exam 2 Flashcards
At what pre-trial stage(s) are defendants notified of charges along with their rights?
preliminary hearing
probable cause is established at which pre-trial stage
preliminary
How is probable cause established in judicial proceedings
DA will fill an information file to inform the evidence they have against the accused to establish probable cause.
what are grand juries?
the grand jury issued a formal criminal indictment jury empowered by law to conduct legal proceedings.
Are defense attorneys typically present at grand jury hearings? Defendants?
No, defense attorneys and defendants are not usually present.
What happens when someone is arraigned
notified of charges, can request attorney, can enter plea deal and bail may be set.
The primary purpose of the criminal trial is to:
Determine guilt or innocence beyond a reasonable doubt
The bail decision is most frequently made at what stage of the court process?
first appearance
types of bail
cash bond, ROR, property bond and bail agent
Factors considered in bail decisions? Most important factors?
Flight risk, severity of the offense, criminal history, ties to the community
Bail is given in more cases than not. Why?
To avoid jail overcrowding and uphold the presumption of innocence
2 purposes of bail?
(1) Ensure the defendant appears in court
→ (2) Protect the community (public safety
Why is bail considered a controversial practice?
It can discriminate against the poor, leading to pretrial detention for those who can’t pay, regardless of guilt or risk
What, by definition, is plea bargaining?
A negotiated agreement where the defendant pleads guilty to a lesser charge or sentence to avoid trial.
How often do cases result in a guilty plea?
About 90–95% of criminal cases.
What are benefits of plea bargaining?
Saves time and money, avoids long trials, gives defendants lighter sentences, helps court efficiency.
Why is plea bargaining considered a controversial practice?
Some believe it pressures innocent people to plead guilty and can lead to inconsistent sentences.
How are prospective jurors selected?
From voter registration or driver’s license lists, then randomly summoned
What types of challenges can attorneys use to excuse potential jurors?
Challenge for cause and peremptory challenge
Peremptory challenge
No reason needed — limited number per side
Challenge for cause:
Juror is biased — unlimited use
What is jury sequestration? Why does it happen
Jurors are isolated during a trial to avoid media influence or outside interference.
Who presents their opening statement first? Why?
The prosecution, because they have the burden of proof.
Rules of evidence – attorneys must follow these. Identify evidence types:
Direct evidence (e.g., eyewitness), circumstantial evidence, real/physical evidence, and testimonial evidence.
Judges will provide what instructions to a jury prior to deliberation?
Instructions on the law, charges, and how to evaluate evidence
The expectation for a verdict?
A unanimous decision (in most criminal cases).
What happens when the above expectation isn’t met? Then what?
A hung jury → may lead to a mistrial and possibly a retrial.
In class, we discussed 5 traditional sentencing options. Be familiar with these.
FINES
PROBATION
INTERMEDIATE
SANCTIONS
INCARCERATION
DEATH PENALTY
what is retribution
Punishment that is deserved and proportionate to the crime — “just deserts. “Lex talionis Punishment
Get tough on crime
what is deterrence
Punishment aimed at discouraging future crime
What is incapacitation? How does it differ from incarceration?
Preventing crime by removing the offender’s ability (e.g., prison, house arrest).
Selective incapacitation:
Targeting high-risk or repeat offenders
General incapacitation:
Broad use of prison to deter or prevent crime
What is rehabilitation?
Aims to reform offenders through programs (education, therapy) so they don’t reoffend.
What is restoration?
Seeks to repair the harm caused by crime, involving victims, offenders, and community.
How is it similar to restorative justice?
Restorative justice is the broader philosophy behind it, often involving things like mediation or restitution.
What is criminal law?
Defines crimes and punishments
Criminal procedure
Rules for how the criminal justice process operates (e.g., arrests, trials, rights)
Mala in se:
Inherently wrong
Mala prohibita:
Wrong because it’s prohibited
What are inchoate crimes?
Incomplete or preparatory crimes.
inchoate crimes 3 types
Attempt (trying but failing to commit a crime)
Conspiracy (agreement to commit a crime)
Solicitation (encouraging someone else to commit a crime
criminal cases
who files: Government (prosecutor)
sanctions: Jail, fines, probation, death
Beyond a reasonable doubt
Provided if unable to afford one
Civil Case
Individual or entity
Money damages, injunctions
Preponderance of the evidence
Not guaranteed; must be self-funded
What is corpus delicti
Body of the crime” — must show that a crime occurred and that someone is responsible.
