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Constitution & Criminal Procedure
Terms in this set (11)
What are the three types of offenses?
Petty (graffiti, stealing, traffic violations)
Misdemeanor (vandalism, prostitution)
Felony (grand theft auto, murder, treason)
Characteristics of Petty Offense
-Don't have jury trial.
-Jail time under six months don't have right to jury trial, instead court trial.
-Usually small fine and community service
Characteristics of Misdemeanor Offense
-Sentences up to a year in jail.
Characteristics of Felony Offense
-Most vicious crimes people can commit
-Punishments: Unlimited jail time, fines, death penalty
-Thus if commit, looking at serious jail time
In trial process for Criminals, what happens in the beginning?
-The police apprehends the wrong-doer.
-District attorney sees where to go next: He formulates and make charges once arrest is made.
What does the District Attorney do to decide whether to charge?
Decides two things: Can we Win? Worth the money?
1) Can we win? The prosecutor only has one shot at winning in court. If don't think they can win, they won't do it. If they think they can win, they'll consider the next thing.
2) Is the charge worth the money? Because government has limited money, they wouldn't want to waste it on petty offenses. Instead should spend it on serious offenses such as felonies as necessary for protection of public.
>>> Once decides to charge person, issues an arrest.
What happens when issues an arrest (procedural question)?
First, must show that there is probable cause that there is a likelihood that he committed the offense.
-Goes to house, and police identify themselves with a badge.
-Gives arrest warrant and the "Miranda Warrant"
Right to hold you for 72 hours without charging anything
-Can see attorney
-Obtain Writ of Habeous Corpus, which says that if you're not going to charge me, let me go.
During preliminary hearing, the court establishes whether or not there is probable cause according to the police.
-Police conducts investigation
-Attorney puts together what should be charged.
Part where defendant says guilty or not guilty.
-If say guilty, trial is over, and defendant waives right to due process of law.
-Judge asks if defendant was coerced to say this, and whether defendant understands the implications of pleading guilty.
How long can court take before you must be tried?
What are you guaranteed?
Have 12-18 months after the day of arrest before one must be tried.
Guaranteed a fair trial: Be able to call witnesses to your defense as well as challenge witnesses.
Process of Trial**
-Brings up the evidence that is gathered prior to the trial
-States the Constitutional amendments
-Meet the probable clause standard
(Search warrant must be specific in where police can search and what they could take)
Sets with similar terms
chapter 6, place and time of trial
CRJ Court Process
Other sets by this creator
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