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12 Cards in this Set
- Front
- Back
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Arrest and interrogation |
An arrest occurs when I reasonable person would not feel free to leave Interrogation of suspects 5th amendment concerning self incrimination Applies to compelled testimonial statements Miranda warnings Required if Interrogated, In custody, By a government official |
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The charging process The grand jury Immunity |
The grand jury Investigative body with the right to subpoena witnesses and records to determine if violation of Law occurred 16 to 23 people meet secretly Non adversarial proceeding Accused has no right to be Formed of deliberations or appear Target still remains right against self incrimination Immunity Protect suspects from potential criminal liability when compelled to testify Solely at the discretion of prosecution be a court order Witness is in contempt of court if he refuses to testify |
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The charging process Prosecution Discretion and plea bargains |
Discretion left to Prosecuting authority to charge defendant Include settling Charges with agreed upon charges and sentences Only if they have evidence beyond reasonable doubt |
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The charging process Corporate deferred prosecution agreements |
Agreement not to prosecute corporate and city if the company agrees to certain terms Requirements is to reform corporate policies Helps companies avoid indictment Only if proof beyond reasonable doubt |
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Common pre trial motions |
For severance To suppress evidence To change venue |
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Pre trial process
Discovery
Brady material
Disclosures to defendant |
Discovery Disclosures to the defendant Statements, Prior record, Documents, Items, Test results, And other evidence intended for introduction
Brady material Prosecution must disclose All Evidence material to the defendant's guilt or punishment
Disclosures by the defendant Prosecution is entitled to defense evidence if discovery request is made initially by the defendant |
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Jury selection |
Typically a jury of 12 with 2 alternates Voir dire - Asking questions to determine if they are suitable to be on the jury May not exclude certain groups |
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Opening statements |
Prosecution explains charges, outlines evidence and tells jury it will ask for a guilty verdict |
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Presenting evidence |
Prosecution presents case 1st and has burden of proof that every element of the offense is beyond reasonable doubt |
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Closing arguments |
Prosecution argues 1st may not misstate the evidence or express personal opinion Defense focuses on attacking motives and credibility of witnesses |
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Sentencings |
Ends in fines, Imprisonment, Or probation |
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Appeal |
Only the convicted Defendant can appeal The government cannot appeal in acquittal Generally assignments of error on appeal are based on timely objections Reversal of conviction if error likely affected outcome and denied the defendant of a fair trial |
