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33 Cards in this Set

  • Front
  • Back
first appearance
informed of charges, may set bail/pretrial release
pretrial release options
1)bail
2)deposit bail
3)release on recognizance (ROR)
4)conditional release
5)third party constody
6)signature bonds
grand jury
makes sure there is enough evidence to bring a person to trial - filter out cases - 23 people
indited
a trial will happen
preliminary hearing
used instead of Grand Juries - another way to determine if there is probable cause to hold defendant for trial
arraignment
first appearance - pleas are entered:
1)guilty
2)not guilty
3)stand mute
4)nolo contendere (no contest)
plea bargaining
defendant, prosecutor, and court negotiate and agreement - reduces time for criminal case to be resolved
____% of cases are settled by plea bargaining
90
What are some problems with plea bargaining?
-to severe
-rush to plea
-efficiency
-overcharging
What are some advantages of plea bargaining?
-reduces case load
-conviction rate goes up
What are the stages of a criminal trial?
1)trial initiation
2)jury selection
3)opening statements
4)presentation of evidence
5)closing statements
6)judge's charge to the jury
7)jury deliberates
8)verdict
What is rules of evidence?
rules that govern evidence in a criminal trial
adversarial system
the two sides argue to convince judge and jury - supposibly the ture comes out
inquisatorial system
what other countries use - judge and jury ask questions
factual guilt
crime control - defendant is actually responsible for crime (hard to determine)
legal guilt
due process - procecutor presents evidence to jury that defendant is guilty
Jury has to be.....
unbiased and free of preconceived notions
voir dire
see say - jurors are questioned by each side
challenge the array
jurors don't represent the community
challenge the cause
jurors can't be fair of impartial - unlimited
peremptory challenges
removes juror for no reason - limited to 6
scientific jury selection
using social science research to select members - such as surveys
sequestered jury
jurors have no contact with the public during trial
hearsay
anything not based on the personal knowledge of a witness
direct evidence
evidence that directly proves a fact
circomstantial evidence
evidence taht requires a judge/juror to draw conclutions
real evidence
physical material
What is a problem with the jurt system?
whether a juror can accurately determine the defendants guilt or innocents
legal guilt
due process - prosecutor presents evidence to jusry that defendant is guilty
A juror has to be....
unbiased and free of preconcieved notions
voir dire
see say - jurors are questioned by both sides
challange the array
jurors don't represent the community
challange the cause
jurors can't be fair or impartial - unlimited amount