CJ 100 EXAM 1: Module 3
Preventive detention
Holding a defendant for trial, based on a judge's finding that, if the defendant were released on bail, he or she would flee or would endanger another person or the community. Congress and some of the states have passed laws that permit preventive detention of defendants—holding without setting any amount for bail—when the judge concludes that they pose a threat to others or to the community while awaiting trial.
Delinquency case
In juvenile court, a case in which a juvenile is charged with an offense that would be a crime if committed by an adult.
Grand jury
In the federal system and in some states, the prosecutor appears before a grand jury: a group of citizens that decides whether there is enough evidence to file an indictment or true bill charging the suspect with a specific crime. The use of the grand jury reinforces the American value of limited government. By giving citizens the authority to overrule the police and prosecutor in determining whether criminal charges should be pursued, the grand jury represents an effort to reduce the risk that government officials will use their power to deprive people of liberty in unjustified circumstances.
Which document is used by a grand jury to charge a person with committing a crime?
Indictment document
Which document is used by the prosecutor to charge a person with committing a crime?
Information document
Procedural criminal law
Law defining the procedures that criminal justice officials must follow in enforcement, adjudication, and corrections when processing cases.
Which method of case disposition is used by the due process model to dispose of criminal cases?
Law is the basis of decision making.
Which type of trial is conducted without a jury?
Most trials are summary or bench trials—that is, they are conducted without a jury. For the small percentage of defendants who plead not guilty, the Sixth Amendment guarantees the right to a trial by an impartial jury if the charges are serious enough to warrant a prison sentence of more than six months. In many jurisdictions, lesser charges do not entail a right to a jury trial. Fewer than 10 percent of cases go to trial, and only a portion of those are heard by juries.
Waiver
One of the first decisions to be made after a juvenile is referred is whether a case should be transferred to the criminal (adult) justice system via a waiver where juvenile court judges may waive their jurisdiction. (possible in 45 states)
Release on recognizance (ROR)
Pretrial release granted on the defendant's promise to appear in court, because the judge believes that the defendant's ties in the community guarantee that he or she will appear.
Probable cause
Reliable information indicating that evidence will likely be found in a specific location or that a specific person is likely to be guilty of a crime.
Which amendment to the United States Constitution addresses the issue of bail?
The Eighth Amendment to the U.S. Constitution forbids excessive bail, and state bail laws are usually designed to prevent discrimination in setting bail.
What are the two most important factors in setting bail?
The amount of bail is based mainly on the judge's view of the seriousness of the crime and the defendant's prior criminal record.
Which step sets in motion the adjudication of a criminal case?
The charging step of the decision making process. Prosecuting attorneys are the key link between the police and the courts, they make the decision to charge or not which is is crucial, because it sets in motion the adjudication of the case.
Arraignment
The formal court appearance in which the charges against the defendant (the indictment or information) are read by the judge and the defendant, advised by his or her lawyer, enters a plea of either guilty or not guilty.
Who decides whether there is sufficient evidence to proceed with a case to trial?
The judge or in the federal system and in some states, the prosecutor appears before a grand jury, which decides whether there is enough evidence to file an indictment or true bill charging the suspect with a specific crime.
Which criminal justice official is most likely to set bail in a felony case?
The judge.
Who is authorized to issue a warrant?
The judge.
Arrest
The physical taking of a person into custody on the grounds that probable cause exists to believe that he or she has committed a criminal offense. Police may use only reasonable physical force in making an arrest. The purpose of the arrest is to hold the accused for a court proceeding.
What is the purpose of the preliminary hearing?
The preliminary hearing, used in about half the states, allows a judge to decide whether there is probable cause to believe that a crime has been committed and that the accused person committed it. If there is enough evidence, the accused is bound over for arraignment on an information —a document charging a person with a specific crime. In the federal system and in some states, the prosecutor appears before a grand jury, which decides whether there is enough evidence to file an indictment or true bill charging the suspect with a specific crime. The preliminary hearing and grand jury are designed to prevent hasty and malicious prosecutions, to protect people from mistakenly being humiliated in public, and to decide whether there are grounds for prosecution. The use of the grand jury reinforces the American value of limited government.
