exam 2 study guide Flashcards
what is the first step of the system?
Initial appearence
What is initial appearance?
often referred to as arrangement, the defendant is read his penalties and has them explained to him
Who is the attorney general?
Jeff Sessions
What is bail?
Bail is the temporary release of the defendant under certain circumstances
What are the different types of bail?
Property bail, bail bondsmen, and cash bail.
Is everyone guaranteed bail?
No, they are only guaranteed inexcessive bail
Preliminary hearing
Grand Jury is selected and probable cause must be the minimum burden of proof to continue with the trial
Define discretion
using one’s own judgement to make decisions
what is an example of having a lot of discretion?
Stop and frisk
what is an example of police having little discretion?
Domestic violence mandatory arrest policy
how did Miranda rights begin
Miranda openly confessed to raping a girl and did not know that he had the right to refuse testimony against himself
What are the miranda rights
You have the right to remain silent. Anything said can and will be used against you in a court of law. You have the right to an attorney, and if you cannot afford one, one will be provided for you.
Warrant
A warrant is obtained by a judge with no bias in the case and can only be obtained if the officers know exactly what they are searching for.
What is the exclusionary rule?
The rule excludes evidence that is either illegally obtained or obtained without a proper warrant.
what powers do prosecutors have in the courtroom?
determine what charges to press, can suggest plea and penalties for punishments as well
how are defense attorneys provided?
70% of all defense attorneys are public defenders
What are indigent defenders?
Appointed defense attorneys to those who can’t afford their own.
Gerstein v. Pugh
the Fourth Amendment entitles a person arrested without a warrant must be charged promptly (held without being charged for anything for too long is not ok)
Riverside
How prompt is prompt?
48 hours
strickland
Sued himself for being ineffective due to lack of resources
Gideon
charged with breaking and entering with the intent to commit a misdemeanor. his defense attorney hated him and he was found guilty and was sentenced to death, but had the trail appealed because he felt he could have a better outcome with a different attorney.
