Criminal Justice Final: Ch. 10

Right to Competency

-Mental competence -Must understand nature and extent of the case -Defendant is medicated until they are competent

Plea Bargaining

-Most reliable method of deterring the truth in a criminal matter. -Favors both the prosecution and the defendant -prosecution: assured conviction defendant: rewarded with a lenient sentence -Reduction of charges, reduction of # of courts, recommendation of leniency, alteration of charges -GOOD & FAVORED because there are too many cases and not enough people; trials should be focused on murders, etc. rather than stupid little stuff

Not guilty

-Orally stated by the defendant or the defense council OR -it is entered for the defendant by the court when the defendant stands mute before the bench -After pleading not guilty, a trial date is set -bail is considered

Grand Jury

-Power to act as an independent INVESTIGATE body (examines the possibility of criminal activity) -After investigating, the ACCUSATION/PRESENTMENT takes place (contains the findings and a recommendation of indictment) -16-23 individuals representing a county

Waiving a Preliminary Hearing

-Prosecutor and judge must agree -Prosecutor likes this because it avoids the need for evidence Defendant chooses to waive if: -he has already decided to plead guilty -he wants to speed up the criminal justice process -hopes to avoid negative publicity as a result of the hearing

Right to Council

-Right to a council only if you can't afford one -If a crime has a punishment of 1 YEAR OR MORE, you have the constitutional right to council -Indigent (poor) defendants enjoy right to council -All criminal defendants in felony cases (even the indigent) benefit from it -Pro Se: right to represent yourself in trial

Right to Confronting Witnesses

-Right to confront witnesses against you -Have right to visually confront a witness -It is very hard to tell a lie to a victim's face in person -CONFRONTATION CLAUSE: right for defendant to see and cross-examine all witnesses against him or her. "Hear-Say" Evidence: prevents someone from making a statement unless it's from that person ex) John said _______.

Right of Proof Beyond Reasonable Doubt

-The standard required to convict a defendant charged with a crime at the adjudicatory stage of the criminal process -Prosecutor must convince the judge or jury of the defendant's guilt -It is better to release a guilty person than to lock up an innocent person -Innocent until proven guilty

Preliminary Hearing

-To require the prosecutor to present the case, so that the judge can determine whether or not the defendant should be held to answer the charge against him or her. -Used in half of US as an alternative to the Grand Jury PRELIMINARY HEARING and GRAND JURY: both share the same goal -They both try to decide whether probable cause is sufficient to merit a trial

No bill

If the grand jury fails to find probable cause -indictment is ignored

Arraignment

Initial trial court appearance, at which the accused is informed the charges, advised of his or her rights, and asked to enter a plea.

Pretrial Procedures (Procedures following arrest)

Legal/administrative actions that take place after arrest and before trial including grand jury indictments, preliminary hearings, bail and plea negotiation -COMPLAINT and INDICTMENT OR -INFORMATION and ARRAIGNMENT

"Rests the Peoples' Case"

Once the prosecution has provided all the government's evidence against a defendant, it informs the court that it rests the people's case. -The defense attorney at this point may enter a motion for a directed verdict.

Right to Impartial Judge

Right to a fair judge if the judge is unfair and favors one side -Recusal: a judge leaves a case if they believe they are not fit for it

8th Amendment

Right to bail -Allows criminals to prepare their defense with their lawyer

Preventive Detention

Statutory authorization to deny bail to a particular individual who is considered dangerous or a flight risk

Probable Cause

Sufficient evidence showing a crime was committed, and the defendant committed the crime.

Avertable Recidivists

The crime could have been prevented if the criminal was locked behind bars, rather than being granted bail.

Cross Examination

The defense attorney may challenge elements of the testimony, such as the witness's accuracy in reporting what was seen or heard.

Adjudication

The determination of guilt or innocence - a judgement concerning criminal charges

Verdict

The finding of a jury or a judge on questions of fact at trial

Venire

The group called for jury duty from which jury panels are selected

Bench Trial

The judge alone renders a verdict -Only in lower level courts -dismisses the case, find defendant not guilty, find defendant guilty and imposing a sentence, or continuing the case indefinitely. -Judge's decision is based on seriousness of the offense, the background of the criminal, and whether the case can be properly dealt with in a criminal process

Preponderance of the Evidence

The level of proof in civil cases -More than half the evidence supports the allegations of one side

Bail

The monetary amount required for pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure the return of the accused at subsequent proceedings -Crime type, prior record, flight risk, dangerousness, probation, and parole status all affect ability to make bail. -Bail cannot exceed the amount reasonably calculated to ensure the defendant will return to trial.

Direct Examination

The prosecutor questions the witness to reveal facts believed pertinent to the government's case.