Adjudication
The process of determining whether the defendant is guilty or not guilty. Adjudication is the trial stage of the juvenile justice process. If the child has not admitted to the charges and the case has not been transferred to the adult court, an adjudication hearing is held to determine the facts in the case and, if appropriate, label the juvenile as "delinquent."
What are the steps that are used by the criminal justice system in making decisions about those arrested and convicted of a crime?
The processing of cases in the criminal justice system involves a series of decisions by police officers, prosecutors, judges, probation officers, wardens, and parole board members. At each stage in the process, they decide whether a case will move on to the next stage or be dropped from the system. The criminal justice system consists of 13 steps that cover the stages of law enforcement, adjudication, and corrections: 1. Investigation 2. Arrest 3. Booking 4. Charging 5. Initial appearance 6. Preliminary hearing/grand jury 7. Indictment/information 8. Arraignment 9. Trial 10. Sentencing 11. Appeal 12. Corrections 13. Release In Argentina Brooke Could Invite Peter Into A Tiny Shed And Cry Really hard
What is the purpose of bail?
The purpose of bail is to permit the accused to be released while awaiting trial and to ensure that he or she will show up in court at the appointed time. Bail represents an effort to avoid depriving presumptively innocent people of liberty before their guilt has been proven in court.
Bench trial
Trails conducted without a jury.
An arrest of a criminal suspect is based upon which legal criterion?
Under some conditions, arrests may be made on the basis of a warrant —a court order issued by a judge authorizing police officers to take certain actions, such as arresting suspects or searching premises.
Eighth Amendment
1. Protects against excessive bail 2. Protects against excessive fines 3. Protects against cruel and unusual punishment
Plea of guilty
A confession of guilt in an open court. If the accused pleads guilty, the judge must decide whether the plea is made voluntarily and whether the person has full knowledge of the consequences. When a guilty plea is accepted as knowing and voluntary, there is no need for a trial, and the judge imposes a sentence.
Warrant
A court order authorizing police officials to take certain actions; for example, to arrest suspects or to search premises.
What is a warrant?
A court order authorizing police officials to take certain actions; for example, to arrest suspects or to search premises.
Information
A document charging an individual with a specific crime. It is prepared by a prosecuting attorney and presented to a court at a preliminary hearing.
Indictment
A document returned by a grand jury as a true bill charging an individual with a specific crime on the basis of a determination of probable cause from evidence presented by a prosecuting attorney and presented to a court at a preliminary hearing.
Who presides over a bench trial?
A judge alone without a jury.
Booking
After an arrest, the suspect is usually transported to a police station for booking, in which a record is made of the arrest. When booked, the suspect may be fingerprinted, photographed, interrogated, and placed in a lineup to be identified by the victim or witnesses. All suspects must also be warned that they have the right to counsel, that they may remain silent, and that any statement they make may be used against them later. (Miranda Rights) Bail may be set so that the suspect learns what amount of money must be paid or what other conditions must be met to gain release from custody until the case is processed.
Preliminary hearing
After suspects have been arrested, booked, and brought to court to be informed of the charge and advised of their rights, a decision must be made as to whether there is enough evidence to proceed and charge them with a crim. This decision is made either by a judge to decide whether there is probable cause to believe that a crime has been committed and that the accused person committed it, or before a grand jury which decides whether there is enough evidence to file an indictment.
Bail
An amount of money specified by a judge to be paid as a condition of pretrial release to ensure that the accused will appear in court as required.
True bill
An indictment.
Most criminal cases are disposed of by which method?
Very few criminal cases proceed to trial. Most move from the entry of the guilty plea during the arraignment, to the sentencing phase.
What is the purpose of the initial appearance?
