Rights After arrest and before trial Flashcards
1
Q
Right to counsel (6th)
A
A person must be provided with an attorney before questioning.
2
Q
Right to remain silent (5th) Miranda rights
A
the person must definitely state they do not wish to talk.
3
Q
Writ of Habas Corpus
A
This is a court order to determine if a person is being properly detained. A person can be detained for 48 hours prior to arraignment
4
Q
Guarantee against excessive bail (8th)
A
Bail is based on the idea of innocent until proved guilty. Bail allows a person to get free until the trial. The bail must fit the crime.
5
Q
Grand Jury
A
The grand jury is a group of from 12-24 people who investigate crimes to see if there is enough evidence for a trial. The meetings are secret and the defendant or witness have no rights before the Grand Jury.
