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30 Cards in this Set
- Front
- Back
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What were the three early forms of punishment?
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1. corporeal
2. capital 3. banishment |
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The victim of a crime is called a...
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complaintant
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What is nol pros
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the legal term for when the prosecution dismisses the charges
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what is an acquittal
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finding of not guilty
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What is the initial charging document?
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Complaint
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What is an arrest?
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takings omeone into custody for the purpose of being charged for a crime.
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What if the defendant doesn't show up to the preliminary arraingment?
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they post a BENCH WARRANT
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What if you can't pay the bail?
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You sit in jail. call a family member. bail bondsmen. 10% rule.
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what if you can't make bail but you have a medical condition and you can't stay in prision?
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House arrest
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What if the defendant can afford the bail but can't afford to hire a lawyer? how does the lawyer get paid?
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The defendant has to agree to ASSAIGN the interest in the 10% bail to the lawyer. After case is over the lawyer will take the bailer receipt and the assignment to the court house and that'sh ow the lawyer gets paid.
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what burden of proof is required at the preliminary hearing?
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prima facia
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What is Brady material?
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The prosecution is obligated to turn this over at all times. It's a type of material, exculpatory evidence. Evidence that would tend to exculpate eveidence that is favorable to the defense. If they ahve this material they ahve to turn it over ot the defense.
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Does the defense have to turn over material to the prosecution if it proves that the defendant did the crime?
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No!
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What are two times in which the defense is obligated to turn over certain types of discovery/information to prosecution for certain defense?
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1. Insanity defense
2. Alibis |
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Can the prosecution rearrest the defendant if the case is dismissed in the preliminary hearing?
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yes! And they are not violating the double jeopardy because it hasn't gone to trial yet and double jeopardy only applies during trial.
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what if a prima facia has been made out in the preliminary hearing but the defense disagrees?
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They make a motion to QUASH!
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Can you try a defendant in a preliminary hearing if they aren't present?
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No! The defendant has to be present
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What is the formal charging document in a grand jury trial?
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Bill of Indictment. It supercedes the complaint.
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What is a bill of indictment
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the formal charging document of the indicting grand jury. It formally charges the defendant with teh crime.
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What is a bill of information?
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the formal charging document issued by the prosecution which formally charges the defendant.
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what is the only exception to the expungment rule of pre-trial diversionary programs?
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DUI. If you are put in an ARD program and you successfully complete it and charges are dropped and the record is expunged. If you are arrested AGAIN for drunk driving, and you are convicted, you will be sentenced as a SECOND TIME OFFENDER.
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What's another term for a plea bargin?
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negotiated guilty plea
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What is an open guilty plea?
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Throwing yourself at the mercy of the court and hope the court will recognize the repentant nature.
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What is Alford?
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when a defendant pleads guilty but doesn't admit guilt and can deny guilt. The defendant maintains his innocence.
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How do you withdraw a guilty appeal?
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1. voluntariness of plea. did the defendant understand the ramnifications of a guilty plea?
2. jurisdiction of court. 3. legality of sentence 4. competence of counsel |
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What is rebuttal evidence?
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if both sides call witnesses and it ctradicts.
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What are the two factors in the Sentencing Guideline/Table that are looked at?
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OGS- offensive gravity score
PRS- prior record score |
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What is an investigative grand jury?
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every jurisdiction has one. the investigative team of police and DA trying to find witnesses.
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what are some incentives that are given to the witness to get them to talk?
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granted immunity
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What kind of immunity is granted to witnesses who come forth?
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1. transactual- immune now and forever
2. use immunity- prevents the prosecution form using anything the witness says in front of the grand jury and any lead dervied there from. |
