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CJ Chap 10
N/A
| Term | Definition |
|---|---|
| Pretrial Procedures | Legal and administrative actions that take place after and before trial, including grand jury indictments, preliminary hearings, bail, and plea negotiation. |
| Complaint | Sworn written statement addressed to a court or judge by the police, prosecutor or individual alleging that a person has committed an offense, requests indictment and prosecution. |
| Arraignment | Initial trial court appearance, at which the accused is read the charges, advised of his/her rights, and asked to enter a plea. |
| Bail | Monetary amount required for pretrial release, normally set by the judge at the initial appearance. Ensures the return of accused. |
| Pretrial detainees | Ppl who either are denied bail or cannot afford to post bail b4 trial and are kept in secure confinement. |
| Release on recognizance (ROR) | Pretrial release in which a defendant with ties to the community is not required to post bail but promises to appear at all proceedings. |
| Avertable recidivist | Person whose crime would've been prevented if he/she hadn't been given discretionary release and been kept behind bars. |
| Preventive detention | Statutory authorization to deny bail to a particular person who's considered dangerous or a flight risk. |
| Presentment | Report of a grand jury investigation, which usually includes a recommendation of indictment |
| Indictment | Written accusation returned by a grand jury, charging a person with a specified crime after determination of probable cause. (Fed case) |
| True bill No Bill | Action by grand jury when it votes to indict accused subject Action by grand jury when it votes not to indict accused subject. |
| Exculpatory evidence | All info that is material and favorable to the accused defendant bc it casts doubt on defendant's guilt or on the gov's evidence. |
| Preliminary hearing | Hearing b4 a magistrate to determine whether the gov has sufficient evidence to show probable cause that person committed a crime. |
| Information | Formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing (misdemeanor case) |
| Nolo contendere | A plea of "no contest"-the defendant submits to sentencing without any formal admission of guilt that could be used against him/her in a civil suit. |
| Verdict Adjudication | Finding of a jury or a judge on questions of fact at a trial Determination of guilt or innocence- judgement concerning C.C |
| Confrontation clause | Constitutional right of a criminal defendant to see and cross examine all the witnesses against him/her. |
| Hearsay Evidence | Testimony that is not firsthand but, rather, relates info told by a second party. |
| Compulsory process | Compelling the production of a witness or evidence via a subpoena. |
| Proof beyond a reasonable doubt | Standard proof needed to convict in a criminal case. Has to leave no reasonable doubt that the defendant committed the alleged crime. |
| Preponderance of the evidence | Lvl of proof in civil cases; more than half the evidence supports the allegations of one side. |
| Venire | Group called for jury duty which jury panels are selected. |
| Voir Dire | Process in which potential jury panel is questioned by the prosecution and defense to select unbiased/objective jurors. |
| Challenge for Cause | Dismissal of a jury by prosecutor or defense due to bias or prior knowledge of a case or other reasons that demonstrate inability. |
| Peremptory Challenge | Dismissal of jury by defense or prosecutor due to unexplained reasons. |
| Direct examination | Initial questioning of one's own (prosec/defense) witness during a trial. |
| Cross examination | Questioning of a prosecution witness by the defense, or of a defense witness by prosecution. |
| Directed verdict | Judge's order directing a jury to acquit a defendant bc the state hasn't proved elements of crime or established guilt according to the law. |
| Jury nullification | Jury's refusal to render a verdict according to the law and fact regardless of the evidence presented. |
| Appeal | Request for an appellate court to examine a lower court's decision in order to determine whether proper procedures were followed. |
| Writ of habeas corpus | requests that a person who detains another produce body of prisoner and give reasons for capture/detention. |
| Habeas Corpus aka "the great wit" | Legal advice used to request a judicial body review the reasons for a person's confinement and the conditions of confinement. |
| Post-Citation | -Person is instructed to contact court for preliminary appearance date or one is set by issuing officer. -At that appearance, person is informed of the offense charged, a plea is entered, and case is resolved or a date is set for further proceedings. |
| Post-Arrest | 1. A person is transported to jail and “booked” into custody 2. An initial arraignment hearing is conducted as soon as possible to determine if probable cause exists to charge criminal offense 3. Decision regarding continued detention/release is made. |
| Historical origins of bail can be traced to the English Common Law | TRUE |
