Criminal Procedure Flashcards
What is a Typical Criminal Procedure?
Crime
Investigation
Arrest
Booking
Presentment
Preliminary Hearing
Arraignment
Trial
Sentencing
Fill in blank
Unless directly observed by the police, the criminal justice system is not triggered by the crime, but by __________ of the crime.
Notification
Right to Counsel
- 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
What are the 12 steps in Criminal Procedure?
- Investigation
- Grand Jury
- Charging
- Arrest & Booking
- Presentment
- Preliminary Hearing
- Arraignment
- Pretrial Conference
- Pretrial Proceedings
- Trial
- Sentencing
- Post-Conviction Remedies
Investigation
- 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
Pretrial Screening & Charging
- 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
What is a Charging Document?
A complaint, information, or accusation
Define Declination
An act to drop the charges
Grand Jury
- 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
What is the key difference between a grand jury and a preliminary hearing?
The grand jury is a closed proceeding (in secret) without defense counsel present
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.
Grand Jury
Arrest
- 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
Booking
- 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
Name the 4 steps to Court Appearances
- Presentment
- Magistrate
- informed of charges
- informed of rights
- Magistrate
- Preliinary Hearing
- Magistrate
- Probable Cause
- Determination
- Magistrate
- Arraignment
- Judge
- Pleads Guilty or Not Guilty
- Judge
- Trial
- Jury
- Adjudication
- Jury
Presentment
(Initial Appearance)
- 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