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16 Cards in this Set
- Front
- Back
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Define indictment |
A written accusation by Grand Jury filed with the Superior Court charging a person or two or more persons jointly with the commission of a crime or with the commission of two or more offenses at least one of which is a crime. |
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Define superior court information |
A written accusation by a district attorney filed with Superior Court charging a person or two or more persons jointly with the commission of a crime or with the commission of two or more offenses, at least one of which is a crime. |
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When are offenses joinable? |
When they are based on the same act or same criminal transaction or even when based on different criminal transactions, the commission of one can be evidence in Chief of the other or criminal acts are defined by the same or similar statute Provisions making them similar in law. An indictment Can be consolidated with an SCI |
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Each count of an indictment May charge how many offenses? |
One offense only! |
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Under what four cases may two or more defendants be jointly charged in a single indictment? |
1 they are both charged with the same offenses 2 all offenses are based upon a common scheme or plan 3 all offenses are based upon same criminal transaction 4 if the indictment includes a count of Enterprise corruption and every defendant is jointly charged with Enterprise corruption. |
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An indictment must contain what 9 items |
1 the name of the Court where filed 2 the title of the action with a juvenile offender statement if so charged as a juvenile offender 3 a separate accusation or count for each offense charged 4 a statement by the grand jury or da (if SCI) that defendant is accused of a designated offense and with language of if appropriate "as a hate crime", "as a crime of terrorism" "as a sexually motivated felony" or "as it public corruption crime." 5 statement in each count designating the county of the crime 6 a statement in each count designating date and time on or about of crime 7 a plain and concise factual statement in each count supporting every element of the offense charged. 8 the signature of the foreman or acting Foreman of the grand jury 9 the signature of the district attorney: **The judges signature is NOT necessary.** |
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The words "as a felony" are used if a previous conviction is raising the new offense from a lower grade to a higher grade as to not divulge the prior conviction. In this case What must be filed by the da charging that the defendant was charged with such previous conviction it may not be referred to during the trial. |
A special information |
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After the trial begins but before the close of the people's case the court in the absence of the jury must have arraign the dependent upon such special information and inform him he may admit it, deny it, or remain mute. If he denies or remains mute then that element of the offense may go before the jury to determine if previous conviction occurred except for what case? |
Except for murder |
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At what time May the court, upon application of the people and with notice to the defendant, with an opportunity to be heard, order Amendment to the indictment only with respect to the errors of form time and place and cannot change the theory of Prosecuting or tend to Prejudice the defendant on the merits. |
At any time before or during the trial |
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An indictment may not be amended in any respect when it... |
Changes the theory of prosecution as reflected in the evidence before the grand jury. |
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An indictment or SCI cannot be amended to cure which 4 things? |
1 failure to charge or state an offense 2 legal insufficiencies of the factual allegations 3 Misjoinder of offenses or 4 Misjoinder of defendants |
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At any time before a plea of guilty or commencement of trial, if another indictment is filed by the same court charging a defendant with an offense charge in the first indictment upon the arraignment of the second indictment what happens to the first indictment? |
The first indictment must be dismissed by the court The first indictment is not superseded however with respect to any count in the first indictment not charge within the second |
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Define bill of particulars |
A written statement by the prosecutor specifying items of factual information not recited in the indictment. Basically an elaboration of the charges. |
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Within what time frame must a timely request for the bill of particulars be served from arraignment and before commencement of trial. |
Within 30 days from arraignment and before commencement of trial. |
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How long does the prosecutor have to respond with the bill of particulars? |
15 days |
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What is 30/15/15? |
Defendant has 30 days to request a bill of particulars Prosecutors have 15 days to respond and either accept or refuse the request for the Bill of particulars |
