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30 Cards in this Set

  • Front
  • Back
What are the goals of the criminal Process
Fairness, accuracy, efficiency, and limitations on the power of the gov. to find or use evidence
What are the 2 gov. interest in determining whether to release/detain
1. Making sure D shows up for trial (flight risk)
2. Ensuring D does not commit further crimes (harm to community)
What are the possible hardships with DF face if detained
May spend 1/2-1 year in jail, can't adequetely prepare for trial, unable to work= loss of income= family problems, No income= can't hire private atty
What are the 2 citation releases available? Give examples
1. Field release-- ex. traffic ticket
2. Stationhouse release== D is taken to jail for booking but official releases
What are 3 other types of release that don't involve posting bond
1. Own recognizance, 2. supervised release, 3. 3rd pty custody
What are the 3 types of bonds
Unsecured bond, Deposit bond, Full bond
What amendment give the right to non-excessive bail?
Does the 8th Amendment require the judge to set bail?
No. There is no const'l right to bail
8th Amendment right to non-excessive bail means that it cannot be an unduly high amount. What do you factors determine whether it is unduly high? What case does this come from?
Stack v. Boyle. 1. The nature & circustance of the OFFENSE, the weight of EVIDENCE, the FINANCIAL ability of the DF, CHARACTER of DF
What case said that the ct must anayize each individual's sitation to determine the appropriate bail amount. And bail should be no higher than what is needed to give ct assurance that DF will return?
Stack v. Boyle
What act allows a fed. ct to detain an arrestee pending trial if the Gov. demonstrates by clear and convincing evidence that no release conditions will reasonably assure the appearance of the D and the safety of any other person and the community
Bail Reform Act
What 3 instances must bail determination be made
1. Pending trial
2. Pending Sentence
3. Pending Appeal
What conditions are there for D's released on personal recognizance or unsecured appearance bond?
Person cannot commit any crime pending trial
If ct determines that release on perona recognizance or unsecured bond will not reasonably assure the appearance or will endanger the safety of the community, then what is the cts next option?
Order pretrial release subject to conidiont that D not commit further crimes and order the least restrictive conditions to assure the D won't flees or pose a danger to the community
Name 10 of the possible conditions for Release under the Bail Reform Act
S. p. 4-5 of outline
What kind of detention will ct use when someone commits a crime while on release but in another jxn, or when someone is in the U.S. ilegally?
Temporary detention
How long may someone be temporarily detatined
Up to 10 days
If after a detention hearing the ct finds that he cannot assure the _____ and future ______ in trial, the officer shall order _______
1. Safety
2. Attendence
3. Detention
If DF has an (f)(1) or equivalent in his prior history, the curent offense was commited while D was on release, and the prior conviction was fiv years or less from this offense-- then there is a ______ ______ that no _____ or combination of ______ will reasonably assure the safety of the community
rebuttable presumption; condition; conditions;
T/F- You can always have a hearing but you shall have one if an f(1) is involved
What are the 4 f(1) crimes
1. Crime of violence
2. Offense for which the max. sentence is life/death
3. Offense for which the max sentence is 10 + for Controlled Substance
4. Any felony if the person has been convicted for 2+ of the above crimes (fed and state)
1. Can an f(1) crime of violence include robbing a bank w/ out of weapon? Why or why not
Yes- b/c Crime of Violence includes a felony that involves a substantial risk that phsyical force may be used
Besides (f)1 crimes, when else can there be a detention hearing?
When there is a serious risk person will flea or when the person might obstruct justice (such as threaten witness)
If someone jay walks-- but has two prior convictions both involving crimes of violence--- do they have to have a detention hearing
Yes- b/c they had 2 prior convitions of f1s---the mere fact he was arrested again (regardless if it an f1--makes it an f1.
If the gov. want Df detained on basis of flight risk-- he must prove that D is a flight risk by ____________
preponderance of evidence
If gov. wants D detained based on danger to the community, he must prove this by _______________
clear and convincing evidence
What is the motion-- requesting the magistrate to revoke/amend the order of the condition for release
Motion for Reconsideration
After sentencing but b4 an appeal-- on what conditions will judge not detain D
person not likely to flee or pose danger AND either sentence does not include imprisonment or sentence likely to be reversed--
T/F If there is a material witness that you cannot procure his appearance by subpoena, you can detain him/her
According to Salerno-- the Bail Reform Act does not violate the DPC by allowing DF to be detained based on danger to the communtity b/c preventing danger to the community is a legitmate regulary goal..and not punishment. Give a hypo that would sum up Marshall's dissent
A client is incarcerated for four months and then is convicted. He gets credit for the time served-- so in essence, the four months were part of punishment-- not regulatory.