Criminal Process Flashcards
Prosecution
government attorneys, “the people”, represent the state, present charges, evidence, and witnesses to a judge or jury to convince them “beyond a reasonable doubt”
Defense
Prove evidence does not support their claim
Bail
Ensures compliance with court appearances and court orders, usually placed on bail when larger flight risk
Arraignment
D is advised of charges against them and possible punishments, pleas entered.
Preliminary hearing
Class 3 felony, or worse to determine if enough probable cause exists to charge a person
Indictment
Grand Jury passes down judgement
How many type of plea bargains are there?
3, guilty, not guilty, no contest
Deposition
coming to agreement down from higher charge to middle ground 1st degree to 2nd g\degree for a plea
4th Amendment
Protect from search and seizure, and warrantless searches of persons, possessions and properties
Plain view
Can see through, something open, by being where permitted to be
Reasonable Suspicion
Articulable reasons a person may have committed or be involved with criminal activity
Probable Cause
Enough evidence that you can say the person probably committed the crime, has to be thoroughly detailed for warrants
What is a search/ by who?
By govt./ govt agent, where someone has reasonable expectation of Privacy
3 pronged search test
Was govt involved
Is the individuals expectation of privacy one that society is ready to recognize as reasonable
Has the individual by his conduct sought to keep something private
Seized
A reasonable person would believe he was not free to go/ has been seized within the meaning of the 4th amendment, the laying on of hands or application of physical force
Plain View
Police legitimately on the premesis, Discover evidence, fruits of instruments of crime, see contraband must be readily apparent
When do you need a warrant?
When there is a reasonable expectation of privacy and no exigent circumstances.
Exception to warrants
Plain View, no warrant if someone is screaming, consensual search,
Good faith, mistake of where and what was found but was in good faith, honest mistake.
Exclusionary Rule
Admisibility of illegally obtained evidence. Designed to deter police misconduct.
Writ of assistance
Proof of owner ship, asking for help with eviction.
5th amendment
Right to remain slient, been convicted by a grand jury, can not self incrimination,
6th amendment
Right to a lawyer, speedy trial and confront the accusing party and charges brought against you.
8th amendment
Cruel and unusual punishment, not excessive bail or fines
Seizure
Possessory interest and a search affects a privacy
No warrant unless upon probable cause