Criminal procedure Flashcards
Preliminary hearing is for what?
Only felony cases
within 14 days of first appearance
judge determines if there is pc
Motion to Suppress
Excludes evidence statements, confessions of defendant when police violate a defendant’s constitutional rights
District court is the only one that what?
Has a jury
6 or 12
What is the purpose of going to jail?
To rehabilitate the defendant
What is the purpose and uses of a subpoena as a judicial tool?
Order for an officer to appear. Not appearing has consequences with department, and possibility of contempt of citation.
What is Voir Dire mean?
The phrase “Voir Dire” literally means, “to speak the truth.” In court, it refers to a process of determining whether a juror can serve fairly and impartially in a given case by asking the juror various questions.
Identify different types of hearings and recognize their purpose.
Arraignment
Preliminary hearing
Pre-trial hearing
Trial
Jury Trial
Motion hearing
Plea hearing
Interim hearing
Bond hearing
Does the defendant need to prove they are innocent?
No, prosecution must prove they are guilty.
What is the motion used to allege a constitutional violation in the collection of evidence?
Motion to suppress
What is the purpose of preliminary hearing?
- Show PC a felony was committed
- PC the defendant committed the felony
Describe the goal of the defense in defending the case.
During cross examination keep what in mind?
Prosecutor will ask you yes or no questions. If someone ask you something you are unsure of ask for clarification or say you can’t answer that with a yes or no.
Describe the goal of the defense in defending the case.
To create reasonable doubt that the defendant committed the crime.
In cross examinations, what is browbeating?
When a lawyer aggressively questions a witness in a way that is intended to intimidate or bully them into giving answers favorable to the lawyer’s case.
Describe the goal of the prosecutor in presenting the case.
Prove the defendant committed the crime.
