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