Within a reasonable time after arrest, the suspect must be brought before a judge. At this point, suspects are given formal notice of the charge(s) for which they are being held, advised of their rights, and, if approved by the judge, given a chance to post bail. At this stage, the judge decides whether there is enough evidence to hold the suspect for further criminal processing. If enough evidence has not been produced, the judge will dismiss the case.
Initial appearance
Within a reasonable time after arrest, the suspect must be brought before a judge. At this point, suspects are given formal notice of the charge(s) for which they are being held, advised of their rights, and, if approved by the judge, given a chance to post bail. At this stage, the judge decides whether there is enough evidence to hold the suspect for further criminal processing. If enough evidence has not been produced, the judge will dismiss the case.
Can a juvenile who commits an offense that would be a crime if committed by an adult be transferred to a criminal court? If so, how is this accomplished?
Yes it is accomplished via a waiver.
Can bail be denied to some offenders? If so, which ones?
Yes, bail can be denied to some suspects when the judge concludes that they pose a threat to others or to the community while awaiting trial. Although people are generally entitled to a bail hearing as part of their right to due process, there is no constitutional right to release on bail, nor even a right to have the court set an amount as the condition of release. Congress and some of the states have passed laws that permit preventive detention of defendants—holding without setting any amount for bail
Can defendants be released from pretrial detention without posting bail? If so, how can this be done?
Yes, it can be done by releasing them on their own recognizance—a promise to appear in court at a later date.
Due process model
(law as a value) A model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information; it emphasizes the adversarial process, the rights of defendants, and formal decision-making procedures. (obstacle course)
Crime control model
(order as a value) A model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime; it emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders. (assembly line)
What is bail?
Bail is an amount of money specified by a judge to be paid as a condition of pretrial release to ensure that the accused will appear in court as required.
Adversarial system
Basis of the American legal system in which a passive judge and jury seek to find the truth by listening to opposing attorneys who vigorously advocate on behalf of their respective sides.
A record of the arrest is called what?
Booking.
What does adjudication mean?
Courts are responsible for adjudication: the process of determining whether the defendant is guilty or not guilty. In so doing, they must use fair procedures that will produce just, reliable decisions.
In juvenile court, a case in which a juvenile is charged with an offense that would be a crime if committed by an adult is referred to as what type of case?
Delinquency case.
Which method of case disposition is used by the crime control model to dispose of criminal cases?
Discretion is the basis of decision making.
Which model of the criminal justice system emphasizes the rights of defendants and formal decision-making procedures?
Due Process Model.
At what stage of the criminal justice process are defendants asked to enter a plea of guilty or not guilty?
During the arraignment, the accused person appears in court to hear the indictment or information read by a judge and to enter a plea. Accused persons may plead guilty or not guilty or, in some states, stand mute. When a guilty plea is accepted as knowing and voluntary by the judge, there is no need for a trial, and the judge imposes a sentence. Plea bargaining can take place at any time in the criminal justice process, but it tends to be completed shortly before or soon after arraignment.
Bail Reform Act of 1984
For federal criminal cases, Congress enacted the Bail Reform Act of 1984, which authorizes preventive detention. Under the act, if prosecutors recommend that a defendant be kept in jail, a federal judge holds a hearing to determine: 1. If there is a serious risk that the person will flee 2. If it is likely that the person will obstruct justice or threaten, injure, or intimidate a prospective witness or juror 3. If the offense is one of violence or one punishable by life imprisonment or death.
Trial
For the small percentage of defendants who plead not guilty, the Sixth Amendment guarantees the right to a trial by an impartial jury if the charges are serious enough to warrant a prison sentence of more than six months. Fewer than 10 percent of cases go to trial, and only a portion of those are heard by juries because they are lesser charges. Whether a criminal trial is held before a judge alone or before a judge and jury, a defendant may be found guilty only if the evidence proves beyond a reasonable doubt that he or she committed the offense.