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Crim Law 13

QuestionAnswer
Retribution Punishment given as a kind of revenge for wrong doing
An initial appearance is before who? Judge
Mapp v. Ohio Trial dealing with search and seizure precedents.
In a trial, who must prove a crime was committed? Prosecutor
Not present at a grand jury defense
purpose of a grand jury To determine whether there is enough evidence to require the defendant to stand trial
Pretrial motion A document by which a party asks the judge to make a decision or take some action before the trial begins
Booking Formal process of making an arrest-These happen during booking: Fingerprinting, Photographing, Blood or urine test
Change of venue Change the location of the trial to a different city
Bail Money paid to court before released from jail as promise to appear-must be cash
Nolo contendre Defendants plea that does not admit guilt, but does not contest the charges-advantage:Pleas cannot be used as evidence in future civil trail for damages using same facts
arraignment Court session at which a defendant is charged and enters a plea
Subpoena Court order requiring witness to appear in court
Indictment Means there is enough evidence to try defendant, created by decision of grand jury
5th Amendment Protections given to people accused of a crime. 1. right to a lawyer 2. Due process 3. Double Jeopardy, 4. Self-incrimination 5. Grand Jury
Pretrial Motions Motion before trial begins requesting that the court make a ruling or take action
Bail Reform Act of 1984 Person can be prevented form being released on bail if they are charged with a federal felony and are thought to be dangerous
Preliminary Hearing Determines if there is enough evidence for the case to even go to trail
Personal Recognizance Person is released from jail because they promise to return to court on their trail date
Bail Bondsman Businessman who lends money for bail at a percentage
Bail Moneys paid to court in exchange for release from jail before trial
What happens during initial appearance in felony cases? No plea is entered until case heard by Grand Jury or case reaches arraignment + judge sets bail-The fine will be over $1000 or 1 yr in jail
8th Amendment Freedom from excessive bail and cruel and unusual punishment
What happens during the initial appearance in a misdemeanor case? Plea is entered by defendant, fines of $1000 or under i yr. in jail
Plea bargaining Agreement between prosecution and defense usually to a lesser charge
Positive side of a plea bargain Saves time and money, average fees are $300 for jury, $215 for a guilty plea
Negative side of a plea bargain Dangerous criminals get off with a light sentence, Victims say their rights are overlooked
Who enters a plea to a misdemeanor case? The defendant
When is a plea entered in a felony case? During meeting of Grand Jury or Arraignment
When is a Grand Jury used? In Federal and State cases
What happens after an indictment is issued? Judge sets conditions of bail
Guilty Plea = Set a sentencing date
Innocent Plea = Set trial date
Pretrial motion for continuance Asking for more time to prepare for the case
Pretrial motion for change of venue Asking to move trial to different location to avoid hostility or make travel easier for witnesses
Pretrial motion to suppress Motion to keep the other side from using evidence that was seized illegally
What happens if a pretrial motion for discovery of evidence is made? When new evidence arises prosecution tells judge, judge tells defense, defense than has opportunity to use information to develope defense
Scottsborough Boys Nine black boys taken off freight train outside Scottsborough, Alabama because the were supposed to have raped two white women also riding the train
Who is not present at a Grand Jury? The defence
Created by: sudokken