Chapter 8- exam 3

Question 1

what is an arraignment

Answer 1

first court appearance of accused person in which charges are stated and read, and the accused advised by a lawyer, pleads guilty or not guilty.

Question 2

what is a motion

Answer 2

An application to a court requesting that an order be issued to bring about a specific action.

Question 3

options at arraignment

Answer 3

ROR- release on recognizance
Bail
Jail
charges dismissed-rarely

Question 4

Preliminary Hearing:

Answer 4

-Common pleas judge
-Look at evidence, take plea, and determine bail
-Usually they are allowed to go home

Question 5

Bail

Answer 5

Bail is an amount of money specified by a judge, to be paid as a condition of pretrial release to ensure that the accused will appear in court as required.

Question 6

Types of bail…

Answer 6

Release on Recognize
Release on Nonmonetary Conditions
Release on Unsecured Bail Bond
Release on Nominal Bail
Release on a monetary Condition

Question 7

Release On Recognizance (ROR):

Answer 7

Release conditioned only upon the defendant’s written agreement to appear when required and to comply with the conditions of the bail bond

Question 8

Release on Nonmonetary Conditions:

Answer 8

Release conditioned upon the defendant’s agreement to comply with any nonmonetary conditions

Question 9

Release on Unsecured Bail Bond:

Answer 9

Release conditioned upon the defendant’s written agreement to be liable for a fixed sum of money if he or she fails to appear as required or fails to comply with the conditions of the bail bond. No money or other form of security is deposited.

Question 10

Release on Nominal Bail:

Answer 10

Release conditioned upon the defendant’s depositing a nominal amount of cash which the bail authority determines is sufficient security for the defendant’s release, such as $1.00

Question 11

Release on a Monetary Condition:

Answer 11

Release conditioned upon the defendant’s compliance with a monetary condition imposed pursuant to Rule 528. The amount of the monetary condition shall not be greater than is necessary to reasonably ensure the defendant’s appearance and compliance with the conditions of the bail bond

Question 12

8th amendment

Answer 12

against imposing excessive bail, excessive fines, or cruel and unusual punishments

Question 13

Bail depends on…

Answer 13

Offence seriousness, flight risk, prior

Question 14

Positives to Bail

Answer 14

-release from jail!
-reduces jail overcrowding
-high % return for their hearing
-most alleged offenders do not commit new crimes while on bail awaiting trial

Question 15

Negatives to Bail

Answer 15

-too high… unfair to most defendants as can’t afford (pg 261 and 267)
-Judges set bail arbitrarily…usually based on crime alleged and priors
-racial/ethnic disparities
-a small % of released felony offenders commit additional crimes (16% re-arrested before their hearing)… acceptable?

Question 16

Bail Reform

Answer 16

-police issue a “citation/summons” to appear on a specific date/time…
-Release on Recognizance/ROR…
-10% cash…
-bail funds…
-standardized guidelines w/an objective risk assessment is best

Question 17

Pre-trail incarceration Criteria

Answer 17

Serious offense
flight risk
brought back/bail gets increased

Question 18

Schall vs Martin (1984)

Answer 18

-allows pre-trial detention for juveniles
-allows kids to be held in detention

Question 19

what percentage of trials go to court?

Answer 19

9%

Question 20

types of trials

Answer 20

Bench-Judge determines guilt or innocence
jury- group of regular citizens determine innocence

Question 21

8 steps to jury trial

Answer 21

Jury Selection
Opening Statement
Prosecutor Presents
Defense Presents…
Rebuttal Witnesses…
Closing Arguments…
Judges Instructions to Jury (if applicable)…
Jury’s Decision…

Question 22

Jury Selection

Answer 22

-also called voir dire
-attorneys can dismiss jurors for… challenge for cause and peremptory challenge

Question 23

Opening Statement

Answer 23

 Last about 15 min- 60 min
 Summary of the case

Question 24

Prosecutor Presents

Answer 24

-real evidence = weapon, fingerprints, DNA, etc
-direct evidence = ex = eye witness, video
-circumstantial = one must deduce the “truth”
-testimony = people on stand (always police officer)
-know that defense counsel/public defender gets to “cross-examine”

Question 25

Defense Presents…

Answer 25

-real evidence = weapon, fingerprints, DNA, etc
-direct evidence = ex = eye witness, video
-circumstantial = one must deduce the “truth”
-testimony = people on stand (always police officer)
-know that defense counsel/public defender gets to “cross-examine”

Question 26

Rebuttal Witnesses…

Answer 26

both sides get to cross-examine

Question 27

Closing Arguments…

Answer 27

ending summary of the whole case but in great detail

Question 28

Judges Instructions to Jury (if applicable)…

Answer 28

find their verdict and tell the rest of the court

Question 29

Jury’s Decision…

Answer 29

 hung jury is when the jury is unable to make a decision
 If guilty, judge sentences at a different trial late

Question 30

Appeals

Answer 30

-When the defendant is found guilty but they feel their was an error in the process
-Must appeal a specific part in the trial not the guilt verdict.
-Asking higher court to take a second look at the case

Question 31

What percentage of appeals are heard?

Answer 31

1%