Terms/concepts Flashcards
Penal code (CA)
Code of laws concerning crimes and offenses which include their punishment
Judges can sentence within the penal code options
Case law
Established by outcomes of former cases
Precedent
Law created by legal court decision
Presumption of innocence
Considered innocent until proven guilty
Presumption of release
Pretrial release: defendant is released (not detained) before trial
Standard of proof
Preponderance of evidence
Clear and convincing evidence
Beyond a reasonable doubt
Adversial court
Regular court
Two sides that argue it out
Felony
More serious
Most states: something you cannot be sentenced to jail for
Sentenced to prison
Can also be sentenced to community service, fine or probation
CA: can be sentenced to jail for 1+ years (assault, burglary)
Felony probation= sentence
Misdemeanor
Lower level defenses
Up to 1 year in jail
Or community service, fine, or probation
Cannot be sentenced to prison
Wobbler
Either a misdemeanor or felony or both
Arraignment hearing
Court proceeding in which it provides accused party with the reading of the crime they are charged with
Bail/bond
Judge sets bail (on a bond schedule)
Bond schedule is different for every county which is why price varies
If you can’t afford bail, you can go to a bondsman
Sentence: Determinate
Minimum sentence and have an exact release date
Most sentences are determinate
Triad (3,5,7) —> 3 diff options of sentencing
Sentence: indeterminate
No release date
Ex: 15 yrs to life
Ex: charges of murder, strikes, etc
Strikes/enhancements
CA: 3 strikes rule
3rd strike: 25 yrs to life
Enhancements: adding time to sentence
(Gang affiliation, possession of weapon)
Collaborative courts
Not as common
Two opposing sides work as a team to decide what’s best for the individuals involved in the case
Ex: drug case
Diversion
Keeping someone out of the system or avoiding conviction
- pre arrest —> police decision
- pre plea —> prosecutor decision
Prosecutor / district attorney
Can add strikes or enhancements if applicable
Not file charges: inappropriate arrest
File charges: misdemeanor or felony
Suspect/ defendant
Suspect= person who is believed of committing a crime but has not charged
Defendant: suspect becomes a defendant once arrested and is being charged with a crime
Due process
Fair treatment through the judicial system
