exam 3 Flashcards
4 types of charging documents in order
arrest warrant
criminal complaint
indictment
information
what is an arrest warrant and who files it
Prepared by the arresting officer, Authorizes the police to take someone accused of a crime into custody using probable cause
what is a criminal complaint and who files it
List the charges and why the person committed the crime and is filed by the police officer for the preliminary hearing also must prove probable cause
what is indictment and who files it
Formal written accusation that a person has committed a crime and is filed by the grand jury, burden of proof is probable cause
what is information and who files it
Read charges at formal arraignment prepared by the prosecutor
how does the quality of the arrest by law enforcement impact that prosecution of a case
A poorly executed arrest can cause issues such as poor evidence collection or potential violation of rates which can weaken a case. This could result in dismissal or reduced charges by the prosecutor
How long after arrest does the initial parents take place, where does it take place, who is present, what happens there
48 hours, takes place in a magisterial court within the jurisdiction where arrest occurred., judge, and arresting officer are present, the accused is told the charges in advise of their rights.
Differences between a preliminary hearing and a grand jury
Preliminary hearing is a hearing used to determine whether probable cause exists and to hold the accused for further proceedings in the decision maker is the Magisterial District Judge. cases are open to the public. Grand Jury is for federal and felony cases, held in secret, issue indictment, only a prosecutor present not a defendant.
What are six factors a judicial officer should consider when setting bail
flight risk and nonappearance
risk to self and others
situational justice (characteristics)
prior criminal record
relationships
ties to community
indigent/ mentally stable
4 most common way the defendant can secure pretrial release
ROR
cash bond
property bond
bail bonds
whats ROR
Release from custody without having to post bail, judge believes you’re not a flight risk and will return, non dangerous
what is cash bond
Post either the full amount of cash to the court or percentage of it in the form of cash bond all money will be returned
what is property bond
allow a defendant to use a piece of property as collateral if they fully own it
what is bail bond
Bail Bondsmen who post the amount required and charges a fee
Explain the impact of bail on criminal defendants
Already poor in the first place, will have to sit in jail and can’t work and they can’t contact their family or an attorney
Three situations where judicial officer may deny bail
Flight risk, probation violation, severe or violent crime
Latin term for when a prosecutor dismisses charges
nolle prosequi, no prosecution
what is case attrition
Refers to cases that do not make it to trial, the prosecutor decides whether or not they’re going to go farther
Three facets of discretion
Legal judgments, policy priorities, and personal standards of justice
What are legal judgments
Used by prosecutors judges and grand jurors that began with the basic questions such as is there sufficient evidence beyond a reasonable doubt
What are policy priorities
Prosecutors devote greater resources to more serious offenses for example marijuana is everywhere and has different policies
What are personal standards of justice
Attitudes of the members of the courtroom work group about what actions should not be punished
What role did bail play in the tyranny ewing case
Bail was set without looking at the family’s money, bail percentage was too low and it is the main reason he got out and murdered her
If you were the judicial officer in that case what factors would you consider
Family money, risk to others, might flee, property and community ties, past offenses, stable employment, actions and characteristics
What is preventative detention
Zero bail or too high of bail because they’re dangerous
Who determines if probable cause exists
magisterial judge
