Chapter 8- The Preliminary Stages of a Criminal case Flashcards
During the 1960s, we had an _______ in crime, though in the 1980s crime _______
1) increased
2) plateaued
The different types of crime reports (UCR)
Type 1
Type 2
1) index crimes (homicide, rape, etc.)
2) theft to simple assault
Why is crime important for elected official to elaborate upon?
its a social issue my guy
T/F: High crime rates are reflected in high levels of fear of crime
T
Policing is a political issue for 2 reasons:
1) patronage
2) corruption
Political machines often hire their own police and cities. Not surprisingly, some Police Department we’re not known to be either efficient or even-handed. generations of police reform sought to make law enforcement less subject to political influence
Modernly, policing has become a political issue because of ___________
race relations & reorganization
policing used to be reactive, now modernly its trying to be proactive (driving around sketchy areas)
T/F: The majority of crimes reach the courts
False
Diversity of the Defendant
felony defendants are significantly younger, overwhelmingly male, disproportionately members of racial minorities, more likely to come from a broken home, less educated, more likely to be unemployed, and less likely to be married. That’s the typical felony defendant possesses few of the skills needed to successfully compete in an increasingly technological Society
Initial appearance
The defendant’s first encounter with the courts and the judicial process. (usually doesn’t last very long)
In ____________ only a judge of a trial court of general jurisdiction can accept a plea
serious crimes
Bail
- the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court.
- Every defendant has a right to bail
Once bail is set, the next step is……
pre-trial release
Ways to get pretrial release
- Post full amount of the bond in cash with the court.
- Defendant or friends or relatives may post a property bond
- Use a bail bondsman
- Personal recognizance
Preventative Detention
which allows judges to hold suspects without bail if they are accused of committing a dangerous or violent crime and if locking them up is deemed necessary for community safety
Property Bond
A piece of property posted as collateral; typically the equity must be at least twice the face amount of the bond.
Personal recognizance
Judges may release a defendant from jail without monetary bail if they believe the person is not likely to flee.
how the prosecutor chooses to exercise discretion determines _______________-
to a large extent which defendants are prosecuted, the types of plea bargains that are struck, and the severity of the sentence imposed on the guilty
(defendant’s prosecution/plea bargains/severity of sentence)
Prosecutors on the National Level, vs. state level
NL: U.S. Department of Justice is in charge of prosecution in the federal courts
SL: State attorneys
3 types of charging documents:
1) Complaints
2) Information
3) Indictment
Complaints [charging document]
must be supported by the oath of the victim or officer
Information [charging document]
Virtually identical in form to the complain, except that it is signed by the prosecutor. Used in non-grand jury states to initiate felony prosecutions.
Indictment [charging document]
A grand jury’s formal accusation of a criminal offense made against a person.
