Chapter 2 pt. 2 Flashcards
When is a preliminary examination not required?
1) when an indictment has been handed down prior to the preliminary hearing
2) if the grand jury has previously returned an indictment
3) when a misdemeanor is involved
4) When there is a waiver of the preliminary hearing
5) As a result of any of three actions in federal cases
After the preliminary hearing, the magistrate may take any of the following actions?
1) hold the defendant to answer
2) discharge the defendant
3) reduce the charge
The more serious an offense the less _________
discretion
What is Nolle prosequi motion?
a motion seeking dismissal of charges
What is an indictment?
a written accusation of a crime filed by the grand jury
__________, a criminal charge filed by the prosecutor without the intervention of a grand jury
Information
_____ _____, a jury that usually determine’s whether a person should be charged with an offense
grand jury
A ____ ___ __________ a written accusation of a crime submitted to the grand jury by the prosecutor
bill of indictment
___________- The appearance of an accussed in court where he or she is informed of the chrages and asked to plead
arraignment
When it comes to an ___________, the accused presence is usually required, unless in minor offenses
arraignment
What is a capias?
a warrant issued by the court for an officer to take a defendant into custody
In some jurisdictions, the ___________ is also the first time an accused is asked whether or not he or she is guilty of the offense charged
arriagnement
In federal courts, the arraignment consists of:
1) ensurring that the defendant has a copy of the indictment or information
2) reading the indictment or information to the defendant the the substance of the charge
3)
3) asking the defendant to plead to the indictment or information
In federal courts, the arraignment consists of:
1)
2) reading the indictment or information to the defendant the the substance of the charge
3) asking the defendant to plead to the indictment or information
1) ensurring that the defendant has a copy of the indictment or information
In federal courts, the arraignment consists of:
1) ensurring that the defendant has a copy of the indictment or information
2)
3) asking the defendant to plead to the indictment or information
2) reading the indictment or information to the defendant the the substance of the charge
_____, an accussed’s response in court to the indictment or information
plea
What are the 3 different types of pleas?
1) Nolo Contendere Plea
2) A Plea of Not Guilty
3) A Plea of Guilty
What is a Nolo Contendere Plea?
a plea of “no contest”
The _____ _________ _____ cannot be used as an admission of any subsequent civil proceeding arising out of the same offense
Nolo Contendere Plea
Nolo Contendere Pleas are mostly used for misdemeanors or felonies?
misdemeanors
A Nolo Contendere Plea can be made only with the consent of the __________ or with the approval of the _____
prosecution
court
________ ____, when the accussed refused to enter a plea.
standing mute
When a standing mute is initiated, what will the court do?
enter a not guilty plea on behalf of the accused
The defense lawyer often files what type of written motions with the court?
1) a motion to suppress
2) motion for a change of venue
A standing mute plea is what type of plea; Nolo Contendere Plea, A Plea of Not Guilty, or A Plea of Guilty?
A Plea of Not Guilty
When is a motion to suppress initiated by a defense lawyer?
evidence that allegedly was illegally seized
_______ ____, is a plea in which the defendant claims innocence yet pleads guilty for other reasons
Alford plea
An Alford plea is what type of plea; Nolo Contendere Plea, A Plea of Not Guilty, or A Plea of Guilty?
A Plea of Guilty
Federal courts allow a defendant to withdraw a guilty or nolo contendere plea in 2 situations:
1) before the court accepts the plea, for any reason or no reason
2) after the court accepts the plea, but before it imposes sentence if the court rejects a plea agreement, or the defendant can show a fair or just reason fo requesting the withdrawal
What is a plea bargain?
a defendant agrees to plead guilty in exchange for a lower charge, a lower sentence, or other considerations
What are 3 forms of plea bargaining?
1) an arrangement where the defendant and prosecutor agree that the defendant should be permitted to plead guilty to a charge less serious than is supported by the evidence
2) an agreement whereby the defendant pleads “on the nose”, in exchange for some kind of a promise from the prosecutor about the sentence
3) an arrangement where the defendant pleads guilty in exchnage where charges are dropped or not filed
What are 4 practical reasons for plea bargains?
1) defendants can avoid the time and cost of defending themselves at trial, the trisk of harsher punsihment, and the publicity a trial could involve
2) the prosecution saves the time and expense of a lenghty trial
3) both sides are spared the uncertainty of going to trial
4) the court system is saved the burden of conducting a trial on every crime
Legal issues in plea bargains: 1) 2) 3) 4) 5)
1) should a prosecutor’s promise to a defendant to induce a guilty plea be kept?
2) Is the defendant entitled to a lawyer during the plea bargaining process?
3) How much evidence should the prosecutor disclose in plea bargaining?
4) What constitutes an involuntary plea?
5) Should plea bargaining be prohibited by law?
_______- a group of prospective jurors assembled according to procedures established by law
venire
True or False: Jurors’ names are always made public
False; Jurors’ names are usually made public, but some states allow anonymity
_____ _____, is a process in which prospective jurors’ are questioned to determine whether the are grounds for challenge
Voir Dire
What are the 2 types of challenges to prospective jury members?
1) Challenge for Cause
2) Peremptory Challenge
The __________ ___ ______, is a challenge for the dismissal of a juror based on causes specified by law
Challenge for Cause
What are the typical challenges for cause?
1) not a qualified voter in the state or country
2) under indictment for or has been convicted of a felony
3) is insane
4) prospective witness for either party in the case
5) served on the grand jury that handed down the indictment
6) has already formed an opinion on the case
7) biased for or against the defendant
__________ __________, is the dismissal of a prospective juror for reasons that need not be stated
Peremptory Challenge
The more serious the offense, the more _________ ________ may be allowed
peremptory challenge
Is this a grand jury or trial jury (petit jury):
16-23 members with 12 votes required for an indictment
Grand Jury
Is this a grand jury or trial jury (petit jury):
choice usually determined by state laws
Grand Jury
Is this a grand jury or trial jury (petit jury):
doesn’t determine guilt
Grand Jury
Is this a grand jury or trial jury (petit jury):
retains the same membership 1 month-1 year
Grand Jury
Is this a grand jury or trial jury (petit jury):
hands downs indictments based on probable cause
Grand Jury
Is this a grand jury or trial jury (petit jury):
may initiate investigations of misconduct
Grand Jury
Is this a grand jury or trial jury (petit jury):
12 members, with a unanimous vote
Trial Jury (petit jury)
Is this a grand jury or trial jury (petit jury):
usually chosen from voter registration list and driver’s license rolls, with jury of peers a considertion
Trial Jury (petit jury)
Is this a grand jury or trial jury (petit jury):
a different jury for every case
Trial Jury (petit jury)
Is this a grand jury or trial jury (petit jury):
convicts on the basis of proof of guilt beyond a reasonable doubt
Trial Jury (petit jury)
Is this a grand jury or trial jury (petit jury):
cannot initiate investigations of misconduct
Trial Jury (petit jury)
