Criminal Procedure Flashcards

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1
Q

What is a Typical Criminal Procedure?

A

Crime

Investigation

Arrest

Booking

Presentment

Preliminary Hearing

Arraignment

Trial

Sentencing

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2
Q

Fill in blank

Unless directly observed by the police, the criminal justice system is not triggered by the crime, but by __________ of the crime.

A

Notification

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3
Q

Right to Counsel

A
  • an accused is entitled to a defence counsel prior to interrogation while in custody
  • Miranda warnings MUST be given if subject has been deprived of his or her freedom in any significant way whether formally arristed or not
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4
Q

What are the 12 steps in Criminal Procedure?

A
  1. Investigation
  2. Grand Jury
  3. Charging
  4. Arrest & Booking
  5. Presentment
  6. Preliminary Hearing
  7. Arraignment
  8. Pretrial Conference
  9. Pretrial Proceedings
  10. Trial
  11. Sentencing
  12. Post-Conviction Remedies
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5
Q

Investigation

A
  • 1st effort of the criminal justice system
  • this will determine if a crime has been committed, produce evidence, name any known suspect or suspects, and generate a police report
    • a suspect may be cleared at this stage
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6
Q

Pretrial Screening & Charging

A
  • when a senior police officer or assistant prosecutor decides to press charges against an accured suspect, drop the charges, or make a placement in a diversion program
  • if charges are pressed, the prosecutor will draw up a charging document
    • begins criminal procedure
    • arrest warrant or summons is issued from a court
      • accused suspect become a defendant
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7
Q

What is a Charging Document?

A

A complaint, information, or accusation

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8
Q

Define Declination

A

An act to drop the charges

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9
Q

Grand Jury

A
  • mandated in federal cases by the 5th Amendment to the U.S. Constitution
  • will precede formal charges and arrest to ensure that there is probable cause to indict the accused suspect
  • more important in the early period of the U.S. when any citizen could prosecure cases
    • screen out incompetent or malicious prosecutions
  • composed of a large group 15-24 people who hear cases over a period of 6 monts to 2 years
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10
Q

What is the key difference between a grand jury and a preliminary hearing?

A

The grand jury is a closed proceeding (in secret) without defense counsel present

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11
Q

Fill in the Blank

If the _____ _____ returns a true bill, an indictment (the charging document from a grand jury) and a writ of capias or summons will be issued to arrest the defendant.

A

Grand Jury

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12
Q

Arrest

A
  • a person that falls under police custody when apprehended, caught in the act of committing a crime, pursuant to an arrest warrant, or if a person turns themselves in
  • person will be given Miranda warnings, questioned, booked, and held in jail awaiting further proceedings
  • defandants of minor crimes will merely be summoned to court without arrest
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13
Q

Booking

A
  • a police clerical procedure that includes records entry, photography, fingerprinting, and DNA sampling
  • a search for outstanding arrest warrants will be conducted
  • all of this happens in the police station
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14
Q

Name the 4 steps to Court Appearances

A
  1. Presentment
    1. Magistrate
      1. informed of charges
      2. informed of rights
  2. Preliinary Hearing
    1. Magistrate
      1. Probable Cause
      2. Determination
  3. Arraignment
    1. Judge
      1. Pleads Guilty or Not Guilty
  4. Trial
    1. Jury
      1. Adjudication
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15
Q

Presentment

(Initial Appearance)

A
  • the defendant is brought before a magistrate where they are informed of the charges against him and advised of his constitutional rights
  • Supreme Court held that the 4th amen. requires the presentation of an arrestee before a magistrate within 48 hours of a warrantless arrest
    • most states require 48 hrs
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16
Q

Diversion

A
  • a voluntary process that can occur anythime between arrest and sentencing
    • takes the offender out of the traditional criminal justice system for rehabilitation
  • these programs are created by state legislatures that sometimes require person to admit to guilt
  • defendants typically pay for programs through fees
    • completion of program ususally have participants return to court to have charges dismissed
  • applied to substance abusers, mentally ill, veterans, domestic abuse, or other special populations
17
Q

Preliminary Hearing

(Probable Cause Hearing)

A
  • most states require this in the absence of a grand jury while others only require it in serious crimes, felonies, and sometimes request of the defendant
  • a pulic hearing in front of a magistrate to determine whether there is sufficient credible evidence to justify proceeding with a trial or not
  • if magistrate finds enough probable cause, then defendant is bound over for further proceedings
    • otherwise the charge will be dismissed
  • official accusation against defendant is formally written in an “information” after hearing
18
Q

Arraignment

A
  • the defendant’s first official appearance before the court that will try the case
    • defendant will be informed of the charges against him and gives them the chance to formally pleads guilty or not (plea colloquy)
19
Q

In an Arraignment, the court must advise the defendant of what 3 things?

A
  1. the nature of the charge
  2. the potential penalties wich might result from the plea, including any mandatory minimum sentence
  3. the defendant’s rights to not plead guilty and to request a jury trial

The court must ask the defendant if he understands each of these points and must receive a coluntary affirmative response.

20
Q

Pretrial Conference

A

Cases, which have not already been disposed of, are scheduled for a _______ ______ between the prosecution, the defense, and the magistrate to determine whether the case will proceed to trial or be resolved with a plea. This is where plea agreements (plea bargains) are negotiated.

The system depends on high amounts of plea bargins or the courts would not be able to handle the caseload.

21
Q

Other Pretial Proceedings

A

Other actions may occur prior to trial. The attorneys may file motions regarding discovery and admission or suppression of evidence at trial. Pre-trial hearings may be held on Consitutional issued (confessions, searches, identification, etc.) Preliminary issues and ground rules for trial should be resolved before trial.

22
Q

Trial

A
  • tried by either a petit jury or the judge without a jury (bench trial) for determination of guilt and sometimes sentencing
  • usually 12 random chosen people is on jury who are then screened by a voir dire process
  • judge makes rulings on issues of law; both sides pleads their case; jury deliberates in private and come to a unanimous decision and gives verdict
23
Q

Define voir dire process

A

A process in which both the prosecution and defense may remove a limited number of potential jurors through premptory challenge and others for cause

24
Q

Post-Trial Motions

A

After the verdict, if found guilty, the defendant may make motions for improper procedure or a motion n.o.v., asking the judge to rule not guilty in spite of the jury finding.

25
Q

Sentencing

A
  • happens immediately after receipt of a presentence report, or possibly after a separate sentencing hearing
  • in capital cases, a seperate penalty phase is required
  • the judge will be given a summary of findings and other information relevant to the case
  • sentences are generally at the judge’s discretion but may be limited by statutory sentencing guidelines whihc provides advisory minimum sentencing ranges for felonies
  • judge may consider alternatives
26
Q

Post-Conviction Remedies

A
  • these remedies include appeal or collateral attack via a writ of habeas corpus
    • a remedy for illegal detention
  • defendant may appeal the case to a higher court but prosecutor cannot do so after an acquittal
    • appeals are presented to panels o judges w/o juries
    • not a retried case but may send case back to court to be retried
    • publised appellate opinions are the basis of judicial precedent