Chapter 8 notes pt. 1

Question 1

an accused’s first appearance before a judge or magistrate following arrest

Answer 1

initial appearance

Question 2

the right to remain silent is under what Amendment?

Answer 2

Fifth Amendment

Question 3

the right to be represented by counsel is under what Amendment?

Answer 3

Sixth Amendment

Question 4

During pretrail detention, what happens in misdemeanor cases?

Answer 4

A defendant may decide to plead to guilty and be sentenced during the initial appearance

Question 5

During pretrail detention, what happens during in felony cases?

Answer 5

A defendatnt isn’t permitted to make a plea at the initial appearance

Question 6

the dollar amount or conditions set by the court to ensure that an indiviual accused of a crime will appear for further criminal proceedings

Answer 6

bail

Question 7

in theory what does bail ensure?

Answer 7

Ensures that the defendant will not glee the jurisdiction of the court before her or his trial

Question 8

bail is provided for under what Amendment?

Answer 8

8th Amendment

Question 9

true or false: the amount of bail must be within the defendants ability to pay

Answer 9

false;it does not have to be within the defendant’s abilty to pay

Question 10

______ ________, or general guidelines concerning the proper amount of bail.

Answer 10

bail tariffs

Question 11

bail tariffs, or _________ __________ concerning the proper amount of bail.

Answer 11

general guidelines

Question 12

what are bail tariffs (or general guidelines) concerned about?

Answer 12

The proper amount of bail

Question 13

setting bail ,for misdemeanors, the police usually follow a preapprived bail ___________ created by ______ ________ authorities.

Answer 13

schedule

local judicial

Question 14

setting bail, for felony cases, the primary responsiblity to set bail lies with the ______, with the _____ _______ acting as a loose guidline.

Answer 14

judge

bail tariff

Question 15

setting bail, for felony cases, the primary responsiblity to set bail lies with the ______, with the bail tariff acting as a _______ __________.

Answer 15

judge

loose guidline

Question 16

What is the second purpose of bail?

Answer 16

To protect the community by preventing the defendant from committing another crime before trial

Question 17

the retention of an accused person in custody due to fears that she or he will commit a crime if released before trial

Answer 17

preventive detention

Question 18

What is one of the most popular alternative to bail is?

Answer 18

Release on Recognizance (ROR)

Question 19

a judge’s order that releases an accused from jail with the understnading that he or she will return for further proceedings of his or her own will

Answer 19

Release on Recognizance (ROR)

Question 20

When posting bail, when will the money returned?

Answer 20

when the suspect appears for trial

Question 21

a business person who agrees, for a fee, to pay the bail if the accussed fails to appear in court ordered

Answer 21

bail bond agent

Question 22

Depending on the amount of the bail bond, the defendant may also be required to _____ over to the bond agent ______ to certain property as ________ for the bond.

Answer 22

sign
rights
property

Question 23

During the ________ _________, a magistrate informa the defendant of the charges bought against her or him and explains her or his ________ rights.

Answer 23

initial appeatance

constitutional

Question 24

Following this proceeding, the defendant will be detained until trial unless he or she can post _______, the amount of which is determined by the ________.

Answer 24

bail

judge

Question 25

Even if the defendant can afford to pay this amount, he or she may be kept in jail until trial undr a ________ detention statute if the court decides that he or she poses a risk to the community.

Answer 25

preventive

Question 26

Identify the steps involved in the pretrail criminal process.

Answer 26

1. suspect taken into custody or arrested
2. initial appearance before a magistrate, at which time the defndant is informed of his or her constituional rights and a public defender may be appointed or private counsel may be hired by the state to represent the defendant
3. the posting of bail or release on recognizanx=ce
4. preventive detention or refular detention
5. preliminay hearing (mini-trial), at which the judge rules on whether there is probable cause and the prosecutor issues an information; or alternatively
6. grand jury hearings, after which an indictment is issued against the defendant if the grand jury finds probable cause
7. arraignment, in which the defendant is informed of the charges and must respond by pleading not guilty or guilty
8. plea bargaining