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.
Prosecutor’s power
& who might they decide to share their power with??
controlling the doors of the courthouse… decides whether the charges should be filed
Police
Preliminary Hearing
Represents the first time a criminal case is reviewed by someone other than a law enforcement official.
A preliminary hearing is conducted by the _________ and decides whether there is __________ to hold the defendant.. this is also called ___________
1) lower-courts
2) sufficient evidence/rationale
3) Probable cause
2 functions of the Grand Jury
(1) they serve as investigatory bodies
(2) they act as a buffer between the state and citizens, preserving government from using the criminal process against it mother fucking enemies
T/F: Provisions for the grand jury are found within the 5th amendment to the constitution
true
Exclusionary Rules:
prosecutors cannot use illegally obtained evidence during trial
How do you legally obtain evidence for a case?
5
1) permission from a judge for a search warrant
2) No coercion
3) Clearly accounting/ chain of custody
4) Clear and informative acknowledgement of the process
5) Discovery
What is the one exception to no coercion?
Exception: warrant + search: plain sight of illegal activity or dangerous
What does it mean for someone to have clear acknowledgement of their rights?
Miranda rights (what you say can and will be used against you in the court of law)…established in the 1960s
True/No True Bill
Bill of indictment by a grand jury-TB
The decision of a grand jury not to indict a person for a crime.- NTB
Main Types of Exclusions (mostly at the pretrial stage)
1) confessions
2) suspect identification
3) searches
nolle prosequi
Ending of a criminal case because the prosecutor descides or agrees to stop prosecuting. When this happens, the case is “nollied”, “nolled”, or “nol. prossed”.
Problems with suspect identification?
Having the attorney there to ID everything-this is b/c police lineups are unreliable
Time is of the essence
Mapp vs. Ohio
apply searches to the state court
(gotta have the warrant)
Institutions of Law:
which 2 actors have changed the laws in the Criminal Justice system: _____& __________
- Congress
2. Legislature
Institutions of Law:
which 2 actors have have made new rules or processes:__________&__________
(EB)
- Executives
2. Bureaucrats
Court rely on the _________
precedent court decisions
Who are the interpreters of the criminal law? (6)
Police and Law enforcement (decentralized)
Judges + Magistrates
District and Defense Attorneys
What does decentralization allow law enforcement to do/be?
One pro of decentralization that we addressed in class?
- allows them to be connected to their communities
- jurisdiction + hierarchy
- Patronage: giving jobs to those who are loyal (corruption?)
Pro: if something bad happens, who should investigate? (allows for accountability)
How are judges and magistrates interpreters?
Decides what goes further in the criminal process
In initial appearance, they set bail
certify plea at the arraignment
District Attorneys (2)
elected/prosecutor for government in criminal cases
enforce social contract
Defense Attorneys different types??
(or groups that take on their position)
(5)
public defense Legal Aid Pro-bono Assigned Council Private Attorney
Public defense
what we provide to the people
for indigents: people who cannot afford the court
have really high caseloads, can affect the quality of the lawyer
The longer you are in a case, ____________
the more likely you will be found guilty
Problem w/ Public Defense Attorneys?
We are given, by the constitution, the right to due process though the lawyers suck
Legal Aid
help with non-criminal defendants
the overflow of cases allows for legal aid to come in
Pro-bono
private attorneys take the case “for free” to keep their license
Assigned Council
- have no typical rate
- want to create their own law firm
- paid case by case
The exclusionary rule was a revolutionary creation in the ____________
1960s
(Legally Obtained Evidence)
What is an unique characteristic of discovering evidence?
doesn’t have no be super specific
end the evidence must be told to the attorney of defendant
Outline of the process:
- Crime
- Arrest
- Initial Appearance (bail)
- Preliminary Hearing
- Charging + grand jury
- Arraignment
Arraignment:
Stage of the criminal process in which the defendant is formally informed of the charges and is allowed to enter a plea”
Difference between a felony and a misdemeanor
F: all about the seriousness of a crime (violent or high level of damage to the plaintiff), usually charged by the state government
M: low-cost & smaller crimes
