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95 Cards in this Set
- Front
- Back
1. In big cities, how do judges appoint an indigent defendant counsel?
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through an office of public defenders
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2. In small cities, how to judges appoint counsel to an indigent defendant?
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at random
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3. What's the legal definition of a crime? (four parts)
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1) an act or admission
2) prohibited by law 3) prosecuted by the state in its own name 4) punishable by a potential term of incarceration upon finding of liability |
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98% of TRUE CRIMES are actions that "you ---- --- ------ --"
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will not engage in
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NEGATIVE CRIMES are crimes of -------- or ------- -- -- ---------
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omission
failure to do something that the law requires you to do |
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6. What are the two classifications of crimes?
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felonies and misdemeanors
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7. What are the two ways to define a felony?
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more than one year incarceration or incarceration in a state prison or penitentiary
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8. How do you define a misdemeanor
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any crime that's not a felony
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9. What are the 3 components of a JAIL?
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-two populations (convicted misdemeanors and pretrial detainees)
-established and funded by the county -elected sheriff = chief jail administrator |
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10. What are the 3 components of a PRISON?
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-convicted felons
-established and funded by the state -wardens are appointed by the institution's director |
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11. What's the definition of a capital felony?
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a felony punishable by life in prison or the death sentence
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12. What's the punishment for a 1st degree felony?
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5-99 years incarceration and/or a 10,000 fine
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13. What's the punishment for a 2nd degree felony?
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2-20 years incarceration and/or 10,000 fine
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14. What's the punishment for a 3rd degree felony?
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2-10 years incarceration and/or 10,000 fine
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15. What's the punishment for a Class A Misdemeanor?
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<12 months in jail and/or 4,000 fine
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16. What's the potential punishment for a Class B Misdemeanor?
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up to 180 days in county jail and/or up to $4,000 fine
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17. What's the punishment for a Class C Misdemeanor?
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$500 fine
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18. Does a Class C Misdemeanor have a potential for incarceration?
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no
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19. Name the 8 pre-trial procedures.
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1) Crime committed
2) complaint filed 3) arrest made 4) booking 5) initial appearance 6) preliminary hearing/examination 7) accusatory pleading 8) arraignment |
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20. Define a complaint.
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allegation of criminal activity filed before a governmental officer
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21. Who can file a complaint?
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judge
police victim witness |
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22. What's the definition of an arrest?
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an agent of the government exercises dominion or control over a person because of an alleged violation of the law predicated upon probable cause
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23. What are the types of arrests?
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with a warrant
without a warrant |
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24. What is a warrant?
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a judicial command
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25. What is an affidavit?
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a written argument for probable cause
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26. Who writes the affidavit?
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the affiant
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27. Who issues a warrant?
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judges
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28. Explain the 4 corners rule?
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affidavit must not be predicated upon oral argument--it must be written
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29. What's the problem with an arrest without a warrant?
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has not been subjected to judicial review
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30. When is an arrest without a warrant subjected to judicial review?
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preliminary hearing
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31. Who has the burden of proof when an arrest is made with a warrant?
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the defense has the burden of proof because there's a presumption of validity of probable
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32. What pre-trial procedure sets up the docket for initial appearance?
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booking
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33. When is the first of 3 times that an arrested person comes before a judge an arrest is made?
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initial appearance
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34. During the initial appearance, is criminal liability addressed?
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no
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35. What's the constitutional source for initial appearance?
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6th amendment right to be informed of nature and cause of the accusations against you
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36. What are the four items of business for the initial appearance?
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1) arrestee informed of charges
2) mirandized 3) indigency determined 4) temporary disposition |
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37. Why was Miranda v. Arizona important?
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inform the arrested of their constitutionally guaranteed rights
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38. Indigency is based on which constitutional right?
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6th amendment right to counsel
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39. What was the significance of Chandler v. Fretag?
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supreme court said defendant can hire anyone they want, so long as their representative has a license to practice
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40. What's the significance of Powell v Alabama?
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9 black males riding the rails are accused of rape, convicted without counsel. supreme court says right to counsel only applies when it's a capital felony.
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What's the significance of Betts v Brady?
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6th amendment right to counsel is not fundamental when the case deals with a non-capital felony
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What's the significance of Gideon v Wainwright?
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overturned Betts v Brady -- 6th amendment right to counsel is fundamental when dealing with a misdemeanor
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Which case determined that an indigent defendant has a fundamental right to counsel whenever he faces actual imprisonment?
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argersinger v. hamlin
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What's the significance of Scott v Illinois?
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upheld argersinger v hamlin
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Which case determined that the 6th amendment right to counsel was fundamental whenever the potential for incarceration exists?
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alabama v. shelton
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what's the rule for indigency determination?
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there is none
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What are the four ways appointments are made?
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-assigned counsel system (rotating list/at random)
-office of public defenders -contract -voluntary defender program |
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What are the 3 components of temporary disposition?
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-bail
-denial of bail -release on recognizance |
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Define bail.
