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
*Failure to appear
when defendants fail to present themselves for trial or some other formal proceeding
26
bail recovery agents
a person who has not jumped bail by fleeing the jurisdiction before trial
27
*preliminary hearings/ examination
hearings by magistrates or other judicial officer to determine if person charged with a crime should be held for trial
28
informations
written accusations made by public prosecutor against a person for some criminal offense without an indictment
29
no bill
grand jury decision that there is insufficient evidence that exist to establish probable cause that the crime was committed by specific person
30
*arraignment
official proceeding in which defendant is formally confronted by criminal charges and enters a plea, trial date is established
31
not guilty
a defendants formal contesting of any wrongdoing in court to charges contained in a complaint
32
Speedy Trial Act
compliance with 6th Amendment provision for a citizen to be brought to trial without undue delay
33
adversarial proceedings
opponent- driven court litigation where one side opposes the other,
34
nolo contendere
plea of "no contest" to charges, treated as a guilty plea
35
*bench trial
trial by the judge (no jury)
36
*Indictment
charges or written accusations that are found and presented by grand jury that a particular defendant probably committed a crime.
37
*verdict
decision by judge or jury concerning the guilt or innocence of a defendant
38
*grand jury
investigative bodies that determine probable cause regarding commission of a crime and returning formal charges against suspect.
39
polling the jury
state their vote out loud inopen court
40
Expert Witnesses
scientifically interpret evidence, may give an opinion based on their expertise
41
Eye Witnesses
Testify as to first hand knowledge of events that are based on the five senses
42
alternate jurors
may be used in case one of the jurors becomes ill