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33 Cards in this Set
- Front
- Back
first appearance
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informed of charges, may set bail/pretrial release
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pretrial release options
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1)bail
2)deposit bail 3)release on recognizance (ROR) 4)conditional release 5)third party constody 6)signature bonds |
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grand jury
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makes sure there is enough evidence to bring a person to trial - filter out cases - 23 people
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indited
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a trial will happen
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preliminary hearing
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used instead of Grand Juries - another way to determine if there is probable cause to hold defendant for trial
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arraignment
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first appearance - pleas are entered:
1)guilty 2)not guilty 3)stand mute 4)nolo contendere (no contest) |
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plea bargaining
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defendant, prosecutor, and court negotiate and agreement - reduces time for criminal case to be resolved
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____% of cases are settled by plea bargaining
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90
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What are some problems with plea bargaining?
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-to severe
-rush to plea -efficiency -overcharging |
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What are some advantages of plea bargaining?
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-reduces case load
-conviction rate goes up |
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What are the stages of a criminal trial?
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1)trial initiation
2)jury selection 3)opening statements 4)presentation of evidence 5)closing statements 6)judge's charge to the jury 7)jury deliberates 8)verdict |
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What is rules of evidence?
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rules that govern evidence in a criminal trial
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adversarial system
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the two sides argue to convince judge and jury - supposibly the ture comes out
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inquisatorial system
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what other countries use - judge and jury ask questions
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factual guilt
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crime control - defendant is actually responsible for crime (hard to determine)
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legal guilt
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due process - procecutor presents evidence to jury that defendant is guilty
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Jury has to be.....
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unbiased and free of preconceived notions
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voir dire
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see say - jurors are questioned by each side
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challenge the array
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jurors don't represent the community
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challenge the cause
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jurors can't be fair of impartial - unlimited
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peremptory challenges
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removes juror for no reason - limited to 6
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scientific jury selection
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using social science research to select members - such as surveys
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sequestered jury
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jurors have no contact with the public during trial
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hearsay
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anything not based on the personal knowledge of a witness
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direct evidence
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evidence that directly proves a fact
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circomstantial evidence
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evidence taht requires a judge/juror to draw conclutions
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real evidence
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physical material
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What is a problem with the jurt system?
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whether a juror can accurately determine the defendants guilt or innocents
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legal guilt
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due process - prosecutor presents evidence to jusry that defendant is guilty
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A juror has to be....
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unbiased and free of preconcieved notions
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voir dire
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see say - jurors are questioned by both sides
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challange the array
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jurors don't represent the community
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challange the cause
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jurors can't be fair or impartial - unlimited amount
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