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37 Cards in this Set

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  • Back
Petty offences
for due process: only an oppernunity to contest the charge before a magistrate
components of the pretrial
Initial appearence before a magistrate, preliminary hearing, grand jury proceedings, and arraignment
indigent
unable to afford a lawyer. Gideon case made courts appoint lawyers if defendent is indigent
actual imprisonment standard
if a crime could have jail time a lawyer must be offered to an indigent defendant
bail
posting of a bond to secure a pretrial release.
citation
used in place of arrests for minor traffic violations
summary trial
a one stop trial without council for petty offences
excessive bail
unreasonable ammount based on the crime and defendants economic status. banned under the eighth amendment
pretrail detention
can not be for more than "a reasonable time" as determined on a state per state basis
selective prosecution
prosecutors may not single out defendants for prosecution based on race,status,religion,ect.
transactional immunity
bars any prosecution of the person for the event
use immunity
his testamony can not be used aginst him at a later date
joinder
combining defendants/charges for related crimes
severance
splitting defendants/charges for related crimes into seperate trails and cases
compulsory process
the defendants right to compel witnesses on his behalf
bench trial
misdermenors only, trial where the judge decideds on the guilt/innocence of the person and the fines/sentence
standby councel
assigned by the court to "assest" a defendant who is representing himself.
Voir Dire
jury selection process
challenges for cause
attemts to strike a juror for a legitimate reason
bifurcated trial and death qualification of a jury
selection processes used to obtain a jury that is impartial and capable of issueing a capital punishment sentence
peremptory challanges
limited number, strikes a juror for any reason except for age,race,sex
power of contempt
judge's power to hold a imprison a person for destrupting the proceeding of his court
judicial notice
court accepting facts that are commonly known
similar fact evidence
may show the possablity of a collateral crime. may be used in limited situations
real evidence
hard proof. blood, maps, photographs, ect.
testimonial evidence
sworn statments by witnesses
direct evidence
has a direct impact on the case, eyewitnesses ect.
indirect evidence
circumstantial evidence
advantages of expert witnesses
they can testify to greater degrees that lay witnesses. they can answer hypothetical questions
Frye (general acceptacne test)
was the standard for scientific evidence until 1993 when the supreme court rule that federal rule of evidence supersede frye
Daubert
the new test for scientific evidence. based on several factors
polygraph evidence
still undecided by the system as a whole wether or not to accept it as valid
DNA printing
DNA has become accepted as evidence in virtually all cases and courts
hearsay evidence
oral or written statement by a person other than the one testifying in court
best evidence
the more complete or earliest form of the evidence is what should be presented
directed judgement or judgment of acquittal
the defence makes this motion to ask the judge to decide if the evidence is capable of causing a guilty virdict.
jury nullification / jury pardon
the jury disagrees with the judge to a degree in which they can not hold a guilty virdict or the judges holding