Criminal Process Flashcards

1
Q

Branches of Government

A

Legislative, Executive, and Judicial

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2
Q

What does the Legislative Branch do?

A

Makes laws

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3
Q

Who makes up the Legislative branch?

A

Congress, comprised of House of Reps, and Senate

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4
Q

What does the Executive branch do?

A

Carries out laws

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5
Q

Who makes up the Executive branch?

A

President, Vice President, Cabinet, Most Federal Agencies

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6
Q

What does the Judicial branch do?

A

Evaluates laws

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7
Q

Who makes up the Judicial branch?

A

Supreme Court, and other courts

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8
Q

Process when you get arrested

A

Crime, Investigation, Arrest, Jail, First/Initial appearance, Preliminary Hearing, Arraignment, Trial, Sentencing.

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9
Q

What happens In the investigation phase?

A

Witness, victim, evidence

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10
Q

What happens during the jail phase?

A

Booking, photo, prints

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11
Q

What happens during the first/initial appearance?

A

Notified of charges, rights, (8th BAIL)

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12
Q

What happens at the preliminary hearing?

A

Probable cause? Notify of charges

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13
Q

What happens during the arraignment?

A

Official Charging, PLEA, (guilty, not guilty, nolo contendere)

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14
Q

What happens during the trial?

A

Judge trial (bench), jury trial, evidence, testimony, VERDICT

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15
Q

What happens during the sentencing phase?

A

LIFE, death, jail, community corrects

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16
Q

What happens during the arrest phase?

A

usually happens in your present or a warrant

17
Q

Do jury verdicts have to be unanimous in Colorado?

A

All verdicts have to be unanimous in CO

18
Q

What is nolocontendre?

A

Not contesting their guilt

19
Q

What are ways of being charged with a felony?

A

Kidnapping, rape, burglary, arson, robbery (HANDLED BY THE DOC)
Inditment from grand jury, filing in a district court , filing county court

20
Q

What does the grand jury do?

A

They are an investigative body

21
Q

What test do we use in CO for insanity?

A

Mcnaughten test

22
Q

Voirdire?

A

A preliminary exam of a witness or jury to help decide a fair and impartial jury

23
Q

What is Challenge for Cause?

A

A challenge that aims to disqualify a potential juror for some stated reason (bias, prejudice, or prior knowledge)

24
Q

What is a Peremptory Challenge?

A

The defendant’s or prosecutor’s objection for a proposed juror, made without needing to give a reason, just as long as its not for race.
Each side has up to 20, depending by the judge

25
Q

Court structure? Trial, appellate, what happens in each court?

A

Municipal (Trials, Limited Jurisdiction), County (Trial, limited Jurisdiction), District Trial (Trial, General Jurisdiction), Appeals (Appellate Court), Supreme (Decide if they want to hear the case or not)

26
Q

What is venue?

A

Geographical Location

27
Q

How does the trial process work? Who goes first, next and who gets the last word?

A

The plaintiffs attorney goes first,

28
Q

What does the Judicial branch do?

A

Evaluates laws

29
Q

What is rule 41?

A

A motion to suppress evidence

30
Q

What is rule 21?

A

To change venue or judge

31
Q

Contempt

A

Direct or indirect

32
Q

What 2 types of sanctions for contempt

A

Punitive and remedial