Chapter 2 pt. 1 Flashcards
_________ ___________ is the process followed by the police and the courts in the apprehension and punishment of criminals
criminal procedure
criminal procedure= ____________ ______
criminal procedure= process criminal law= substance
prescribed rules
criminal procedure= prescribed rules
criminal procedure= process criminal law= _________
substance
criminal procedure= _______ _______ ____ = substance
process criminal law
________ _____ differ in detail and terminology from one state to another, but __________ ___________ is very similar from jurisdiction to another
criminal law
criminal procedure
In additino to the Bill of Rights, there are other sources of rights for the defendant:
1) state constitutions
2) federal and state laws
3) case law
4) court rules
5) rules prescribed by agencies
What are the 3 stages of the criminal justice process?
1) before trial
2) during trial
3) after trial
The “before trial” phase of the criminal justice process, triggered by an _______ or __________
arrest
complaint
The “during trial” phase of the criminal justice process, begins with _____ ________ and ends with ____ _______
jury selection
jury verdict
A summary of the pretrial and trial stages:
1)
2) preliminary hearing
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14) deliberations
15) verdict
1) defendant arrested; complaint filed
A summary of the pretrial and trial stages:
1) defendant arrested; complaint filed
2)
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14) deliberations
15) verdict
2) preliminary hearing
A summary of the pretrial and trial stages:
1) defendant arrested; complaint filed
2) preliminary hearing
3)
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14) deliberations
15) verdict
3) grand jury returns indictment
A summary of the pretrial and trial stages:
1) defendant arrested; complaint filed
2) preliminary hearing
3) grand jury returns indictment
4)
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14)
15) verdict
4) discovery proceddings
14) deliberations
A summary of the pretrial and trial stages: 1) defendant arrested; complaint filed 2) preliminary hearing 3) grand jury returns indictment 4) discovery proceddings 5) 6) trial 7) opening statments 8) government's/ prosecutor's case 9) presentation of evidence 10) defendant's case 11) government's rebuttal case 12) closing arguments 13) jury instructed 14) deliberations 15)
5) motions filed
15) verdict
A summary of the pretrial and trial stages:
1) defendant arrested; complaint filed
2) preliminary hearing
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9)
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14) deliberations
15) verdict
9) presentation of evidence
A summary of the pretrial and trial stages:
1) defendant arrested; complaint filed
2) preliminary hearing
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8)
9) presentation of evidence
10) defendant’s case
11) government’s rebuttal case
12) closing arguments
13) jury instructed
14) deliberations
15) verdict
8) government’s/ prosecutor’s case
A summary of the pretrial and trial stages:
1) defendant arrested; complaint filed
2) preliminary hearing
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6) trial
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10)
11) government’s rebuttal case
12)
13) jury instructed
14) deliberations
15) verdict
10) defendant’s case
12) closing arguments
A summary of the pretrial and trial stages: 1) defendant arrested; complaint filed 2) preliminary hearing 3) grand jury returns indictment 4) discovery proceddings 5) motions filed 6) trial 7) 8) government's/ prosecutor's case 9) presentation of evidence 10) defendant's case 11) government's rebuttal case 12) closing arguments 13) 14) deliberations 15) verdict
7) opening statments
13) jury instructed
A summary of the pretrial and trial stages:
1) defendant arrested; complaint filed
2) preliminary hearing
3) grand jury returns indictment
4) discovery proceddings
5) motions filed
6)
7) opening statments
8) government’s/ prosecutor’s case
9) presentation of evidence
10) defendant’s case
11)
12) closing arguments
13) jury instructed
14) deliberations
15) verdict
6) trial
11) government’s rebuttal case
__________ a charge made before a law enforcement or judicial officer alleging the commission of a criminal offense
complaint
______, the taking of a person into custody for the purpose of criminal prosecution or interrogation
arrest
What are the 2 kinds of arrests?
1) arrest with a warrant
2) arrest without a warrant
A majority of arrests are arrests, with or without a warrant?
without a warrant
________ is an order issued by a court or law enforcemenet officer requiring a person to appear in court at a specified date answer certain charges
Citation
A ________ is a writ directed to the sheriff or other officer requiring the officer to notify a person that they must appear in court on a day named answer the complaint
summons
What are the advantages of citations and summons?
1) keeping a person out of jail pending the hearing
2) officers save time on paperwork
A _______ ________ is a process issued by the court for the attachment or arrest of a person
bench warrant
A bench warrant is known as the “________ ______ ___ ____ _____”; “from the bench”
“process issued by the court itself”
________, making an entry in the police blotter indicating a suspect’s name, the time of arrest, and the offense involved
booking
The initial appearance before a magistrate is known as __________, or ___________ on the warrant
presentment
arraignment
Most states issue a meeting with a magistrate “________ _________ _____”
without unnessary delay
_________ _________, the warnings about the rights against self-incrimination and the rights to counsel that must be given to a person who is under custodial interrogation
Miranda Warnings
The Miranda Warnings go as follows:
1)
2) Anything you say can be used against you in a court of law
3) You have a right to the presence of an attorney
4) If you cannot afford an attorney, one will be appointed for your prior to questioning
5) You have the right to terminiate this interview at any time
1) You have a right to remains silent
The Miranda Warnings go as follows:
1) You have a right to remains silent
2)
3) You have a right to the presence of an attorney
4) If you cannot afford an attorney, one will be appointed for your prior to questioning
5) You have the right to terminiate this interview at any time
2) Anything you say can be used against you in a court of law
The Miranda Warnings go as follows:
1) You have a right to remains silent
2) Anything you say can be used against you in a court of law
3)
4) If you cannot afford an attorney, one will be appointed for your prior to questioning
5) You have the right to terminiate this interview at any time
3) You have a right to the presence of an attorney
The Miranda Warnings go as follows:
1) You have a right to remains silent
2) Anything you say can be used against you in a court of law
3) You have a right to the presence of an attorney
4)
5) You have the right to terminiate this interview at any time
4) If you cannot afford an attorney, one will be appointed for your prior to questioning
The Miranda Warnings go as follows:
1) You have a right to remains silent
2) Anything you say can be used against you in a court of law
3) You have a right to the presence of an attorney
4) If you cannot afford an attorney, one will be appointed for your prior to questioning
5)
5) You have the right to terminiate this interview at any time
The Miranda Warnings are only required if someone is in ______ and police wish to _________ that person
custody
interrogate
_____ is the security required by the court and givern by the accused to ensure the accused in court at a specific time
bail
Bail has also been used as a form of __________ _________
preventive detention
___________ _________ is detaining a person in jail without bail with the purpose of preventing them from committing aadditional crimes
preventive detention
What are the various types of bail?
1) cash bail bond
2) release on recognizance (RoR)
3) citation release
4) property bond
Which type of bond is this:
the release of a person without monetary bail
release on recognizance (RoR)
Which type of bond is this:
no monetary amount is either pledged or given to the court, but the arrested person must appear in court at an appointed data
citation release
Which type of bond is this:
involves the defendant or anybody pledging real property up to at least the amount of the bail
property bond
__________ ________ is a hearing held before a judge or magistrate within a reasonably short time after arrest
preliminary hearing
The preliminary hearing is also known as __________ __________ or ___________ _____
preliminary examination
examining trial
A preliminary hearing is usually held for what 3 reasons?
1) determinatino of probable cause
2) discovery
3) decision on binding over
________, is the procedure used in a case to obtain information from the other party
discovery
_____________ _________, tends to establish the defendant did not commit the crime charged
exculpatory evidence
