment process? Amendment?

Answer 17

Formal charge of accusation 5th amendment

Question 18

What is the purpose of the grand jury?

Answer 18

allows for jurors to “check” overzealous prosecutors

Question 19

Returned indictment is?

Answer 19

true bill

Question 20

Unreturned indictment is?

Answer 20

no bill

Question 21

What happens at the initial appearance?

Answer 21

defendant is brought before lower court judge and advised of charges and rights

Question 22

Where do misdemeanors enter a plea?

Answer 22

initial appearance

Question 23

What happens at bail?

Answer 23

release of suspect or not

what is the amount of bail

Question 24

What does the 8th amendment prohibit?

Answer 24

excessive and unusual bail

Question 25

What happens during arraignment?

Answer 25

formally notified of charges and defendant enters a plea

Question 26

What are the types of plea’s? 5

Answer 26

guilty
not guilty
no contest
stand mute
Alford plea

Question 27

What happens at discovery?

Answer 27

each side “discovers” evidence that is being brought against one another

Question 28

What types of evidence are discovered?

Answer 28

oral statements from defendant
prior criminal records
documents, photos, items, mental evals, and real evidence

Question 29

What happens during pretrial motions?

Answer 29

Arguments between opposing sides on what evidence should deb kept out of the trial, who should and should not testify, etc.

Question 30

How many pretrial motions can each side file?

Answer 30

one or more

Question 31

What is change of venue?

Answer 31

when a trial is requested to be moved to a place with less publicity

Question 32

Pretrial motions set….

Answer 32

boundaries for the case

Question 33

What are the six different pretrial motions?

Answer 33

1. motion for dismissal
2. motions to suppress evidence
3. motion for change of venue
4. motion for determination of competency?
5. motion for discovery
6. motion for severance of defendants

Question 34

What is motion of discovery?

Answer 34

defense files to see evidence against the defendant and which witnesses will be questioned

Question 35

What is motion to suppress evidence?

Answer 35

exclude illegally obtained evidence

Question 36

What is motion for severance of defendants?

Answer 36

prevents from witnesses testifying twice

Question 37

What happens when a defendant enters a guilty plea?

Answer 37

they have to explain to the judge

Question 38

What is it called when a defendant has to explain to a judge when pleasing guilty?

Answer 38

allocution

Question 39

What do sentence agreements do to a judge?

Answer 39

they reduce the judges discretion because they can accept or decline a plea

Question 40

What is ad hoc plea bargaining?

Answer 40

when a plea agreement is agreed upon but the punishment includes something that the court would not ordinarily oppose on a defendant

Question 41

Types of ad hoc plea bargaining

Answer 41

extraordinary condition of probation
quid pro quo punishment in return for dismissal or lenient sentence
unauthorized form of punishment
unauthorized benefit in return for guilty plea
defendant may plea guilty to an unauthorized offense

Question 42

Some ideas to limit plea bargaining?

Answer 42

cut off dates
Philadelphia jury waiver
full restriction

Question 43

What is the Philadelphia jury waiver?

Answer 43

when defendant waives right to a jury trial also known as slow plea of guilty

Question 44

What is a venire?

Answer 44

summons of prospective jurors

Question 45

What is voir dire?

Answer 45

for jurors to tell the truth