Chapter 8 notes pt. 2 Flashcards
Once the initial appearance has been completed and ______ has been set, the prosecutor must establish _________ _________.
bail
probable cause
an initial hearring in which a magistrate decides whether there’s probable cause to believe that the defendant committed the crime with which he or she is charged
preliminary hearing
The preliminary hearing is conducted in the manner of a _____-______.
mini-trial
formal investigation by each side prior to trial
discovery
the group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged
grand jury
the formal charge against the accused issued by the prosecutor after a preliminary hearing has found probable cause
information
the federal government and about 1/3 of the states require a ______ ______ to make the decision as to whether a case should go to _____.
grand jury
trial
grand juries are __________, or created, for a period of time not usually exceeding ___ months
impaneled
3
a charge or written accusation, issued by a grand jury, that probable cause exists to believe that a named person has committed a crime
indictment
If a case is to proceed to trial, the prosecutor must establish _________ _________ that the defendant committed the crime in question.
probable cause
One way of doing this involves a __________ hearing, in which a judge or magistrate rules whether the prosecutor has met this burden.
preliminary
In the other method, the decision rests with a group of citizens called a __________ _________, who will hand down an ________ if they believe the evidence is sufficient to support the charges.
grand jury
indictment
Once the police have initially charged a __________ with committing a crime, the ___________ can prosecute the case
defendant
prosecutor
prosecutorial discretion includes the power not to __________ cases
prosecute
the process through which prosecutors, by deciding whether to prosecute each person arrested, efffect on overall reduction in the number of persons prosecuted
case attrition
nolle prosequi, latin for “_________ ___ ______”
unwilling to pursue
most prosecutors have a screening process for deciding when to _________ and when to “____”
prosecute
noll
What factors do prosecutors consider in making decisions?
- the most important factor in deciding whether to prosecute is sufficient evidence for conviction
- prosecutors also need to establish case priorities
- sometimes a case is dropped even when it involves a serious crime & a wealth of evidence exists against the suspect
-these situations usually involve
uncooperative victims - a prosecutor may be willing to drop a case or reduce the charges against a defendant who is willing to testify against other offenders
The unreliablity of a ________ can also affect prosecutorial screening decisions.
victims
On average, of sixty-five arrestees, a district attorney will prosecute only thirty-five. This process, which is known as case ________, requires that the prosecutor _________ all potential cases and dismiss the ones where the likelihood of ________ is weakest.
attrition
screen
conviction
The most important factor is this decision is whether there is sufficient _________ to find the defendant guilty.
evidence
Explain how a prosecutor screens potential cases.
- Is there sufficient evidence for conviction?
- What’s the priority of the case? The more serious the alleged crime, the higher the priority.
- Are the victims cooperative? Violence against family members often yields unvooperative, so these cases are rarely prosecuted
- Might the defendant be willing to testify against other offenders?
- Are the victims reliable?
