Exam 2 Flashcards
What are the events leading up to a criminal trial?
Criminal act
Steps of a criminal procedure
Crime
Arrest/ Booking
Initial appearance
Bail
Preliminary hearing
Charging
Grand jury
Arraignment
Crime
any violation of the criminal law. Article 1
Arrest:
The physical taking into custody of a suspected law violator. Police take a person into custody after probable cause and take someone in for a crime. When a reasonable person does not feel they can freely leave
To make an arrest police officers HAVE to have probable cause.
Booking - administrative record portion
Low rates of crime 20% arrested by police, majority never make it to courts.
4th and 5th amendment
Initial appearance:
The accused is told of the charges, bail is set, and a date for the preliminary hearing is set. Accused is informed of charges brought against them and their constitutional rights (attorney, silent, repeat of miranda). Attorneys will waive reading of rights to speed things up. Determines bail and the only guideline is bail cannot be excessive (up for appellate court judges to decide) or waive bail or release them if the defendant promises to appear again.
Initial appearances typically last only a minute or two. Judges handle them in rapid-fire order, making little effort to determine whether the defendant understands what is being explained.
6th amendment
Bail
a guarantee that, in return for being released from jail, the accused will return to court as needed. That promise is guaranteed by posting money or property with the court. If the defendant appears in court as required, the security is returned. If he or she fails to appear, however, the security can be forfeited. It is a way to ensure the defendant appears again otherwise bail if forfeited, way to make sure they come back. Bail is a privilege not a right it can be denied if someone may flee or a capital offense. Defendants can appeal, bail reform is big right now.
8th amendment
Preliminary hearing:
Pretrial hearing to determine if probable cause exists to hold the accused. PH are hearings that are designed to have a judge look at the evidence and make a probable cause determination that the arrest was probable. They make a simple probable cause determination: is there enough evidence for this case to advance? They do this before a case gets too far in a system. This is important because it can protect against abuses of power and make sure a prosecutor cannot destroy anyone without reason. This is where prosecution is checked. Typically quick and involved submitting affidavits, burden is only probable cause so very low.
Charging:
Formal criminal charges against defendant stating what criminal law was violated.
The Sixth Amendment requires that a defendant be given information upon which to prepare a defense. Thus, the charging document includes the name of the person charged, a brief description of how and where the offense was committed, and the statute allegedly violated.
three major types of charging documents: complaint, information, and indictment.
Grand jury:
A jury is made of 12 peers from the community and you do not need a unanimous grand jury to gain an indictment just (9/12). Further along in the process the burden for prosecution gets higher and tougher. It is typically not hard to get an incidment because there is no defense present and they are done in secret. Just determining probable cause with prosecution.
Arraignment:
The defendant is informed of the pending charges. Usually, the in an initial appearance before a judge) Could potentially enter a plea, not guilty plea or not guilty by reasons of insanity, or form of jeopardy/double jeopardy, or nolo contendere or no contest (if jurisdiction allows it) if not they typically allow an alford plea. This means the accused does not deny facts of the case but they claim they are not guilty of a crime. Technical guilty pleas have the same effect but prevent that person from being liable on the civil side, they cannot have this used against them in civil suit.
6th amendment
Necessary elements of crime
- Law: that defines wrongdoing. Act prohibited by gov spelled out so citizens know what conduct is prohibited. Law must be shown ahead of time. The law does not allow ex post facto law: laws that are passed that would criminalize behavior in the past. The Legislature cannot do this.
- Actus reus or act: material level of crime varies from one to the next,
- Mens rea: crimes with mental rea have to be spelled out before a legal system can make a distinction between crime caused by purpose or accident. Mental element must have planned to order premeditated murder. Mental element has to be established when law is passed, so that becomes a burden for prosecution to have to prove the mental element of a crime. This is challenging because it is hard to prove what someone was thinking. We can guess or make inferences, but we can’t know for sure.
- Injury or some result: Some injury or harm or wrong has to have happened. Crime must have affected society at large or another individual. Consensual crimes: gambling, prosecution, drug use, these harm society at large.
- A casual relationship between action and injury has to be a connection and casual relationship.
Possible plea bargain
each side gets something out of the deal. Prosecution gains conviction; the defendant can get reduced charges or sentencing. Typically this happens. Very prevalent in our legal system. Much more common than trial.
Legal process designed to check the government from being
abusive
When you plea bargain you give up rights to
challenge evidence against you
Prosecutorial discretion:
Prosecutors power to decide what cases and charges to pursue and determine what cases they want to allocate time and resources to and what they don’t, not prosecuting crimes with prosecutors are one of the most important gatekeepers of the legal system. They determine whether a case goes forward or not. They determine who to charge with what charge.
Defendants:
Those accused of violating the criminal law
-Defendants are a diverse lot. At one end of the spectrum are those who are arrested once and are never involved again. At the other end of the spectrum are a small group of repeat criminals who are responsible for a disproportionate share of some offenses.
Prosecution
characterized by decentralization and broad discretion. Through the years, courts have granted prosecutors wide leeway in deciding which cases to bargain out and which ones to try. From the time of the arrest to the final disposition of the case, how the prosecutor chooses to exercise discretion determines to a large extent which defendants are prosecuted, the types of plea bargains that are struck, and the severity of the sentence imposed on the guilty
Misdemeanor vs felony
Misdemeanor- punishable up to a year
Felony- one year or more
Voir Dire (jury selection)
Here two sides question jurors about themselves and specific to the case.
Who is eligible to be on a jury: randomly drawn, US citizen, 18+, resided in jurisdiction at least a year, read and understand english, no mental or physical condition needs accommodation, cannot be a felon. Average at least called once for it.It is considered a duty
Goal of jury selection: both sides try to eliminate biases to their side
Ways to eliminate jurors during Voir Dire:
Challenge for cause: try to eliminate someone for a known bias
peremptory challenges: challenges where either side can dismiss a juror for no reason
Through these two eliminations you try to get most neutral group
Three major types of charging documents:
complaint- which must be supported by oath or affirmation of either the victim or e arresting officer, are most commonly used in prosecuting misdemeanor offenses or city ordinance violations.
information: is virtually identical in form to the complaint, except that it is signed by the prosecutor. In non-grand jury states, a bill of information is used to initiate felony prosecutions;
indictment. using in grand jury states pending grand jury action.
Exclusionary rules
Criminal trial steps
- Opening statements
- Prosecution makes case
- Defense makes case
- Closing arguments
- Instructions to Jury
- Jurys decesion
- Sentencing
- Appeal? - article 1 writ of habeas corpus
5th and 6th amendment
Opening statements
attorneys lay out their case and make a summary of what the jury will see. Prosecution usually goes first, the defense is not required to do this however. Because of where the burden of proof lies (the prosecution) the defense does not have to do anything.