True Bill

There is enough probable cause to prosecute -an indictment

Type of bail depends on:

-What state you're in -SURETY is most common in US (bail bondsman)

Information

-during Preliminary hearing -A formal charging document, similar to an indictment, based on probable cause as determined at a preliminary hearing PRELIMINARY HEARING -> INFORMATION

Guilty

-more than 90% of defendants plead guilty prior to trial stage -must be both understood and voluntary -after pleading guilty, a sentencing date is arranged

What happens during "Arraignment"?

-takes place BEFORE the court will try the case for trial -6th amendment: allows defendant to be informed of the nature and cause of the accusation -Defendant informed of charges -appoint council (lawyer etc.) -bail arrangements -enter plea

Alternative Bail Release Mechanisms

1) Police Field Citation release -very common for misdemeanors 2) Police Station House citation release -bail is deferred until after the arrestee goes to police HQ 3) Police/Pretrial Jail Citation Release -determined after the arrestee has been to the dept. jail for screening, booking, and admission 4) Pretrial/Court Direct Release by pretrial bail program -released without direct judicial involvement. Usually MDs 5) Police/Court Bail Schedule -arrestee can post bail at the station. They must pay a certain dollar amount according to the crime.

Directed Verdict

A judge's order to direct the jury to acquit the defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to law. -Defense attorney asks the judge to order the jury to return a verdict of not guilty. -Judge can choose whether the given evidence is sufficient to drop the case, or keep it going.

Jury Nullification

A jury's refusal to render a verdict according to the law and fact regardless of the evidence presented. -Jury is asked by Defense to ignore both and render decisions based on emotion and personal preference.

Release on Recognizance

A pretrial release in which a defendant with ties to the community is not required to post bail but promises to appear at all subsequent proceedings

Appeal

A request for an appellate court to examine a lower court's decision in order to determine whether proper procedures were followed.

Complaint

A sworn written statement addressed to a court or judge by the police, prosecutor, or individual

Nolo Contendere

-"no contest" -Defendant pleads GUILTY -defendant submits to sentencing without any formal admission of guilt that could be used against him or her in a subsequent civil suit -MUST be voluntary and intelligently made by the defendant

Voir Dire

-"to tell the truth" -Process in which a potential jury panel is questioned by the prosecution and the defense in order to select jurors who are unbiased and objective.

Writ of Habeas Corpus

-"you have the body" -Primary means by which state prisoners have their convictions or sentences reviewed in the federal court. -Seeks to determine the validity of a detention by asking the court to release the person or give legal reasons for his or her incarceration

Right to Compulsory Process

-6th amendment -Power to get a court issued Subpoena (an order requiring a witness to appear in court at a specified time and place) -Allows defendant to provide documentation proving his innocence via a subpoena

Indictment

-A written accusation charging a person with a crime -Written by prosecutor, submitted to a grand jury GRAND JURY -> INDICTMENT

Legal Rights During Trial (9)

right to: 1) Impartial judge 2) Competent at trial 3) Confronting witnesses 4) Compulsory process 5) Impartial jury 6) Counsel at trial 7) Speedy trial 8) Public trial 9) Convicted by proof beyond reasonable doubt

Challenge for Cause

Dismissal of a juror by either the prosecution or defense because he or she is biased, has prior knowledge of the case, or other reasons that are not far/impartial.

Peremptory Challenges

Dismissal of a juror by the prosecution or defense for unexplained, discretionary reasons

Exculpatory Evidence

Evidence that proves a defendant is innocent

Types of Bail (6)

Full cash Deposit Surety Conditional Unsecured Release on Recognizance

Grand Jury vs Preliminary Hearing

Grand Jury: -indictment, true/no bill, Secret meetings Preliminary: -Information, open cross examination -Prosecuting attorney, defendant, and defendant's council

Right to a Public Trial

-Anyone who wants to see a criminal trial can do so -Must at least be audio available (sometimes on TV) -No trials behind closed doors

Bail Problems

-Biased against the poor/minorities -Costs taxpayers $$ -Severe impact on life of convicted defendant -May not have excessive bail -Bail cannot be used as a punishment -If you're a dangerous person, bail will not be offered

Right to Impartial Jury

-Defendant has right to choose whether the trial will be between a judge or a jury -Do not have right to jury for all offenses (traffic tix, etc) -Any crime with a punishment of 6 MONTHS OR MORE, a jury is assigned

Pre-Trial Detention

-Denied bail OR cannot afford bail -kept in secure confinement until trial -bad because poor conditions and no rehabilitation -causes overcrowding -Costs $100 per day to keep a person in jail

Impartial Judge

-Direct, personal, substantial -Pecuniary ($) interest in reaching a conclusion against a defendant

The Plea

-Guilty, not guilty, or nolo contendere

Right to a Speedy Trial

-Improve the credibility of the trial by having witnesses available for testimony as early as possible -Helps defendants avoid lengthy pretrial detention -Avoid extensive pretrial publicity -Avoid and delay that could affect the defendant's ability to defend themselves -left to each state to define -misdemeanor: must take defendant to trial within 90 days -felony: 1 year or later is illegal