chapter 4,5,6 Flashcards
3 levels of interaction between police
-consensual encounters
-detention
-arrest
compelled self incrimination
-compultion to testify must be by government
-prohibited if forced person to testify against themselves
-criminal cases only
-only testimonial self incrimination is protected against compulsion
testimonial evidence
-statement made under oath
-any physical evidence is not testimonial
no testi- admissible
testi- not admissible
substantive due process
constitutionality of statues and regulations
procedural due process
process used by government
preliminary/probable cause hearing
a verified mini trial that shows probable cause a crime was committed
initial appearance- complaint
name, date of offense , proof crime was committed
grand jury
group of people who determine whether to hold the accused for trial
-no defendant in room
indictment
formal doc a prosecuting attorney will prepare for grand jury
arraignment
enter plea, give bail
no contest
not admitting guilt, avoiding guilty pleas
bail
freedom to prepare case
kinds of bail
cash, PR or ROR, bond
bail reform act
federal government can detain defendants without bail hearing if dangerous
gideon’s trumpet
-wasn’t given lawyer
-found guilty (5 years)
-reads about what rights u have in trial
-approved for re- trial
- found not guilty