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Judicial Processes & Behaviors > Criminal Trial Process > Flashcards

Criminal Trial Process Flashcards

1
Q

What types of crimes have most of the felony arrests been for since 1990?

A

Non-violent crimes such as burglary or larceny

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2
Q

How do perceptions of crime impact elections?

A

Media disproportionally covers violent crime.
Belief that we must be tougher on crime

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3
Q

How has policing changed over time?

A

More regulated by civil service bureaucracy
More professionalized
More PROACTIVE

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4
Q

What are the two ways arrests can be initiated?

A
  1. Citizen makes complaint —> magistrate issues arrest
  2. Police-initiated arrests (traffic stops, 911 calls, patrols)
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5
Q

What is the relationship between police and the DA?

A

Police must follow rules for DA to fully prosecute cases

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6
Q

What is a defendant?

A

Those accused of violating criminal laws

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7
Q

Majority of defendants are repeat offenders

A

TRUE

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8
Q

What causes distrust in the criminal trial process?

A

Lack of understanding by defendant

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9
Q

What is an initial appearance?

A

24-48 hours after arrest, defendant appears in front of a judge

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10
Q

What 2 things MUST occur at an initial appearance?

A
  1. Judge advises defendant of their rights & gives notice of charges
  2. Bail conditions are set
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11
Q

What is bail?

A

Guarantee that if released while charges are pending, defendant will return to court and not reoffend

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12
Q

What happens to bail if the defendant fails to return to court or reoffends?

A

Bond may be forfeited or increased

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13
Q

What is a bail bondsman?

A

Private company that agrees to pay the rest of the defendant’s bail ONLY IF defendant/defendant’s family pays 10%

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14
Q

How do judges decide bail and bond conditions?

A

On charges and criminal record

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15
Q

Written promise

A

Small crime with no record

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16
Q

Unsecured Bond

A

Monetary amount is attached but DOES NOT need to be posted

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17
Q

Secured bond

A

Only released AFTER money is posted

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18
Q

No bond

A

No release. For very serious crimes

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19
Q

What type of bond is cash bail?

A

Secured bond

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20
Q

What is a prosecutor?

A

Represent the state and are the ones who prosecute crimes

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21
Q

What can prosecutors do with broad discretion?

A
  • can charge defendant on multiple crimes
  • can offer plea deals
  • control docket
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22
Q

Federal prosecutor

A

Department of Justice

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23
Q

Are heads of state prosecutor offices elected?

A

YES

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24
Q

What is a preliminary hearing?

A

1st time the case is heard in court. Judge determines if there is ENOUGH PROBABLE CAUSE to proceed with prosecution

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25
Q

What must prosecution show in a preliminary hearing?

A

Probable cause that a crime was committed AND that the defendant committed it

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26
Q

How do preliminary hearings differ from trials?

A
  1. No cross-examination
  2. Evidence allowed that is usually NOT ADMISSABLE
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27
Q

What are charging documents?

A

States formal criminal charge against one or more defendants

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28
Q

What are complaints?

A

Supported by oath/affirmation
Citing misdemeanor offense
Can be initiated by police or PRIVATE CITIZEN

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29
Q

What is information? (Filing charges)

A

Formal accusation charging someone with the commission of a FELONY crime
Signed by prosecutor

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30
Q

What is the role of grand juries?

A

Determine probable cause and return an indictment.
Act as check on prosecutor and the state

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31
Q

What is incorporation?

A

Applying Bill of Rights to states by SCOTUS decision

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32
Q

How many people sit on a grand jury?

A

Varies. 6-23 people

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33
Q

How are grand juries selected?

A

Randomly selected from jurisdiction jury pool. Impaneled for set term.

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34
Q

How do grand juries differ from other trials?

A
  1. Majority ruling
  2. No defendant or defense present
  3. Not public
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35
Q

What is the exclusionary rule?

A

Evidence obtained through violations of the defendant’s constitutional rights MUST be excluded from trial

36
Q

How did the Warren court expand exclusionary rule?

A

Greatly expanded criminal procedure

37
Q

What is the purpose of the exclusionary rule?

A
  1. Court of law should not condone illegal behavior
  2. Deters law enforcement from illegal activity
  3. Alternative remedies for police reform don’t work
38
Q

When was the exclusionary rule applied to states?

A

1960s

39
Q

Where does the exclusionary rule apply for the 5th amendment?

A
  1. Identification of suspects (police line ups)
  2. Confessions
    • right to remain silent must be “unambiguously” invoked
    • must explicitly and directly as for attorney
40
Q

What SCOTUS case applied the exclusionary rule to the 4th amendment for the states

A

Map v. Ohio (1961)

41
Q

What did Mapp v. Ohio do for searches and seizures in states?

A

Required warrants for searches and seizures of a person, place, or property

42
Q

What is the “fruit from the poisonous tree” rule?

