Crim Law 13
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| Retribution | Punishment given as a kind of revenge for wrong doing
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| An initial appearance is before who? | Judge
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| Mapp v. Ohio | Trial dealing with search and seizure precedents.
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| In a trial, who must prove a crime was committed? | Prosecutor
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| Not present at a grand jury | defense
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| purpose of a grand jury | To determine whether there is enough evidence to require the defendant to stand trial
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| Pretrial motion | A document by which a party asks the judge to make a decision or take some action before the trial begins
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| Booking | Formal process of making an arrest-These happen during booking: Fingerprinting, Photographing, Blood or urine test
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| Change of venue | Change the location of the trial to a different city
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| Bail | Money paid to court before released from jail as promise to appear-must be cash
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| 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
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| arraignment | Court session at which a defendant is charged and enters a plea
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| Subpoena | Court order requiring witness to appear in court
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| Indictment | Means there is enough evidence to try defendant, created by decision of grand jury
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| 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
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| Pretrial Motions | Motion before trial begins requesting that the court make a ruling or take action
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| 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
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| Preliminary Hearing | Determines if there is enough evidence for the case to even go to trail
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| Personal Recognizance | Person is released from jail because they promise to return to court on their trail date
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| Bail Bondsman | Businessman who lends money for bail at a percentage
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| Bail | Moneys paid to court in exchange for release from jail before trial
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| 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
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| 8th Amendment | Freedom from excessive bail and cruel and unusual punishment
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| What happens during the initial appearance in a misdemeanor case? | Plea is entered by defendant, fines of $1000 or under i yr. in jail
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| Plea bargaining | Agreement between prosecution and defense usually to a lesser charge
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| Positive side of a plea bargain | Saves time and money, average fees are $300 for jury, $215 for a guilty plea
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| Negative side of a plea bargain | Dangerous criminals get off with a light sentence, Victims say their rights are overlooked
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| Who enters a plea to a misdemeanor case? | The defendant
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| When is a plea entered in a felony case? | During meeting of Grand Jury or Arraignment
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| When is a Grand Jury used? | In Federal and State cases
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| What happens after an indictment is issued? | Judge sets conditions of bail
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| Guilty Plea = | Set a sentencing date
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| Innocent Plea = | Set trial date
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| Pretrial motion for continuance | Asking for more time to prepare for the case
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| Pretrial motion for change of venue | Asking to move trial to different location to avoid hostility or make travel easier for witnesses
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| Pretrial motion to suppress | Motion to keep the other side from using evidence that was seized illegally
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| 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
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| 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
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| Who is not present at a Grand Jury? | The defence
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