| The English Common Law allowed the “shire reeve” to determine eligibility for pretrial release and the amount or form of surety that was required. | TRUE |
| Discretionary power of judges has been limited by certain laws | TRUE |
| Several guiding principles exist (for bail): | -Although not constitutionally required, it should be allowed in all but capital cases -Bond amount shouldn’t be excessive-some courts have standardized matrices or formulas -It shouldn’t be applied as a form of punishment or coercion |
| Several factors for considering bail amount: | -Nature/Severity of the offense -Nature/quality of evidence -Risk of flight to avoid prosecution -Risk of danger to specific individuals or the general community -Prior criminal record -Input provided by victims or others |
| Bond takes several forms: | -Full cash amount -Partial cash amount -Third-party surety (person hires bondsman, costs 10% of bail) -Non-cash conditional -Unsecured -Release on Personal Recognizance |
| Legislative efforts made in England/US to limit abuse: | -Statute of Westminster of 1275 -Judiciary Act of 1789 -Bail Reform Act of 1966 -Bail Reform Act of 1984 |
| U.S. Constitution prohibits “excessive” bail under the 8th amendment | “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” |
| U.S Supreme Court has decided several important cases related to bail | -Stack v Boyle -U.S. v Salerno -Jennings v Rodriguez |
| The ACLU (American Civil Liberties Union) works to reform the system of bail thru its Campaign for Smart Justice | TRUE |
| The State of New York recently abolished bail for minor offenses. | TRUE |
| Judges may release a person conditionally by setting rules | TRUE |
| Many jurisdictions are relying more heavily on comprehensive pretrial services offices to: | conduct preliminary background checks on defendant Provide assessment of risk for flight from prosecution for reoffending while on release |
| Many jurisdictions are relying more heavily on comprehensive pretrial services offices to... | Watch defendants for compliance w/ conditions of pretrial release Provide referral services to offenders w/ special needs prior to trial |
| -Preliminary hearings are open but grand jury hearings are not -Both sides get to present at a preliminary hearing, only the prosecution presents at the grand jury | TRUE TRUE |
| Many cases are disposed of at formal arraignment thru a guilty or “no contest” plea Where defendant pleads not guilty, a trial date is then set | TRUE TRUE |
| Plea Bargaining | arrangement between prosecutor, judge and defendant whereby the defendant pleads guilty to a lesser charge in exchange for a more lenient sentence |
| Plea bargaining is an “essential component” of the criminal justice system | TRUE |
| Advantages of plea bargaining include: | -Lends towards efficient operation of the judiciary -Reduces cost associated with conducting a criminal trial -Allows the prosecution to focus on more serious cases |
| Disadvantages of plea bargaining include: | -May leave victims and survivors disappointed in the system of justice -May induce the truly innocent to take the path of least resistance -May undermine public trial by jury as the standard by which guilt is to be determined. |
| Uncertainty creates anxiety. This is why speedy trials exist. Plea bargaining helps save resources and money. | TRUE TRUE |
| Removing Plea bargaining would cause shorter sentences, would violate speedy trial laws and more cases would be backed up. | TRUE |
| Given the stakes at hand in plea bargains, several legal principles apply: | Defendants are entitled to effective assistance of counsel during negotiations Plea agreements must be both informed/voluntary Promises by both the prosecution/defense must be honored D.C informs defendant of all plea offers that offer favorable terms |
| Prosecutors exercise broad discretion in the plea bargaining process... | Determine which cases to plea bargain- obtaining permission/ using established guidelines/standardized terms Internal audits maybe conducted to ensure that offers aren't somehow prejudiced Establishing parameters for how plea negotiations are conducted |
| Defense attorneys have an obligation to ensure that their clients are fully informed of all consequences arising from entering into a plea agreement. | TRUE |
| Judge should remain detached from the plea negotiations given the risk of perceived improper influence as well as to remain a neutral evaluator. | TRUE |
| Victims have a role in the plea bargaining process but only in a limited advisory role to the prosecutor and even then the state doesn’t have to abide by such wishes. | TRUE |
| Given the liberty interests at stake, a broad range of legal protections are extended to defendants during trial process, including rights to.. | An impartial judge Be competent Confront witnesses Compulsory process An impartial jury Counsel Speedy Trial Public trial Be found guilty by proof beyond a reasonable doubt |
| An impartial Judge | judges may not have an interest in the case before them |
