Criminal Justice - Chapter 10 Notes

What occurs during pretrial activities?

1. First appearance, 2. Grand jury or preliminary hearing, 3. Arraignment and the plea, 4. Plea bargaining

What occurs during the first appearance?

1. First contact with an officer of the court. 2. Formal notice of the charges is given 3. accused is advised of rights 4. accused is given opportunity to retain lawyer or have one appointed 5. chance for bail 6. Must be held within 48 hours of arrest 7. May involve probable cause hearing

What challenges are used to ensure impartiality of jury?

1. challenge to array 2. challenge for cause 3. peremptory challenge

What are alternatives to bail?

1. release on recognizance 2. property bond 3. deposit bail 4. conditional release 5. third-party custody 6. unsecured bond 7. signature bond

What are the stages in a criminal trial?

1. trial initiation 2. jury selection 3. opening statements 4. presentation of evidence 5. closing arguments 6. judge's charge to jury 7. jury deliberation 8. verdict

Which amendment gives the speedy trial provision?

6th amendment

Bail Bond

A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear.

Competent to Stand Trial

A finding by a court that states the defendant has sufficient present ability to consult with his or her attorney and has a rational as well as factual understanding of the case against him or her.

Nolo contendere

A plea of "no contest." A no-contest plea is used when the defendant does not wish to contest conviction. Because the plea does not admit guilt, however, it cannot provide the basis for later civil suits that might follow a criminal conviction.

What is an arraignment?

An arraignment is used to inform suspects of specific charges and allow the defendant to enter a plea

Closing Argument

An oral summation of a case presented to a judge, or to a judge and jury, by the prosecution or by the defense in a criminal trial.

Evidence

Anything useful to a judge or jury in deciding the facts of a case. Evidence may take the form of witness testimony, written documents, videotapes, magnetic media, photographs, physical objects, and so on.

What is the purpose of bail?

Bail helps ensure reappearance of accused and prevents unnecessary imprisonment of unconvicted individuals.

What is real evidence?

Consists of physical material or traces of physical activity

Who is pretrial detention used for?

Defendants who are serious criminals or those likely to escape or injure others.

What is direct evidence?

Directly proves a fact, such as videotaped documentation

Real Evidence

Evidence that consists of physical material or traces of physical activity.

Circumstantial Evidence

Evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates.

What are the possible pleas?

Guilty, not guilty, nolo contendere

Plea

In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, is not guilty of the offense charged, or does not contest the charge.

Reasonable Doubt

In legal proceedings, an actual and substantial doubt arising from the evidence, from the facts or circumstances shown by the evidence, or from the lack of evidence. Also, the state of a case such that, after the comparison and consideration of all the evidence, jurors cannot say they feel an abiding conviction of the truth of the charge.

What is circumstantial evidence?

Indirect evidence which requires the judge or jury to make inferences and to draw conclusions

First Appearance

Initial appearance before a magistrate where defendant is informed of the charges on which he or she is being held. Bail may be set or pretrial release arranged.

What is the purpose of pretrial release?

It is used for defendants with less serious crimes.

Testimony

Oral evidence offered by a sworn witness on the witness stand during a criminal trial.

True or false: defendants posing a danger to the public may be detained until trial

TRUE

Verdict

The decision of the jury in a jury trial or of a judicial officer in a nonjury trial.

What is considered before pretrial release is granted?

The defendants risk of flight, risk of nonappearance, and risk to public safety.

Opening Statement

The initial statement of the prosecutor or the defense attorney, made in a court of law to a judge or jury, describing the facts that he or she intends to present during trial to prove the case.

Perjury

The intentional making of a false statement as part of the testimony by a sworn witness in a judicial proceeding on a matter relevant to the case at hand.

Release on Recognizance

The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.

Plea Bargaining

The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. Plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case.

Jury Selection

The process whereby, according to law and precedent, members of a trial jury are chosen.

Conditional Release

The release by executive decision of a prisoner from a federal or state correctional facility who has not served his or her full sentence and whose freedom is contingent on obeying specified rules of behavior.

Pretrial Release

The release of an accused person from custody, for all or part of the time before or during prosecution, on his or her promise to appear in court when required.

Property Bond

The setting of bail in the form of land, houses, stocks, or other tangible property. In the event that the defendant absconds prior to trial, the bond becomes the property of the court.

Reasonable Doubt Standard

The standard of proof necessary for conviction in criminal trials.

Adversarial System

The two-sided structure under which American criminal trial courts operate. In theory, justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.

Hearsay

comments not based on personal knowledge. Or a Witnesses who testifies about something they heard

What is plea bargaining?

negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and sentence

What are advantages of a plea bargaining?

skips trial process, reduces time required to resolve criminal case