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Intro To Criminal Justice, Chapter 10 pages 308-323 Review
Terms in this set (28)
The first formal point of contact between courts and the accused; when a suspect is taken into custody by law enforcement officers under suspicion that he/she violated a local, state, or federal law. A formal description of the events and possible charges against the suspect are recorded; fingerprints and a mugshot are taken, and other.
States prosecutor (often the district attorney) decides what charges, if any, should be formally brought against the suspects. Depends mainly on the seriousness of the crime as well as the quality and quantity of the evidence.
initial appearance (initial hearing)
Usually held shortly after a defendants arrest, is often held in a lower court or even a magistrate's court. Judge formally informs the defendant of the charges brought against him or her by the prosecutor.
The evidence that a reasonable person would believe to indicate criminal behavior
Judge determines whether probable cause exists to suggest that the suspect committed a crime in the judge's jurisdiction.
Citizens who hear evidence against a person accused of a crime and help to determine the appropriate charges that should be brought against that person. 5th amendment/probable cause
Grand Jury Makeup
odd # of people
usually 19 people
Presented by grand jury formal written accusation presented against a defendant.
"yes"-probable cause to go forward.
"no bill"-not enough evidence,
a.) If no bill happens, prosecutors have chance to present info to another jury.
Defendant brought before judge to respond to the grand jury indictment or bill of information. 1st stage of trial process. Charges brought against defendant in open court. Asks defendant what do they plea (guilty/not/no contest)
Monetary bond that is paid by a defendant after an arrest as a way to obtain release before trial. Bail is not guaranteed by constitution, but if given, bail must not be excessive.
stack v. boyle (1951)
Justices decide that bail must be set at an amount no greater than that which would ensure the defendant will show up. (character, evidence, offense, ability to pay cash bail)
Bail reform act (1966)
Members of congress supported options for non-monetary pretrial release for those arrested for criminal acts. Magistrates were required to release those accused of violating federal law without requiring any financial bond unless it was determined from the facts of a given case that additional conditions of release were necessary.
release on your own recognizance. promise the defendant would return
Bail reform act (1984)
Required that pretrial release decision also take into account the safety for the community. Also allowed judges to place dangerous federal defendants in pretrial detention without bail if they found that person of danger, or they won't return.
Concept of not letting out before trial
Fear that person will leave before trial/usually by wealth and financial status of person.
someone responsible for defendant
Yes you can walk free, but stipulations apply. i.e. drug tests, report at certain place, etc
deed to someones home/land/cars/stocks
When there is no money required upfront, if no-show, person required to pay entire bond.
96% of convictions are plea bargains/4% are convicted. A system in which the defendant gives up his/her right to a trial in exchange for a reduction in charges or the sentence imposed.
4 players in plea bargainings
the process by which an impartial jury is chosen to hear the evidence in a trial; includes the void dire process, when potential jurors are questioned.
general jury pool/possible be on jury
requests (petitions) made to a court seeking/finding decisions or order.
-motions to dismiss
-motions to suppress evidence
-motion to reduce bail
-motion to discover what evidence other side has
Usually 12/Supreme Court ruled 6 persons jury okay too.
williams v Florida (1968)
The justices declared that 12-person juries were the result of the historical accident or tradition and that smaller 6-person juries don't deprive a defendant of his/her constitutional right to trial by jury
6-person jury criticism
Easy to convince 6 instead of 12 that they are guilty/can you put together a fair group of 6 people. Easier to be for example racially fair for 12.
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