Criminal trial procedures Ch. 2 Flashcards
In criminal cases
Plaintiff
Defendant
Malefactor or convict
Define Rendition
The governor of the state return of fugitive that has fled to the state in which they are accused
Define Miranda warnings
- They have the right to remain silent
- Any statement they say may be used against them to gain conviction
- They have the right to counsel with a lawyer and have a lawyer present during questioning
- A lawyer will be provided without cost for the defendant
Statements obtained in violation of the Miranda rules are
Inadmissible (cannot be received) in court
Define personal reorganization
Personal obligation to return
Charges read and defendant can plead
Guilty-having committed the crime
Not guilty-denial of committing the crime
Nolo contendere-when permitted neither admitting or denying charges
In arraignment the plea of guilty or nolo contendere
Court sentence defendant
Define commutation of sentence
President (in federal cases) and governors (in-state cases) have the power to change sentences and make less severe
Define Bifurcated trial
Divided into 2 parts with separate hearings for different issues of lawsuit
Bifurcated trial in a criminal cases often divided
For determining guilt and sentencing
Define Severance of actions
Court separates lawsuits or prosecutions into separate independent cases