A

Any evidence found with excluded evidence must be let go

43
Q

How is the exclusionary rule applied in court?

A

Motion to Suppress submitted by defendant = Suppression hearing

44
Q

What is case attrition?

A

Prosecutor screening cases initially to help filter out cases that will end in no conviction or lesser charges from the docket

45
Q

What is Noll Prosequi (Noll Pros)?

A

The prosecutor decides to/agrees to stop prosecuting a case, so the case ends

46
Q

Majority of criminal convictions are a result of plea bargaining

A

TRUE

47
Q

What is plea bargaining?

A

Process through which defendant pleads guilty for some benefit from the state

48
Q

What percentage of cases don’t get to court?

A

95%

49
Q

What is charge bargaining?

A

Defendant agrees to plea to lower charges = lower sentence due to lower min/max

50
Q

What is count bargaining?

A

Defendant pleads guilty to some but not all of the counts.
Other counts will be dismissed.
Lowers number of convictions and potential sentence

51
Q

What is sentence bargaining?

A

Defendant pleads guilty knowing what sentence will be imposed

52
Q

What factors influence whether a case goes to trial?

A
  1. Strength of prosecutor’s case
  2. Severity of conviction
53
Q

What is jury trial penalty?

A

Sentences are MUCH HIGHER at trial than in plea process

54
Q

How does going to trial impact perceived innocence?

A

Strong presumption of guilt against defendant during a criminal trial process.

55
Q

Why might an innocent person take a plea?

A
  • quicker release from custody
  • not guaranteed that trial will prove their innocence
56
Q

Why are trials costly and time consuming?

A

Rounding up witnesses, evidence, empaneling a jury, conducting the trial, sentencing

57
Q

What is mistrial?

A

Something occurs mid trial that forces the trial to be stopped and began again

58
Q

What trials have the risk of mistrial?

A

EVERY TRIAL

59
Q

What is a general plea?

A

Confession of guilt by the defendant in open court

60
Q

What is Nolo contendere/ no contest

A

Not direct admission of guilt, but submits to sentencing

61
Q

Why are no contest pleas important?

A

Defendant can be found guilty in criminal trial, but CANNOT be used against them in civil trial

62
Q

What is an Alford Plea?

A

Defendant pleads guilty but maintains their innocence

63
Q

What case gave us Alford Pleas?

A

North Carolina v. Alford (1970)

64
Q

Why are Alford pleas important?

A

Defendant can ONLY be liable in CIVIL TRIAL

65
Q

Who has the final say on a plea?

A

Judge

66
Q

What limited circumstances allows a plea to be withdrawn?

A

prosecutor promises defendant something
Defendant pleads
Prosecutor doesn’t give what is promised

67
Q

How many people annually are imprisoned in the U.S.

A

~2 million

68
Q

What must prisoners show for a successful 8th amendment claim based on prison conditions?

A

Deliberate indifference on part of guards

69
Q

Most people incarcerated WILL NOT serve the full term

A

TRUE

70
Q

What is parole?

A

Conditional release of inmate after a protium of the prison sentence has been served. Person supervised by the state.

71
Q

What is probation?

A

Punishment for a crime that allows offenders to remain OUT of prison but subject to certain conditions

72
Q

What occurs if probation is revoked?

A

The underlying sentence is activated

73
Q

What are the 2 primary areas of concern for sentencing?

A
  1. Seriousness of the offense
  2. Prior record
74
Q

What are the 3 types of sentence disparities?

A
  1. Region
  2. Judge-specific
  3. Disparities in resources
75
Q

South imposes HARSHER sentences than rest of US

A

True

76
Q

Why are sentencing guidelines important?

A

State & federal level
Provide framework when determining sentences

77
Q

Are sentencing guidelines mandatory?

A

Only in some states

78
Q

What is capital punishment?

A

Execution as punishment for a crime

79
Q

Where in Western Democracies is capital punishment ALLOWED?

A

US

80
Q

Where in the U.S. is capital punishment still ALLOWED?

A

27 states + federal government

81
Q

What occurred after Furman v. Georgia?

A

Period of 7 years where SCOTUS struck down death penalty as violation of 8th amendment

82
Q

What is the current SCOTUS ruling on the death penalty?

A

The death penalty is a violation of the 8th amendment if it is a MANDATORY SENTENCE

83
Q

What are the qualifications for a defendant to face the death penalty?

A

Over 18 and without cognitive issues

84
Q

What is a Bifurcated trial?

A

Two phased trial
1. Determination of guilt
2. Determination of whether death penalty should be applied

85
Q

Who has discretion whether the death penalty is sought or not?

A

Prosecutor

86
Q

The vote for the death penalty MUST be UNANIMOUS by the jury.

A

TRUE

Judicial Processes & Behaviors (6 decks)

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