Key Points of a Criminal Procedure Flashcards
An arrestee must be brought before a Magistrate _________
“without unnecessary delay”
What is the purpose of a prelimiary hearing?
To determine probably cause
What happens if a defendant waives their right to a preliminary hearing?
The case goes directly to the Grand Jury
A body of citizens empowered and authorized to hear criminal matters and can return indictments
Grand Jury
An ordinary jury of 12 citizens who are fact finders in criminal trials
Petit Jury
The accusatory documents used to bring the charge are _______ or _______.
an indictment or information
The ____________ is issued by the Grand Jury
indictment
The _________ is signed and issued by the prosecuting attorney
information
When can bail be refused?
1) If defendant is a danger to the community
2) If no amount will ensure the defendant will appear for later proceedings
How may a defendant plead?
1) Not guilty
2) Guilty
3) Nolo Contendre
Nolo Contendre means
No contest
The right to a trial by jury may be _____
waived
In a criminal trial, guilty must be proven:
beyond a reasonable doubt
In a civil action, guilt must be that of:
a preponderance of evidence
The release of a convicted person, under certain conditions, for a specified period of time
Probation
