Criminal Process Flashcards
Branches of Government
Legislative, Executive, and Judicial
What does the Legislative Branch do?
Makes laws
Who makes up the Legislative branch?
Congress, comprised of House of Reps, and Senate
What does the Executive branch do?
Carries out laws
Who makes up the Executive branch?
President, Vice President, Cabinet, Most Federal Agencies
What does the Judicial branch do?
Evaluates laws
Who makes up the Judicial branch?
Supreme Court, and other courts
Process when you get arrested
Crime, Investigation, Arrest, Jail, First/Initial appearance, Preliminary Hearing, Arraignment, Trial, Sentencing.
What happens In the investigation phase?
Witness, victim, evidence
What happens during the jail phase?
Booking, photo, prints
What happens during the first/initial appearance?
Notified of charges, rights, (8th BAIL)
What happens at the preliminary hearing?
Probable cause? Notify of charges
What happens during the arraignment?
Official Charging, PLEA, (guilty, not guilty, nolo contendere)
What happens during the trial?
Judge trial (bench), jury trial, evidence, testimony, VERDICT
What happens during the sentencing phase?
LIFE, death, jail, community corrects
What happens during the arrest phase?
usually happens in your present or a warrant
Do jury verdicts have to be unanimous in Colorado?
All verdicts have to be unanimous in CO
What is nolocontendre?
Not contesting their guilt
What are ways of being charged with a felony?
Kidnapping, rape, burglary, arson, robbery (HANDLED BY THE DOC)
Inditment from grand jury, filing in a district court , filing county court
What does the grand jury do?
They are an investigative body
What test do we use in CO for insanity?
Mcnaughten test
Voirdire?
A preliminary exam of a witness or jury to help decide a fair and impartial jury
What is Challenge for Cause?
A challenge that aims to disqualify a potential juror for some stated reason (bias, prejudice, or prior knowledge)
What is a Peremptory Challenge?
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
Court structure? Trial, appellate, what happens in each court?
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)
What is venue?
Geographical Location
How does the trial process work? Who goes first, next and who gets the last word?
The plaintiffs attorney goes first,
What does the Judicial branch do?
Evaluates laws
What is rule 41?
A motion to suppress evidence
What is rule 21?
To change venue or judge
Contempt
Direct or indirect
What 2 types of sanctions for contempt
Punitive and remedial