Actus reus
the criminal act
Mens rea
criminal intent
Concurrence
act and intent occur together
Causation
link between act and harm
Harm
actual damage or injury
Identify and discuss 3 justification defenses to criminal liability
Self-defense
Defense of others
Necessity (e.g., breaking into a cabin to avoid freezing to death
Identify and discuss 4 excuse defenses to criminal liability
insanity
Duress (coerced into committing the crime)
Intoxication (sometimes—only if involuntary)
Age (juveniles may not be held criminally liable
Procedural defenses include search and seizure, double jeopardy, denial of a speedy trial, and prosecutorial misconduct. Be familiar with each defense:
Search and seizure: Violations of the 4th Amendment
Double jeopardy: Can’t be tried twice for the same crime
Denial of a speedy trial: Violates 6th Amendment rights
Prosecutorial misconduct: Unfair behavior (e.g., hiding evidence)
What is the exclusionary rule?
Evidence obtained illegally (violating the Constitution) cannot be used in court.
What is the fruit of the poisonous tree doctrine
Evidence that comes from an illegal search or seizure (the “poisonous tree”) is also tainted and inadmissible.
what are the 3 elements required for all search warrants?
Issued by a neutral judge or magistrate
Supported by probable cause
Contain particularity
All lawful arrests, like all search warrants, must be supported by:
Probable cause
The police, acting without a search warrant, are permitted to search a person, upon a lawful arrest, and the area under his/her immediate control. This is called
Search incident to arrest
The police can seize visible objects as evidence during a search under what authority?
Plain view doctrine
What is a stop and frisk? Is a frisk a search? Explain
A stop is a brief detention based on reasonable suspicion.
→ A frisk is a limited pat-down for weapons.
→ Yes, a frisk is considered a search under the 4th Amendment, but it’s a limited one
A police can pat down a suspicious person as long as this exists
Reasonable suspicion that the person is armed and dangerous.
Stop and frisks violate 4th amendment protections against unreasonable searches and seizures (T or F)
False — They are allowed if there is reasonable suspicion
When there is an immediate need to establish a search, such as in the case of a hot pursuit, the police can conduct a warrantless search under what authority?
Exigent circumstances
Under what premises can a police officer search your vehicle?
If there is probable cause, consent, or if it’s incident to a lawful arrest.
If evidence is illegally seized by cops, it must be subjected to:
The exclusionary rule
What, by definition, is a police interrogation?
Questioning by law enforcement aimed at getting incriminating responses
The purpose of a police interrogation:
To obtain confessions or information relevant to a case
. Interrogations can’t involve:
Coercion, threats, or physical abuse must be voluntary.
Prior to being interrogated, a person must be:
Mirandized — informed of their Miranda rights.
If the above doesn’t happen, anything the accused says must be:
Excluded from evidence — inadmissible
What are Miranda rights? Do all individuals have to be read their Miranda rights? Explain.
Rights to remain silent, to an attorney, etc, Only required if the person is in custody and being interrogated
Can someone waive their Miranda rights? If so, under what premises
Yes, if the waiver is voluntary, knowing, and intelligent.
Can use of force be justified? If so, under what circumstances?
Yes — when reasonably necessary to protect officers or others, or to effect an arrest.
What is excessive force? Can it be justified
More force than necessary.
→ No, it cannot be justified and may result in legal consequences.
What landmark US Supreme Court case established the exclusionary rule?
Weeks v. United States (1914)
What case applied the exclusionary rule to state cases
Mapp v. Ohio (1961)
What case gave police the authority to briefly stop and frisk individuals?
Terry v. Ohio (1968)
What case gave police the authority to conduct a warrantless search in a stop incident to an arrest?
Chimel v. California (1969)
The Supreme Court ruled in this case that the police can’t use deadly force against a fleeing suspect unless the officer has cause to believe the suspect poses a significant threat of death or bodily injury:
Tennessee v. Garner (1985)
In this case, the Court ruled that police officers can seize visible evidence without a search warrant:
Horton v. California (1990)
