Law Ch17 Flashcards
What is Fair Notice?
The requirement that the government provides adequate notice to a person before depriving them of life, liberty, or property.
What are Petty Offenses?
Minor crimes for which fines or short jail terms are the only prescribed modes of punishment.
What is an Initial Appearance?
The first appearance of the accused before a judge or magistrate after arrest.
What is a Preliminary Hearing?
A hearing held to determine whether there is sufficient evidence to hold an accused for trial.
What is a Grand Jury Proceeding?
A group of citizens designated by law to investigate or determine if there is sufficient evidence to prosecute someone for a crime.
What is Arraignment?
An appearance before a court of law for the purposes of pleading to a criminal charge.
What is the Right to Counsel?
The right to retain an attorney to represent oneself in court, or the right of an indigent person to have an attorney provided at public expense.
Who is considered Indigent?
Someone who is poor or unable to afford legal representation.
What is a Public Defender?
An attorney responsible for defending indigent persons charged with crimes.
What is Bail?
The conditional release of a person charged with a crime.
What is Self-Representation?
The act of representing oneself in a criminal case, also known as Pro Se Defense.
What is a Summons?
A court order requiring a person to appear in court to answer a criminal charge.
What is Pretrial Release?
Release of a defendant on bail or personal recognizance pending adjudication of criminal charges.
What does Release on Personal Recognizance mean?
Pretrial release of a defendant based solely on the defendant’s promise to appear for future court dates.
What is a Surety Bond?
A sum of money or property posted or guaranteed by a party, usually an insurer, to ensure the future court appearance of another person.
What is a Skip Tracer?
A person who tracks down alleged offenders who have fled to avoid prosecution, often referred to as a Bounty Hunter.
What is Excessive Bail?
When a court requires a defendant to post an unreasonably large amount or imposes unreasonable conditions for release before trial.
Which amendment prohibits excessive bail?
The Eighth Amendment to the United States Constitution.
What is Pretrial Detention?
The act of holding a defendant in jail pending trial.
What is Plea Bargaining?
An agreement between a defendant and a prosecutor whereby the defendant agrees to plead guilty in exchange for some concession.
What is Selective Prosecution?
The act of singling out defendants for prosecution on the basis of race, religion, or other impermissible classification.
What is Prosecutorial Immunity?
A prosecutor’s legal shield against civil suits stemming from his or her official actions.
What is an Information?
A document filed by a prosecutor under oath charging one or more persons with the commission of a crime.
What is an Indictment?
A formal document handed down by a grand jury accusing one or more persons of the commission of a crime or crimes.
