Criminal Justice Process: Phase I and II Flashcards
Formal process of making a police record of an arrest
Booking
When a grand jury finds a crime was committed and who they believe did it should stand trial
Indicted
A plea similar to guilty, but can not be used against you in a civil trial
No Contest
When a defendant appears in court shortly after being arrested, where they are informed of the charges against them and what will happen next
Felony Arraignment
Reasonable belief
Probable Cause
A sworn statements of facts by a witness
Affidavit
A plea defendant uses when admitting a crime
Guilty
A group of 16-23 people who determine if a crime was committed and who could have committed it
Grand Jury
A judge hears the prosecutions evidence to determine if there is enough evidence to continue trial
Ptrliminary Hearing
When a defendant pleads guilty for a lesser punishment
Plea Bargain
A request for the court for more time to prepare the case for trial
For a Continuance
A request to the court to drop all charges against their client
For Dismissal
When an attorney asks the prosecution/defense to release evidence for review
For Discovery of Evidence
A request for the court to not allow evidence into the trial
To Surpress Evidence
A request to the court to chnage the county or the trial so the defendant can recieve a fair trial
For a Change of Venue
Police may search when they see something suspicious or illegal out in the open
Plain View
Police can search with permission from the individual (person or property)
Consent
When chasing a suspect the police may follow them into a dwelling and search
Hot Pursuit
Police can stop and search a person if they are suspicious
Stop and Frisk
Police may search with probably cause
Vehicle Searches
Authorities do not need probably cause - they may search belonging and people without cause - for public safety
Border and Airport Searches
Police can search within arms length of a suspect when they are arresting him/her
Within Arms Length
If there is an emergency situation the police may search
Emergency Situation
The Miranda Rights
All suspects must be informed of their right before questioning
Making a formal request to the court for the judge to consider
Pretrial Motions
The defendant is informed of the charges against them and must enter a plea at this time
Felony Arraignment
Defendant is released on promise to return for trial
Personal Recognizance
Supreme Court ruled Exclusionary Rule would apply at the state level
Mapp v. Ohio
States that any evidence obtained in an illegal search will not be admissible in court
Exclusionary Rule
Money and or conditions for release until trial
Bail
