Chapter 10 Flashcards
How does an arrest happen?
There must be a complaint filed by a prosecutor, police, or private citizen
What does a complaint serve as?
charging document for preliminary hearing
Can an arrest happen before a complaint?
yes, in this case the complaint is sworn in afterwards
Who makes the charging decisions?
the prosecutor
What are 2 reasons the prosecutor may not file charges?
not guilty and may not be able to get a conviction
What are the prosecutorial policies?
legal sufficiency
Trial sufficiency
System sufficiency
Defendant rehabilitation
What is legal sufficiency policy?
when all cases are accepted based on legal crime elements
What is trial sufficiency policy?
accepted based on likelihood of conviction
What is system sufficiency policy?
when case screening reduces office workload
What is defendant rehabilitation?
it is an early diversion of defendants
What are the factors affecting charging decisions? (7)
- seriousness of crime
- strength of evidence
- defendants culpability
- convict ability
- victim characteristics
- limited resources
- lack of motivation by prosecutors office
What is downstream orientation?
allows for prosecutors to predict how the victim, suspect, and incident will be interpreted by judge and jury
What are prosecutorial constraints?
cannot charge based on race, religion, or any other arbitrary classifications
What is vindictiveness?
ffdf
Prosecutors must do……
justice
What is the information process?
informs defendant of facts and elements of the offense and charge
What is the indictment process? Amendment?
Formal charge of accusation 5th amendment
What is the purpose of the grand jury?
allows for jurors to “check” overzealous prosecutors
Returned indictment is?
true bill
Unreturned indictment is?
no bill
What happens at the initial appearance?
defendant is brought before lower court judge and advised of charges and rights
Where do misdemeanors enter a plea?
initial appearance
What happens at bail?
release of suspect or not
what is the amount of bail
What does the 8th amendment prohibit?
excessive and unusual bail
What happens during arraignment?
formally notified of charges and defendant enters a plea
What are the types of plea’s? 5
guilty not guilty no contest stand mute Alford plea
What happens at discovery?
each side “discovers” evidence that is being brought against one another
What types of evidence are discovered?
oral statements from defendant
prior criminal records
documents, photos, items, mental evals, and real evidence
What happens during pretrial motions?
Arguments between opposing sides on what evidence should deb kept out of the trial, who should and should not testify, etc.
How many pretrial motions can each side file?
one or more
What is change of venue?
when a trial is requested to be moved to a place with less publicity
Pretrial motions set….
boundaries for the case
What are the six different pretrial motions?
- motion for dismissal
- motions to suppress evidence
- motion for change of venue
- motion for determination of competency?
- motion for discovery
- motion for severance of defendants
What is motion of discovery?
defense files to see evidence against the defendant and which witnesses will be questioned
What is motion to suppress evidence?
exclude illegally obtained evidence
What is motion for severance of defendants?
prevents from witnesses testifying twice
What happens when a defendant enters a guilty plea?
they have to explain to the judge
What is it called when a defendant has to explain to a judge when pleasing guilty?
allocution
What do sentence agreements do to a judge?
they reduce the judges discretion because they can accept or decline a plea
What is ad hoc plea bargaining?
when a plea agreement is agreed upon but the punishment includes something that the court would not ordinarily oppose on a defendant
Types of ad hoc plea bargaining
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
Some ideas to limit plea bargaining?
cut off dates
Philadelphia jury waiver
full restriction
What is the Philadelphia jury waiver?
when defendant waives right to a jury trial also known as slow plea of guilty
What is a venire?
summons of prospective jurors
What is voir dire?
for jurors to tell the truth
