Chapter 7: Pretrial procedure & the trial process Flashcards

1
Q

*Arrest

A

taking offenders into custody

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2
Q

*Booking

A

procedure to gain information on the suspect and form a file

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3
Q

Bail Bonds

A

surety to produce those under arrest

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4
Q

Jumping Bail

A

leaving the jurisdiction to avoid prosecution

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5
Q

Bounty

A

money promised by a bondsman to locate bail jumpers

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6
Q

*Bounty Hunter

A

trackdown bail jumpers

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7
Q

Direct Examination

A

question and answer of your own witness

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8
Q

arrestees

A

person who have been arrested by police for suspicion of committing a crime

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9
Q

misdemeanor

A

crime punishable by fines and/ or imprisonment for a period of less than one year in a city or county jail

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10
Q

felony

A

crime punishable by incarceration for a period of one year or longer in a federal or state prison

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11
Q

probable cause

A

reasonable belief that a crime has been committed and a particular person committed the crime

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12
Q

reasonable suspicion

A

warranted suspicion that a person may be engaged in criminal conduct

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13
Q

*initial appearance

A

formal proceeding during which the judge advises the defendant of the charge

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14
Q

*release of their own recognizance (ROR)

A

arrangement where the defendant are able to be set free temporarily to await a later trial without having to post a bail bond

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15
Q

bail

A

surety provided by defendants or others to guarantee their subsequent appearance in court to face criminal charges

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16
Q

cash bail bond

A

situation where defendants obtain release by paying in cash the full amount

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17
Q

bail bond companies

A

any organization established for the purpose of posting bail for criminal suspects.

18
Q

*bail bondsperson/ bondsman

A

person who is in the business of posting bail for criminal suspects

19
Q

*excessive bail

A

any bail amount that exceeds the seriousness of the offense so as to be prohibited by 8th Amendment

20
Q

totality of circumstances

A

applied to bail decision making where the entire set of circumstances is considered for persons considered bail-eligible

21
Q

Bail Reform Act

A

assured that bail practices would be revised to ensure that all persons, regardless of financial status, shall not needlessly be detained to answer criminal charges

22
Q

*Bail Reform Act 1984

A

revision of original bail reform act, it gave judges and magistrates autonomy to decide conditions under which bail would be granted or denied.

23
Q

sexual predator laws

A

somewhat ambiguous laws enacted in various states to identify and control previously convicted sex offenders

24
Q

*Philadelphia Experiment

A

an experiment conducted concerning bail guidelines in the Philadelphia Municipal Court, led to greater equity in bail decision making for persons of different socioeconomic statuses

25
Q

*Failure to appear

A

when defendants fail to present themselves for trial or some other formal proceeding

26
Q

bail recovery agents

A

a person who has not jumped bail by fleeing the jurisdiction before trial

27
Q

*preliminary hearings/ examination

A

hearings by magistrates or other judicial officer to determine if person charged with a crime should be held for trial

28
Q

informations

A

written accusations made by public prosecutor against a person for some criminal offense without an indictment

29
Q

no bill

A

grand jury decision that there is insufficient evidence that exist to establish probable cause that the crime was committed by specific person

30
Q

*arraignment

A

official proceeding in which defendant is formally confronted by criminal charges and enters a plea, trial date is established

31
Q

not guilty

A

a defendants formal contesting of any wrongdoing in court to charges contained in a complaint

32
Q

Speedy Trial Act

A

compliance with 6th Amendment provision for a citizen to be brought to trial without undue delay

33
Q

adversarial proceedings

A

opponent- driven court litigation where one side opposes the other,

34
Q

nolo contendere

A

plea of “no contest” to charges, treated as a guilty plea

35
Q

*bench trial

A

trial by the judge (no jury)

36
Q

*Indictment

A

charges or written accusations that are found and presented by grand jury that a particular defendant probably committed a crime.

37
Q

*verdict

A

decision by judge or jury concerning the guilt or innocence of a defendant

38
Q

*grand jury

A

investigative bodies that determine probable cause regarding commission of a crime and returning formal charges against suspect.

39
Q

polling the jury

A

state their vote out loud inopen court

40
Q

Expert Witnesses

A

scientifically interpret evidence, may give an opinion based on their expertise

41
Q

Eye Witnesses

A

Testify as to first hand knowledge of events that are based on the five senses

42
Q

alternate jurors

A

may be used in case one of the jurors becomes ill