exam 2 study guide

Question 1

what is the first step of the system?

Answer 1

Initial appearence

Question 2

What is initial appearance?

Answer 2

often referred to as arrangement, the defendant is read his penalties and has them explained to him

Question 3

Who is the attorney general?

Answer 3

Jeff Sessions

Question 4

What is bail?

Answer 4

Bail is the temporary release of the defendant under certain circumstances

Question 5

What are the different types of bail?

Answer 5

Property bail, bail bondsmen, and cash bail.

Question 6

Is everyone guaranteed bail?

Answer 6

No, they are only guaranteed inexcessive bail

Question 7

Preliminary hearing

Answer 7

Grand Jury is selected and probable cause must be the minimum burden of proof to continue with the trial

Question 8

Define discretion

Answer 8

using one’s own judgement to make decisions

Question 9

what is an example of having a lot of discretion?

Answer 9

Stop and frisk

Question 10

what is an example of police having little discretion?

Answer 10

Domestic violence mandatory arrest policy

Question 11

how did Miranda rights begin

Answer 11

Miranda openly confessed to raping a girl and did not know that he had the right to refuse testimony against himself

Question 12

What are the miranda rights

Answer 12

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.

Question 13

Warrant

Answer 13

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.

Question 14

What is the exclusionary rule?

Answer 14

The rule excludes evidence that is either illegally obtained or obtained without a proper warrant.

Question 15

what powers do prosecutors have in the courtroom?

Answer 15

determine what charges to press, can suggest plea and penalties for punishments as well

Question 16

how are defense attorneys provided?

Answer 16

70% of all defense attorneys are public defenders

Question 17

What are indigent defenders?

Answer 17

Appointed defense attorneys to those who can’t afford their own.

Question 18

Gerstein v. Pugh

Answer 18

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)

Question 19

Riverside

Answer 19

How prompt is prompt?

48 hours

Question 20

strickland

Answer 20

Sued himself for being ineffective due to lack of resources

Question 21

Gideon

Answer 21

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.