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surety required by the judge to ensure arrestee's appearance at further proceedings against him or her
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What's the significance of Stack v Boyle?
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8th amendment's excessive bail means any amount that exceeds the required amount that reasonably assures arrestee's appearance at further proceedings against him
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What are the two purposes of setting conditions in addition to bail?
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1) assure arrestee's appearance at further proceedings against him
2) protect community and victim |
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Define preventive detention
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corruption of theory of bail - setting bail amount too high for arrestee to reach for the purpose of keeping arrestee off the streets
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What are the two conditions for denying bail?
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1) capital felony
2) clear and convincing evidence of arrestee's complicity in alleged capital felony |
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What's the purpose of a preliminary hearing?
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to determine probable cause of arrests made without a warrant
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Define evidence.
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means by which an alleged fact is proven or disproven
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Define proof.
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the effect that evidence has on the trier of fact
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What are the different types of evidence (4)?
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-testimonial
-physical/tangible -documentation -scientific |
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What are the 9 levels of proof?
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1. absolute certainty
2. beyond reasonable doubt 3. clear and convincing evidence 4. preponderance of evidence 5. probable cause 6. reasonable grounds 7. reasonable doubt 8. articulatable suspicion 9. no information |
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Which level of proof is necessary for the police to interfere in your life?
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articulatable suspicion
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Which level of proof do defense attorneys seek to put into the minds of jurors?
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reasonable doubt
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Which level of proof is required for the "stop and frisk"?
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reasonable grounds
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Which level of proof is required for a warrant? Which amendment provides for it?
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probable cause (4th amendment)
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If the police has enough evidence to make a constitutional arrest, do they have enough to convict in a trial?
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no
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Which 2 cases deal with PROBABLE CAUSE?
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Briniger v US
Carol v US |
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Which level of proof is required for civil litigation?
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preponderance of evidence
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At the preliminary hearing, who's really on trial?
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the arresting officer
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What are the 3 rulings of a preliminary hearing?
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-bind over as charged
-bind over on modified charges -dismissal |
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Where does the defendant get the first opportunity to exit the justice system unscathed?
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Preliminary Hearing
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At which stage does the prosecution decide whether there is sufficient evidence to convict?
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Accusatory Pleading
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Define a motion.
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a written or oral request asking the judge to take a certain course of action
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What are the 3 components of a MOTION OF DISCOVERY?
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-list of prosecution witnesses
-inventory of physical evidence -copies of documentary evidence |
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Define a motion for the BILL OF PARTICULARS.
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and updated discovery motion
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Define a CHANGE OF VENUE.
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request to have the trial moved to a different judicial district
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Define a motion for SUPPRESSION
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request that evidence be omitted because of the violated 4th amendment (search and seizure)
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Define a motion for CONTINUANCE.
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motion for postponement (stalling method) defense needs more time to prepare
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What motion comes at the end of every preliminary hearing?
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motion for dismissal
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What's a MOTION for SEVERANCE?
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break up multiple charges into multiple hearings
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What is the term for when a judge removes him/herself from proceedings (or grounds for removing the judge on questionable impartiality)?
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recusal
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What is the term for the mechanism by which a prosecution is formally commenced?
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accusatory pleading
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What are the two ways to hand down an accusatory pleading?
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-grand jury indictment
-prosecutorial information |
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What's the purpose of grand jury indictment?
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-it's the government's way of saying they have enough information to convict the defendant
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Why does the federal government use a grand jury to hand down an accusatory pleading?
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because of the 5th amendment right to grand jury
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How does the federal government hand down an accusatory pleading?
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grand jury indictment
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What are the potential outcomes of a grand jury indictment?
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-true bill of indictment
-ignoramus |
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Where's the defendant's 2nd opportunity to exit the justice system unscathed?
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accusatory pleading
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What is prosecutorial information?
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a written statement
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What was the significance of Hurtado v California?
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5th amendment right to grand jury indictment is not fundamental to the administration of justice
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What is a NOL/NULL PROSSE OR A NOLI PROSEQUI?
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essentially an ignoramus for prosecutorial information
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What's the purpose of an ARRAIGNMENT?
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take the defendant's response to the accusations made in the accusatory pleading
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What are the 3 available pleas at an ARRAIGNMENT?
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-not guilty
-nolo contendere -guilty |
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What happens when the defendant pleads NOT GUILTY?
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date for trial is set
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What is the effect of pleading NOLO CONTENDERE?
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essentially you're pleading guilty, but your trial stuff cannot be used as an admission of liability in a civil proceeding
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What does a GUILTY plea result in?
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-no right to appeal
-no right to protection against self-incrimination -no 6th amendment rights |
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What was the significance of BOYKIN v ALABAMA?
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Judge must affirmatively document:
-defendant has been apprised of the ramifications of pleading guilty -defendant is entering plea voluntarily -defendant is mentally competent to understand guilty plea |
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What was the significance of Brady v. US?
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guilty plea is voluntary even if you are faced with plea guilty or face the death penalty
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