Chapter 7: Pretrial procedure & the trial process Flashcards
*Arrest
taking offenders into custody
*Booking
procedure to gain information on the suspect and form a file
Bail Bonds
surety to produce those under arrest
Jumping Bail
leaving the jurisdiction to avoid prosecution
Bounty
money promised by a bondsman to locate bail jumpers
*Bounty Hunter
trackdown bail jumpers
Direct Examination
question and answer of your own witness
arrestees
person who have been arrested by police for suspicion of committing a crime
misdemeanor
crime punishable by fines and/ or imprisonment for a period of less than one year in a city or county jail
felony
crime punishable by incarceration for a period of one year or longer in a federal or state prison
probable cause
reasonable belief that a crime has been committed and a particular person committed the crime
reasonable suspicion
warranted suspicion that a person may be engaged in criminal conduct
*initial appearance
formal proceeding during which the judge advises the defendant of the charge
*release of their own recognizance (ROR)
arrangement where the defendant are able to be set free temporarily to await a later trial without having to post a bail bond
bail
surety provided by defendants or others to guarantee their subsequent appearance in court to face criminal charges
cash bail bond
situation where defendants obtain release by paying in cash the full amount
bail bond companies
any organization established for the purpose of posting bail for criminal suspects.
*bail bondsperson/ bondsman
person who is in the business of posting bail for criminal suspects
*excessive bail
any bail amount that exceeds the seriousness of the offense so as to be prohibited by 8th Amendment
totality of circumstances
applied to bail decision making where the entire set of circumstances is considered for persons considered bail-eligible
Bail Reform Act
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
*Bail Reform Act 1984
revision of original bail reform act, it gave judges and magistrates autonomy to decide conditions under which bail would be granted or denied.
sexual predator laws
somewhat ambiguous laws enacted in various states to identify and control previously convicted sex offenders
*Philadelphia Experiment
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
*Failure to appear
when defendants fail to present themselves for trial or some other formal proceeding
bail recovery agents
a person who has not jumped bail by fleeing the jurisdiction before trial
*preliminary hearings/ examination
hearings by magistrates or other judicial officer to determine if person charged with a crime should be held for trial
informations
written accusations made by public prosecutor against a person for some criminal offense without an indictment
no bill
grand jury decision that there is insufficient evidence that exist to establish probable cause that the crime was committed by specific person
*arraignment
official proceeding in which defendant is formally confronted by criminal charges and enters a plea, trial date is established
not guilty
a defendants formal contesting of any wrongdoing in court to charges contained in a complaint
Speedy Trial Act
compliance with 6th Amendment provision for a citizen to be brought to trial without undue delay
adversarial proceedings
opponent- driven court litigation where one side opposes the other,
nolo contendere
plea of “no contest” to charges, treated as a guilty plea
*bench trial
trial by the judge (no jury)
*Indictment
charges or written accusations that are found and presented by grand jury that a particular defendant probably committed a crime.
*verdict
decision by judge or jury concerning the guilt or innocence of a defendant
*grand jury
investigative bodies that determine probable cause regarding commission of a crime and returning formal charges against suspect.
polling the jury
state their vote out loud inopen court
Expert Witnesses
scientifically interpret evidence, may give an opinion based on their expertise
Eye Witnesses
Testify as to first hand knowledge of events that are based on the five senses
alternate jurors
may be used in case one of the jurors becomes ill