| Competence | defendants must be mentally fit to understand the trial process |
| Confront Witnesses | witnesses must personally appear and the defendant may cross-examine.Defendants also have the right to be present during trial |
| Compulsory Process | Witnesses (and others) can be required to appear in court |
| An impartial jury | While required for crimes that pose a risk of imprisonment, many defendants opt instead for a bench trial presided over only by the judge |
| Counsel | Defendants must be provided w/ an attorney in all cases where incarceration is a possible sentence. Defendants may choose to represent themselves |
| Speedy Trial | Prosecutors must bring the case forward in a timely manner |
| Public Trial | Safeguard against secret prosecutions, the issue today is how ”public” the trial should be with regard to media access, coverage, etc |
| Be found guilty by proof beyond a reasonable doubt | places the burden of demonstrating guilt at an elevated level upon the prosecution in order to guard against wrongful convictions. |
| Batson vs. Kentucky | the dismissal of jurors without stating a valid cause for doing so—may not be used to exclude jurors based solely on their race. Violated Equal Protection Clause (14th amendment). |
| Stages of the Trial Process: | Jury Selection Opening statements Prosecution and cross-examination Defense and cross-examination Closing arguments Jury instructions Deliberations Sentencing Appeal |
| Opening Statements | Both sides provide the jury with an overview of the case, relevant facts, and the manner in which they intend to demonstrate guilt/innocence, respectively. |
| Prosecution and cross-examination | witnesses are called to testify and the defense asks questions in an effort to clarify or discredit the evidence presented |
| Defense and cross-examination | witnesses are called and the prosecution asks questions in an effort to clarify or discredit evidence presented |
| Closing Arguments | both sides present summary comments in support of their case |
| Jury instructions | Judge provides the jury with guidance on deliberations and standards for determining guilt or innocence. |
| Deliberations | Jury considers evidence and testimony to deliver a verdict |
| Sentencing | Jury and/or judge determine the appropriate sanction where there is a finding of guilt |
| Appeal | procedural questions may form the basis for review by superior courts |
| County of Riverside v. McLaughlin | Argued that Riverside did not act promptly (within 48 hours) on judicial probable cause determinations and arraignment procedures in his case and others. |
| Statute of Winchester 1285 | Reformed the system of Watch and Ward (watchmen) of the Assize of Arms of 1252, and revived the jurisdiction of the local courts |
| Bail Reform Act 1966 | Expanded rights of defendants in terms of bail and pretrial release. Bail Reform Act of 1966 set pretrial release as the default condition for individuals not involved in capital cases such as murder. |
| Bail Reform Act 1984 | updated criteria used by judges when determining a defendant's eligibility for bail and pretrial release. Rather than solely focusing on flight risk, judges must also determine risk posed by accused to the community when setting bail. |
| Stack vs. Boyle | 50k bail was set for communist petitioners for conspiring to violate the Smith Act. S.C ruled that the bail was excessive and unreasonable. |
| U.S. vs Salerno | Determined that the Bail Reform Act of 1984 was constitutional, which permitted the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially a danger to society. |
| Jennings vs. Rodriguez | a United States Supreme Court case in which the Court held that detained immigrants do not have a statutory right to periodic bond hearings. (Jennings argued that immigrants have the right) |
| Pro-se | in one's own behalf |
| What's the saying about self-representation? | "Even a lawyer who represents himself, has a fool for a client" |
| The statute of limitations: | Time between commission of offense and charges. |
| Appeals based on errors are costly, and based on procedural errors are costly with backlogs | TRUE |
| impartiality is determined by the judge, prosecution, and defense. | TRUE |
| Juries are drawn from varying sources. Voter registration, driving license rosters. | TRUE |
| Many appeal errors occur during jury selection. | TRUE |
| Prosecution/Defense must submit questions for the judge to review | TRUE |
| Judges will reject a non-unanimous decision. | TRUE |
| Indeterminate | open-ended, don't know the specific time period. Broad variation. |
| Determinate: | more specifically, you are going to prison for 10 years (specific time limit). Greater structure to limit judicial discretion. |
| Mandatory sentences (Greater structure to limit Judicial discretion) | The judge's discretion is limited, there might be some room to adjust upward or downward sentences, but there needs to be a reason. |
| Mandatory sentences | Statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses. |
Created by:
Frances2004
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