Criminal Procedure Flashcards
Florida Criminal Procedure
Criminal JXD
Supreme Court:
(1) Death penalty;
(2) Writs
(3) Matters of great public importance
(4) Supervision of laws
District Court of Appeals:
(1) Final judgements from lower courts
(2) Interlocutory orders;
(3) Writs
Circuit Courts
(1) Criminal appeals
(2) Felonies & misdemeanors (+felony)
(3) Juvenile matters (~ misdemeanor traffic violations)
(4) writs
County Courts
(1) Misdemeanors
(2) Violations of municipal and county ordinances
Stages of Arrest
(1) First Appearance - w/in 24 hrs must communicate charges and rights (i.e. Maranda, communication, counsel, pre-trial release)
(2) Preliminary hearing - w/in 48 hrs determine probable cause (non-adversary)
Adversary if brought on felony charges if no charges are filed w/in 21 days.
(3) Arraignment - Charges are read & plea entered.
Indictment v. Information
Any indictment or information must be in writing and include a plain statement of facts, time/place, States name, filing date, identify Def. signed under oath by grand jury foreman or state attorney.
Indictment - All capital crimes must be prosecuted by indictment.
Information - All crimes except misdemeanors or municipal & county ordinances
Joinder of Offense
Offenses. May charge 2+ offenses in same charging order so long as based on same act, transaction, or connected act/transaction.
Defendants. Each defendant is charged with:
(1) accountability for each offense charged
(2) Same count of conspiracy and some charged w one or more offenses in furtherance of the conspiracy
(3) common scheme or plan
Jury Challenges
For Cause. No limit but court determines validity of each for cause challenge
Preemptory. No need to show cause. Limits imposed, unless good cause:
(1) 10 felonies (death or life)
(2) 6 all other felonies
(3) 3 misdemeanors
*Each def. is entitled to the number of challenges
The Florida “Criminal Punishment Code” scoresheet
Used for noncapital felonies:
(i) the primary offense + additional offenses
(ii) the victim’s injury
(iii) prior record
(iv) legal status
(v) sentence multipliers
(vi) community sanction violations.
